Rep. Chuck DeVore

The California Constitution prohibits a bill from being passed by the Legislature until the bill with amendments has been printed and distributed to the Members. This measure would prohibit passage of a bill by a house of the Legislature unless, at least 48 hours in advance, the bill is made available to the public on the Internet, except that the house may dispense with this requirement by rollcall vote, 34 of the membership concurring.

This measure would request that the President and the Congress of the United States pass the H.R. 2474 that would restore funding for California veterans pursuing higher education.

Existing law includes provisions criminalizing conduct involving obscene matter and child pornography, including making the distribution of this material criminal. Existing law defines the term "distribute" for purposes of crimes relating to obscene matter. This bill would include within this definition of "distribute" making available for access or possession over the Internet. The bill would also provide that nothing in the provisions criminalizing conduct involving obscene matter and child pornography shall be construed to permit an action against an interactive computer service, electronic communication service, or remote computing service, as defined, that is inconsistent with specified provisions of federal law. By revising the definition of existing crimes to expand their application, 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 no reimbursement is required by this act for a specified reason.

The Personal Income Tax Law and the Corporation Tax Law define gross income as all income from whatever source derived, unless specifically excluded. This bill would, under both laws, exclude from the computation of gross income any voucher issued or specified payment made pursuant to the federal Consumer Assistance to Recycle and Save Act of 2009 received as a result of a purchase of a vehicle described in that act. This bill would make a legislative finding and declaration that it serves a public purpose, as specified. This bill would take effect immediately as a tax levy.

This measure would designate that January 18, 2010, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, commemorate Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.

The California Constitution authorizes the Legislature to delegate to the Fish and Game Commission powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Game exercises various functions with regard to the taking of fish and game. This measure would establish the right to hunt and fish wildlife, as defined, subject only to statutes enacted by the Legislature and regulations adopted by the Fish and Game Commission to promote wildlife conservation and management. It would provide that public hunting and fishing, including the use of traditional methods, as defined, would be a preferred means of managing and controlling wildlife.

(1) The Personal Income Tax Law, in modified conformity to specified provisions of the federal Mortgage Forgiveness Debt Relief Act of 2007, allows an exclusion from a taxpayer's income for the discharge of qualified principal residence indebtedness, as defined, if that debt is discharged after January 1, 2007, and before January 1, 2009, as provided. The Emergency Economic Stabilization Act of 2008 extended the operation of those federal provisions to debt that is discharged before January 1, 2013. This bill would provide further conformity to those federal acts, including allowance of the exclusion for debt that is discharged before 2013, as provided. (2) This bill would take effect immediately as a tax levy.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services, including mental health services. Under existing law, the State Department of Mental Health is required to implement managed mental health care for Medi-Cal recipients through fee-for-service or capitated contracts with counties, counties acting jointly, qualified individuals or organizations, or nongovernmental entities. This bill would, subject to specified exceptions, commencing March 1, 2010, require the State Department of Mental Health to send a reimbursement claim to the Controller within 90 days after the receipt of a reimbursement claim from any fee-for-service county contractor, and would provide that interest shall accrue on an unpaid claim, as prescribed, commencing on the 91st day after receipt of the claim, except as provided.

The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws, including a credit for an increase in qualified employees of a qualified employer. This bill would, under both laws, for taxable years beginning on and after January 1, 2010, allow a credit in an amount equal to 25% of the wages, not exceeding $6,000, paid to each qualified veteran, as defined, by the taxpayer during the taxable year. This bill would take effect immediately as a tax levy.

(1) The California Constitution requires the Legislature to convene in regular biennial session at noon on the first Monday in December of each even-numbered year to consider legislation and the Budget Bill. This measure would require the Legislature to convene in regular biennial session, but would require, commencing on December 6, 2010, that the sessions held in odd-numbered years be budget sessions, and sessions held in even-numbered years be general sessions. The measure would require the Legislature in the budget session to adopt Budget Bills for each of the 2 subsequent fiscal years. The measure would require the Legislature, during a budget session, to meet only to conduct oversight and review of the revenues and expenditures of the state and to consider Budget Bills, budget implementation bills, as defined, and related revenue bills, except the Legislature could consider urgency statutes. (2) The California Constitution requires that a budget be submitted by the Governor, and that the Legislature pass a Budget Act on or before June 15. Funds may be expended from the State Treasury for support of the state government only through an appropriation made by the Legislature. This measure would require, in each odd-numbered calendar year, commencing in 2011, that the Governor submit to the Legislature 2 proposed budgets for the 2 subsequent fiscal years, respectively. (3) The California Constitution permits revenues from taxes imposed by the state on motor vehicle fuels and funds in the Public Transportation Account in the State Transportation Fund to be loaned to the General Fund. That loan is required to be repaid in full either during the same fiscal year in which the loan was made or within 3 fiscal years from the date on which the loan was made if specified conditions apply. If the loan is to be repaid in full during the same fiscal year, the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year. The measure would provide that the repayment may be delayed until a date not more than 30 days after the date of enactment of the Budget Bill for the subsequent fiscal year, or July 31 of that subsequent fiscal year, whichever is later.