This measure adopts the Joint Rules of the Senate and Assembly for the 2009–10 Regular Session, as set forth in Senate Concurrent Resolution No. 1, as the Joint Rules, except as specified, for the 2009–10 Third Extraordinary Session.
The California Constitution requires the state, from all state revenues, to first set apart the moneys to be applied for the support of the public school system and public institutions of higher education. The Constitution requires that the moneys to be applied by the state for the support of school districts and community college districts be not less than the greater of 3 amounts computed pursuant to specified tests. The Constitution provides that school districts and community college districts are entitled to a maintenance factor, as specified, for any fiscal year in which they are allocated a reduced amount of funding pursuant to the 3rd test or pursuant to a suspension of the minimum funding guarantee. This measure would provide, commencing with the 2011–12 fiscal year, that school districts and community college districts are to receive supplemental education payments in the total amount of $9,300,000,000, and would require the Legislature to annually appropriate that amount from a specified account until the full amount of the supplemental education payments has been allocated. The measure would provide that the payments are in lieu of the maintenance factor amounts, if any, that otherwise would be determined for the 2007–08 or 2008–09 fiscal years. The measure would make its operation contingent upon the establishment, under a separate provision of the Constitution, of the specified account from which the payments would be appropriated. The measure would require that, of the appropriations to school districts for this purpose for the 2011–12 fiscal year, an amount not exceeding $200,000,000 be available only for the purposes set forth in a specified statute, as determined pursuant to the funding formula set forth in that statute. The measure would require that any remaining funds from the appropriations made to school districts for the 2011–12 fiscal year, and all of the funds from the appropriations made to school districts for each subsequent fiscal year, be allocated to school districts as an adjustment to revenue limit apportionments, as specified by statute, in a manner that does not limit a recipient school district with regard to the purposes of the district for which the moneys may be expended.
The California Stem Cell Research and Cures Act, an initiative measure approved by the voters at the November 2, 2004, general election (Proposition 71) , establishes the California Institute for Regenerative Medicine (CIRM) , the purpose of which is, among other things, to make grants and loans for stem cell research, for research facilities, and for other vital research opportunities to realize therapies, protocols, and medical procedures that will result in the cure for, or substantial mitigation of, diseases and injuries. This bill would create the California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 to establish stem cell and biotechnology education and workforce development as a state priority and to promote stronger links among industry sectors, the CIRM, and California public schools. The bill would require the State Department of Education to post certain information on its Internet Web site, including the CIRM model curriculum on stem cell science, and to communicate to science teachers and school districts the availability of this curriculum.
Existing law provides for the licensure and regulation of marriage and family therapists and clinical social workers by the Board of Behavioral Sciences, in the Department of Consumer Affairs. Under existing law, the board consists of 11 members. This bill would provide for the licensure, registration, and regulation of licensed professional clinical counselors and interns by the board and would add 2 additional members to the board, to be appointed by the Governor, as specified. The bill would enact various provisions concerning the practice of licensed professional clinical counselors, interns, and clinical counselor trainees, including, but not limited to, practice requirements and enforcement specifications. The bill would authorize the board to begin accepting applications for intern registration on January 1, 2011, and for licensure examination eligibility on January 1, 2012, but would authorize the board to issue licenses to individuals meeting certain criteria who apply between January 1, 2011, and June 30, 2011. The bill would authorize the board to impose specified fees on licensed professional clinical counselors and interns, which would be deposited in the Behavioral Sciences Fund to carry out the provisions of the bill. The bill would require that the startup costs of the program be funded by a loan from the Behavioral Sciences Fund, upon appropriation by the Legislature. The bill would provide that a violation of its provisions is a misdemeanor. By creating a new crime, the 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 no reimbursement is required by this act for a specified reason.
Existing law authorizes the Department of Corrections and Rehabilitation to oversee programs for the purposes of reducing parolee recidivism. This bill would authorize each county to establish a Community Corrections Performance Incentives Fund (CCPIF) and would authorize the state to annually allocate money into a State Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities, as specified. This bill would require the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Administrative Office of the Courts, to calculate the amount of money to be appropriated from the state fund into a CCPIF. This bill would specify that the calculation would be based on costs avoided by the Department of Corrections and Rehabilitation because of a reduction in the percentage of adult probationers sent to prison for a probation failure, as specified. This bill would also require each county using CCPIF funds to identify and track specific outcome-based measures, as specified, and report to the Administrative Office of the Courts on the effectiveness of the programs paid for by the CCPIF. This bill would require the community corrections programs to be developed and implemented by the chief probation officer, as advised by a Community Corrections Partnership. This bill would require specified local officials to serve as part of that Community Corrections Partnership. Because this bill would increase the duties for certain local officials, it 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.
Existing law regulates the taking or possession of birds, mammals, fish, amphibians, and reptiles. Under existing law, the Department of Fish and Game performs various functions with regards to the taking of fish and game. Existing law generally provides that a violation of fish and game laws is a crime. This bill would provide that the taking of birds by a public use airport certificated by the Federal Aviation Administration operating in the state pursuant to a federal depredation permit, does not violate state fish and game laws if the taking is in compliance with that permit and the taking occurs on land owned or leased by the airport that is not habitat mitigation or conservation land, and there is no taking of a fully protected, candidate, threatened, or endangered species. The bill would specify that a taking is only authorized to relieve or prevent injurious situations affecting public safety and can only be performed as part of an integrated wildlife management program that emphasizes nonlethal management techniques. The bill would require the airport to provide to the department all federal depredation permits and all federal reports required pursuant to any federal depredation permit or wildlife hazard management plan, or both, and to provide the department reasonable access to ensure compliance. The bill would require the department to seek reimbursement from the airport for the reasonable costs associated with activities resulting from any violations of these provisions.
Existing law provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. A willful violation of the provisions governing health care service plans is a crime. Existing law requires health care service plan contracts and health insurance policies to cover reconstructive surgery, as defined. This bill would define reconstructive surgery, as of July 1, 2010, to include medically necessary dental or orthodontic services that are an integral part of reconstructive surgery for cleft palate procedures, except as specified. Because a willful violation of this provision by a health care service plan would be a crime, the 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 no reimbursement is required by this act for a specified reason.
The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education and their respective institutions of higher education. Existing law establishes the California State University, under the administration of the Trustees of the California State University as one of the segments of public postsecondary education in this state. A provision of the act requires the California State University to establish model academic standards for high school courses, including career technical courses, for pupils who wish to attend the California State University. The act requires the California State University to recognize the completion of all high school career technical education courses that meet model curriculum standards established by the Superintendent of Public Instruction as satisfying the completion of a general elective course requirement for the purposes of admission to that university, if, by July 1, 2008, the university has not adopted model uniform academic standards for career technical education courses that will satisfy the completion of a general elective course requirement for the purposes of admission to the university. Existing law requires the Superintendent to coordinate the development, on a cyclical basis, of model curriculum standards for a high school career technical course of study. Existing law also requires the Superintendent to develop a career technical curriculum framework based on prescribed criteria. This bill, notwithstanding any other provision of law, on or before January 1, 2014, would require the trustees to develop and implement a procedure for allowing a student to satisfy the completion of a general elective course requirement for the purposes of admission to the university by completing a high school career technical education course that meets either (1) specified criteria that the bill would require the trustees to establish, or (2) model academic standards for high school courses adopted by the California State University pursuant to existing law. The bill would require the university to recognize the completion of all high school career technical education courses that meet model curriculum standards established by the Superintendent as satisfying the completion of a general elective course requirement for the purposes of admission to the university, if, by January 1, 2014, the university has not developed that procedure. The bill would require the trustees to adopt related requirements based on the recommendations and judgment of the Academic Senate of the California State University.
(1) Existing law requires certain transportation planning activities by designated regional transportation planning agencies, including development of a regional transportation plan. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires metropolitan planning organizations to adopt a sustainable communities strategy, subject to specified requirements, as part of a regional transportation plan, which is to be designed to achieve certain targets established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. Existing law, to the extent the sustainable communities strategy is unable to achieve the greenhouse gas emissions reduction targets, requires the affected metropolitan planning organization to prepare an alternative planning strategy showing how the targets may be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. Existing law requires the metropolitan planning organization to conduct at least 2 informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. Existing law provides that the purpose of the meetings is to present a draft of the sustainable communities strategy to the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations. This bill would instead provide that the purpose of the meeting or meetings is to discuss the sustainable communities strategy and alternative planning strategy, if any, including the key land use and planning assumptions, with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations. The bill would require the Tahoe Metropolitan Planning Organization to use the Regional Plan for the Lake Tahoe Region as its sustainable communities strategy, if specified requirements are met. (2) The Planning and Zoning Law requires each local government to review its housing element as frequently as appropriate to evaluate specified considerations, and requires specified, different types of local governments to revise the housing elements of their general plans in accordance with specific schedules. This bill would instead require each local government to review its housing element as frequently as appropriate, but no less often than required by a specified schedule. The bill would modify that schedule as it pertains to local governments within the regional jurisdiction of the San Diego Association of Governments to require those governments to adopt the 5th revision of the housing element no later than 18 months after adoption of the first regional transportation plan update to be adopted after September 30, 2010, and would subject those governments to specified requirements relating to the 5th, 6th, and subsequent revisions of the housing element. The bill would also specify the schedule for all local governments to adopt subsequent revisions of the housing element after the 5th revision. The bill would require the Department of Transportation to maintain and publish a current schedule of the estimated regional transportation plan adoption dates and a current schedule of the estimated and actual housing element due dates on its Internet Web site. The bill would also require each council of governments to publish on its Internet Web site the estimated and actual housing element due dates, as published by the department, for the jurisdictions within its region, and to send notice of these dates to interested parties. By adding to the duties of local government officials, this bill would impose a state-mandated local program. (3) The Bagley-Keene Open Meeting Act requires, with specified exceptions, that the meetings of a state body be open and public and that all persons be permitted to attend. Existing law establishes the Strategic Growth Council and requires the council to manage and award grants and loans to support the planning and development of sustainable communities. Existing law also requires the council's meetings to be open to the public and subject to the Bagley-Keene Open Meeting Act. This bill would provide that a meeting of the council, including a meeting related to the development of grant guidelines and policies and the approval of grants, is subject to the Bagley-Keene Open Meeting Act, and that, for the purposes of this provision, "meeting" would not include a meeting at which council members are meeting as members of the Governor's cabinet. (4) The bill also would require that existing law, Chapter 728 of the Statutes of 2008, be known, and would authorize it to be cited, as the Sustainable Communities and Climate Protection Act of 2008. (5) This bill would incorporate additional changes in Section 65583 of the Government Code proposed by AB 720, that would become operative only if AB 720 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. (6) 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.
Existing law requires the governing board of each school district and each county superintendent of schools to adopt policies regarding pupil promotion and retention. Existing law requires the Commission on Teacher Credentialing, the state board, and the department to provide to the State Chief Information Officer the individual nonpersonally identifiable or aggregate data related to adequate yearly progress, graduation rates, pupils who drop out of school, and demographics of pupils and teachers. This bill would require the Superintendent, on or before August 1, 2011, and annually thereafter, to submit to the Governor, the Legislature, and the state board, a report called the Annual Report on Dropouts in California. The bill would require, among other things, that the report contain specified information on dropout rates, graduation rates, pupil promotion rates, course enrollment patterns, and behavioral data. The bill would require that the report include data from the most recent year and, at a minimum, the two prior years. The bill would also require the Superintendent to make an oral presentation of the contents of the report to the state board and to make the contents of the report available on the department's Internet Web site. The bill would state the intent of the Legislature that the report be usable by specified groups for analyzing the high rate of dropouts in California. Existing law, operative only if local educational agencies receive a per pupil allocation prior to the 2010–11 fiscal year for implementation of the California Longitudinal Pupil Achievement Data System, as specified, requires, beginning July 1, 2011, that the Academic Performance Index (API) for a school or school district include test scores and other data from pupils who were referred to alternative education programs and include school and school district dropout rates, as specified. This bill would remove the requirement that local educational agencies receive the specified allocation in order for these provisions to become operative.
