Sen. Mark Wyland

Existing law states the intent of the Legislature to provide for the adoption and selection of quality instructional materials for use in the elementary and secondary schools and recognizes that the governing boards of school districts have the responsibility to establish courses of study and that they must have the ability to choose instructional materials that are appropriate to their courses of study. This bill would make a technical, nonsubstantive change to that provision.

(1) Existing law requires each school district, charter school, and county office of education to administer to each of its pupils in grades 2 to 11, inclusive, designated achievement tests. Existing law establishes the Public Schools Accountability Act of 1999 and requires the Superintendent of Public Instruction to develop an Academic Performance Index (API) , which consists in part of the results of the tests administered pursuant to the Standardized Testing and Reporting (STAR) Program, to measure the performance of schools and to rank schools based on the value of the API. Existing law requires schools to report their ranking, including a description of the components of the API, in their annual school accountability report card. Existing law requires the governing board of each school district to discuss the results of the annual ranking at the next regularly scheduled meeting following the annual publication of the API and school rankings by the Superintendent of Public Instruction and encourages that meeting to include a discussion that examines STAR test results by school, grade, and subgroup, as specified. This bill would require the governing board of a school district to conduct a public hearing to discuss, analyze, and compare the results of the API, STAR test scores, and school rankings and would instead require that public hearing to include a discussion that examines STAR test results by school, grade, and subgroup, as specified. Existing law authorizes the governing board of a school district to conduct an assessment of the reasons for a school's performance results, by grade, and adopt an improved performance plan, as specified, for specified low performing schools. This bill would instead require the governing board of a school district to perform these functions. (2) This bill would require the governing board of a school district to notify in writing specified persons and entities if it chooses to hold a public hearing at one of its a regularly scheduled meetings to discuss pupil achievement on the reading, English language arts, and mathematics portions of the achievement tests administered pursuant to the STAR program and pupil progress toward meeting the optimum performance levels on those tests. (3) By requiring school districts to perform additional duties relating to public hearings for pupil assessments, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

This bill would urge the United States Patent and Trademark Office to place a satellite office in California.

Existing law prohibits a pupil from receiving a diploma of graduation from high school unless he or she completes specified requirements, including, but not limited to, completing one course in visual or performing arts or foreign language. This bill, commencing with the 2012–13 school year, would add completion of a course in career technical education, as defined, as an alternative to the requirement that a pupil complete a course in visual or performing arts or foreign language. The bill would require the governing board of a school district or county office of education that elects to offer career technical education courses pursuant to these provisions to provide parents, teachers, pupils, and the public, at a regularly scheduled meeting of the governing board, with specified information relating to the impact that offering these courses would have on graduation requirements and admission requirements to the California State University and the University of California. The bill also would require a school district that elects to allow a career technical education course to satisfy a specified course graduation requirement to include, as part of an existing notification requirement, information about the high school graduation requirements of the school district and how each requirement satisfies, or does not satisfy, college admission requirements, and a list of career technical education courses offered by the school district. The bill also would require the State Department of Education to submit a comprehensive report to the appropriate policy committees of the Legislature, on or before July 1, 2017, that includes specified information relating to this alternative means of satisfying the graduation requirement. The bill would authorize the Superintendent of Public Instruction to use existing state resources and federal funds for purposes of completing the report, and to apply for and receive grants and donations from public or private sources if existing resources are not available or sufficient. The bill would also authorize the Superintendent to accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. The bill would make these provisions inoperative on the earlier of 2 specified dates and would repeal these provisions on January 1 immediately following that earlier date.

Existing law, the Licensed Professional Clinical Counselor Act, provides for the licensure and regulation of professional clinical counselors by the Board of Behavioral Sciences. Existing law also governs the regulation of clinical counselor trainees and clinical counselor interns. A violation of the act is punishable as a crime. This bill would make changes to various provisions concerning the practice of professional clinical counselors, clinical counselor trainees, and clinical counselor interns, including, but not limited to, provisions relating to education and training and licensure fees. The bill would authorize the formation of professional clinical counselor corporations for purposes of rendering professional services, subject to specified requirements. The bill would make conforming changes to the Moscone-Knox Professional Corporation Act and would authorize professional clinical counselors to be shareholders, officers, directors, or professional employees of other professional corporations, as specified. The bill would provide that a violation of these provisions constitutes a violation of the Licensed Professional Clinical Counselor Act, the violation of which is punishable as a crime, thereby imposing a state-mandated local program. Existing law imposes specified fees on applicants for licensure as professional clinical counselors and registration as clinical counselor interns, including examination fees. This bill would impose additional fees on these applicants, licensees, and registrants for the rescoring of examinations of a license or for replacement or issuance of a certificate or letter of good standing. Existing law requires certain licensees to complete training in human sexuality and authorizes the board to adopt education and training for licensees related to chemical dependency and the assessment and treatment of AIDS. This bill would extend the application of these provisions to professional clinical counselors. Existing law requires a health care practitioner to communicate to a patient his or her name, license type, and highest level of academic degree in writing or in a prominent display in an area visible to patients in his or her office. Existing law exempts from these requirements certain health care practitioners. This bill would exempt professional clinical counselors from those requirements. Existing law requires the board to provide on the Internet information regarding the status of every license issued by the board. This bill would require the board to disclose information on licensed professional clinical counselors. Existing law requires insurers that provide liability insurance to certain licensees, and state or local governmental agencies that self insure those licensees, to report to the board certain settlement or arbitration awards. Existing law requires certain licensees to report to the board certain settlements, judgments, or arbitration awards. The failure of a licensee to report this information constitutes a crime subject to specified fines. This bill would extend the application of these provisions to professional clinical counselors. By expanding a crime, the bill would impose a state-mandated local program. Existing law establishes a peer review process for certain healing arts licensees and requires peer review bodies to review licensee conduct under specified circumstances. The willful failure of a peer review body to make specified reports is punishable as a crime. This bill would apply these provisions to professional clinical counselors and set forth the criteria for the establishment of a peer review body, as specified. Because the willful failure of such a peer review body to make specified reports would be punishable as a crime, the bill would impose a state-mandated local program. Existing law provides that there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, certain professional societies or its members for any act performed within the scope of the functions of that professional society or peer review or for the operation of a referral service, as specified. This bill would extend the application of these provisions to a professional society consisting of professional clinical counselors and members of that society. Existing law provides a cause of action against a psychotherapist, as defined, for injury caused by sexual contact with the psychotherapist. This bill would extend the application of that cause of action to professional clinical counselors and registered clinical counselor interns or trainees, and their patients. Existing law requests that the California State University, the University of California, and the California Community Colleges develop standards and guidelines for curriculum in gerontology, nursing, social work, psychology, marriage and family therapy, and rehabilitation therapies. This bill would add to that requested curriculum professional clinical counseling. Existing law makes admissible in a criminal proceeding the testimony of a witness who has previously undergone hypnosis for the purpose of recalling events that are the subject of the witness's testimony, if specified conditions are met, including that the hypnosis was performed by a licensed physician and surgeon, psychologist, licensed clinical social worker, or a licensed marriage and family therapist experienced in the use of hypnosis. This bill would make admissible the testimony from a witness who has undergone hypnosis by a professional clinical counselor. Existing law provides that a patient has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between a patient and his or her psychotherapist, as defined. This bill would extend the patient-psychotherapist privilege to confidential communications made between a patient and his or her professional clinical counselor, a registered clinical counselor intern or trainee, or a professional clinical counselor corporation. The bill would make a technical change to provisions that apply to associate clinical social workers. Existing law provides that the proceedings and records of organized committees of healing arts professions or of a peer review body are not subject to discovery, except as specified. This bill would provide that the proceedings and records of committees or peer review bodies of professional clinical counselors are not subject to discovery, except as specified. Existing law authorizes the family law division of the superior court to contract with eligible providers of supervised visitation and exchange services, education, and group counseling to provide services. This bill would authorize the family law division to contract with professional clinical counselors for those services. Existing law sets forth the provisions that govern the provision of mental health treatment or counseling services and residential shelter services by professional persons, as defined. This bill would extend the application of those provisions to professional clinical counselors and clinical counselor interns. Existing law prohibits the licensure requirements of healing arts personnel in the state and other governmental health facilities licensed by the state from being any less than those of professional personnel in health facilities under private ownership, subject to specified waiver provisions. This bill would extend the application of those provisions to professional clinical counselors who work in those facilities. Existing law, the Knox-Keene Health Care Service Act of 1975 (Knox-Keene Act) , provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of its provisions a crime. Existing law requires a health care service plan that provides, operates, or contracts for telephone medical advice services to ensure that the staff providing those services are properly licensed, as specified. This bill would require a health care service plan that provides telephone medical advice services to ensure that any professional clinical counselors providing those services are licensed. Because a willful violation of these provisions would be punishable as a crime, the bill would impose a state-mandated local program. Existing law requires a health care service plan to provide to an enrollee or prospective enrollee, upon request, a list of contracting providers within the enrollee's or prospective enrollee's general geographic area. This bill would require a health care service plan to make that information available with regard to contracting providers who are professional clinical counselors. Because a willful violation of these provisions would be punishable as a crime, the bill would impose a state-mandated local program. Under existing law, a health care service plan may not prohibit an enrollee from selecting certain healing art licensees for mental health services. Existing law also sets forth provisions that apply to health care service plan contracts or health insurance policies that are written or issued for delivery outside of California and where benefits are provided within the scope of practice of certain healing arts licensees. This bill would add professional clinical counselors to the list of healing arts licensees in those provisions and would make similar changes to provisions that apply to insurance carriers. Because a willful violation of these provisions under the Knox-Keene Act would be punishable as a crime, the bill would impose a state-mandated local program. Existing law sets forth provisions governing patient records and the responsibilities and duties of health care providers, as defined, with regard to those records, and as applied to other healing arts licensees when practicing at institutions for the developmentally disabled or mental hospitals. This bill would apply the provisions that govern patient records to professional clinical counselors and clinical counselor interns. Existing law requires a person who provides mental health services in local mental health facilities to be licensed. Existing law allows that licensure requirement to be waived in local facilities for psychologists, clinical social workers, and marriage and family therapists who are gaining the experience required for licensure. This bill would apply those waiver provisions to the profession of clinical counseling. Under the Child Abuse Neglect and Reporting Act, certain persons are mandated reporters, as defined. Failure of a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. This bill would make professional clinical counselors, clinical counselor interns, and clinical counselor trainees mandated reporters. By expanding a crime, the bill would impose a state-mandated local program. Existing law generally regulates the provision of community mental health services for the mentally disordered in every county. Existing law authorizes the establishment of regional, secure facilities, which are designed for the commitment and ongoing treatment of seriously emotionally disturbed minors who have been adjudged wards of the juvenile court. Among other things, existing law sets forth staffing requirements for the opening of one of these regional facilities, including requiring that the staff include a pediatrician, dentist, and marriage and family therapist, on an as-needed basis. This bill would revise the staffing requirements for a regional facility to include a marriage and family therapist or professional clinical counselor, or both, on an as-needed basis. The bill would also authorize the position of director of local mental health services to be a professional clinical counselor and would make other conforming changes to the certification review provisions. This bill would incorporate additional changes in Section 4999.120 of the Business and Professions Code, proposed by SB 704, to be operative only if SB 704 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. This bill would incorporate additional changes in Section 4514 of the Welfare and Institutions Code, proposed by SB 368, to be operative only if SB 368 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last. This bill would make other conforming changes and enact related provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes administrative procedures for the review and certification of the EIR for a project and judicial review procedures for any action or proceeding brought to challenge the lead agency's decision to certify the EIR or to grant project approvals. This bill would establish specified administrative and judicial review procedures for the administrative and judicial review of the EIR and approvals granted for a project related to the development of a specified stadium in the City of Los Angeles. Because the lead agency would be required to use these alternative procedures for administrative review of the EIR if the project applicant so chooses, this bill would impose a state-mandated local program. The bill would require the lead agency and applicant to implement specified measures, as a condition of approval of the project, to minimize traffic congestion and air quality impacts that may result from spectators driving to the stadium. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the development of a stadium in the City of Los Angeles.

Existing law requires agents and insurers to fulfill certain requirements with regard to the replacement of existing life insurance policies and annuities. This bill would require insurers and insurance producers, as defined, to comply with specified requirements regarding the purchase, exchange, or replacement of an annuity recommended to a consumer, including, but not limited to, having reasonable grounds for the insurance producer believing the annuity transaction would be suitable for the consumer, as provided. The bill would also prohibit an insurance producer from selling annuities unless he or she has received Insurance Commissioner-approved training, and would authorize the commissioner to require certain actions by, and impose sanctions and penalties on, insurers and their agents for a violation of the bill's provisions. The bill would further provide that sales by a Financial Industry Regulatory Authority (FINRA) broker-dealer that comply with the suitability and supervision requirements of FINRA shall be deemed to satisfy the suitability and supervision requirements of this bill, as specified.

(1) Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011–12 fiscal year. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collections of fire prevention fees if, commencing with the 2012–13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available, to the board and the Department of Forestry and Fire Protection for certain specified fire protection activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics. This bill would repeal the above provisions relating to the fire prevention fees. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.

The Personal Income Tax Law allows individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds. This bill would, until January 1, 2016, allow a taxpayer to designate on a tax return that a specified amount in excess of his or her tax liability be deposited into the General Fund. The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.

This measure would recognize the 10th anniversary of the September 11, 2001 attacks as a day of solemn commemoration.