California's Ab 479: Law Or Not?

Assembly Bill No. 479, also known as AB 479, has been introduced in the California State Legislature multiple times since 2001. The content and nature of the bill differ with each introduction, ranging from topics such as escrow agents, taxation, school meals, workers' compensation, and domestic violence programs. To understand whether a specific AB 479 bill became a law, it is essential to specify the year it was introduced as the bill number can be reused in different legislative sessions.

Workers' compensation

California Assembly Bill 479 (AB 479), also known as the Workers' Compensation: Permanent Disability Apportionment bill, was introduced by Assembly Member Gonzalez Fletcher in 2017. The bill aimed to amend Section 4660.1 of the Labor Code, which relates to workers' compensation.

Under existing workers' compensation laws in California, employers are generally required to secure payment for workers' compensation, covering medical treatment for injuries incurred by employees during employment. The law also specifies that employers are liable only for the percentage of permanent disability directly caused by the injury that occurred during employment.

The AB 479 bill sought to address the issue of permanent disability apportionment, which is the process of determining the percentage of disability directly caused by a work-related injury. It proposed that if an employee sustains an injury resulting in breast cancer during the course of their employment, specified impairments must be considered when determining disability, including the presence or absence of the organ, skin disfigurement, pain, and other factors. Additionally, the bill stated that a person's age should not be a determining factor when assessing impairment due to breast cancer.

The bill passed in the Assembly and the Senate in August 2018. However, it was ultimately vetoed by Governor Edmund G. Brown Jr., who expressed concerns that the bill would create a complex workers' compensation system and burden injured workers seeking quick resolution to their claims. The governor instead directed the Division of Workers' Compensation Administrative Director to undertake an evidenced-based evaluation of the issues raised by the bill.

Domestic violence program

California Assembly Bill No. 479, also known as AB 479, is a piece of legislation focused on addressing domestic violence. This bill seeks to amend Section 1203.099 of the Penal Code, which pertains to the conditions of probation for individuals convicted of domestic violence.

The bill, sponsored by Assembly Member Blanca Rubio, aims to extend the provisions of existing law that authorise specific counties in California to offer alternative programs for those convicted of domestic violence. The counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo are permitted to provide programs that deviate from the standard batterer's program, but only if certain stringent conditions are met.

The alternative programs must be developed in consultation with domestic violence service providers and other relevant community partners. A comprehensive risk and needs assessment, specific to domestic violence offenders, must be utilised for each offender entering the program, and the treatment provided must be based on the findings of this assessment.

The bill stipulates that the program should incorporate evidence-based or promising practices and have a comprehensive written curriculum that guides the treatment and intervention modalities. The treatment within the program should be for at least one year, unless an alternative length is justified by a validated risk and needs assessment.

Furthermore, the bill outlines specific data collection requirements for participants in the program, including demographic information, criminal history, risk level, treatment provided, and outcomes. This information must be reported annually to the Legislature to ensure transparency and accountability.

By extending the provisions of the existing law, AB 479 ensures the continuation of alternative domestic violence programs in the specified counties. The bill was approved by the Governor and filed with the Secretary of State on July 21, 2023, taking effect immediately as an urgency statute to preserve public peace, health, and safety.

School meals

In 2019, Assembly Members Nazarian and Kalra introduced the California Assembly Bill 479, which aimed to establish the California School Plant-Based Food and Beverage Program within the State Department of Education. This program sought to promote and reimburse local educational agencies for offering plant-based food and milk options in school meals. The bill proposed that local educational agencies could apply for funding for reimbursement of up to $0.20 per meal for meals with a plant-based food option and up to $0.10 per meal for those with a plant-based milk option. Additionally, the bill addressed the need for grants to support professional development training, cafeteria equipment upgrades, and technical assistance for implementing plant-based options.

The California School Plant-Based Food and Beverage Program built upon the foundations laid by the federal National School Lunch Program and School Breakfast Program. It emphasized the importance of providing nutritionally adequate meals to all students, regardless of their financial situation. High poverty schools were required to participate in federal provisions, such as the Community Eligibility Provision (CEP) or Provision 2, to ensure access to free or reduced-price meals for their students.

The bill proposed that the State Department of Education should adopt regulations to implement the program, establish guidelines for evaluation, and conduct outreach to local educational agencies. It also authorized the department to accept funding from private sources to provide reimbursements or grants. The bill underwent several amendments in the Assembly and the Senate before its final form was determined.

While the idea behind the bill was to promote healthier and more inclusive meal options in schools, it faced challenges and did not become law. This could be due to various factors, such as budgetary constraints, competing priorities, or opposition from interest groups. However, the bill's introduction sparked important conversations about the role of plant-based options in school meals and the need to ensure that all students have access to nutritious food during their school day.

In School Year 2022–23, California implemented a statewide Universal Meals Program (UMP) for school children, becoming the first state to do so. The UMP ensures that all students have access to free breakfast and lunch during each school day, regardless of their financial situation. This program is funded by the California State Legislature, which allocates funds to provide state meal reimbursement. The California Department of Education (CDE) provides additional per-meal reimbursement to local educational agencies for nutritionally adequate meals, as long as they participate in the federal School Breakfast and National School Lunch Programs.

Sales and use taxes

California Assembly Bill No. 479, or AB 479, relates to sales and use taxes, specifically concerning exemptions for textbooks. The bill was introduced by Assembly Member Donnelly and co-authored by Assembly Members Dahle, Beth Gaines, Grove, Jones, and Olsen, with Senator Gaines as a co-author.

The bill seeks to amend the Sales and Use Tax Law, which imposes taxes on retailers based on gross receipts from the sale of tangible personal property in California. The law also taxes the storage, use, or consumption of such property purchased from a retailer. The bill proposes exempting textbooks from these taxes if they are purchased by a student from an institution of higher education or sold by an entity that primarily provides textbooks to students of higher education.

To qualify for the exemption, students must present valid identification or proof of enrollment from an institution of higher education. The bill defines an "institution of higher education" as a nationally or regionally accredited public or private college or university, or a postsecondary educational institution. A "textbook" is defined as published material assigned or recommended by an instructor for use as a learning resource in any course of study. This includes books in physical and digital formats but excludes audio recordings.

The bill also addresses the Bradley-Burns Uniform Local Sales and Use Tax Law, which authorises counties and cities to impose local sales and use taxes. It reiterates that exemptions from state sales and use taxes are incorporated into these local laws. Additionally, the bill clarifies that the state will not reimburse local agencies for sales and use tax revenues lost due to this bill.

Escrow agents

California's Assembly Bill No. 479 (AB 479) is concerned with escrow agents and amends the state's Escrow Law. Introduced by Assembly Member Maldonado in February 2003, the bill makes changes to the licensing and regulation of escrow agents, as well as the requirements for membership in, and certification by, the Escrow Agents' Fidelity Corporation.

The Escrow Law already provides for the licensing and regulation of escrow agents by the Commissioner of Corporations. It requires escrow agents to be licensed and to be members of the Escrow Agents' Fidelity Corporation, a nonprofit corporation that indemnifies its members against loss. Employees of escrow agents must obtain a certificate from the corporation as a condition of employment or compensation.

AB 479 makes changes to the process of obtaining an escrow agent license. It requires that, prior to licensure by the commissioner, an applicant for an escrow agent license must apply for a certificate from the corporation for each proposed shareholder, officer, director, trustee, manager, or employee who is to be compensated by the licensee. The bill also authorises the commissioner to refuse to issue a license to an applicant that has failed to comply with the corporation's membership requirements.

The bill revises the application requirements for membership in, and certification by, the Escrow Agents' Fidelity Corporation. It also changes the schedule establishing the coverage that the corporation is required to provide to its members, as well as the annual assessment that the corporation bills and collects from its members.

In addition to these changes, AB 479 makes other related amendments to the Escrow Law. For example, it adds a provision that allows the commissioner to refuse to issue a license if a false statement of a material fact has been made in the application. It also adds grounds for denying, suspending, or revoking the certificate of a person, such as if the person has been convicted of a crime involving dishonesty, fraud, or deceit.

Another California bill, AB 412, also relates to escrow agents and amends the state's Escrow Law. This bill, introduced by Assembly Member Quirk-Silva, focuses on the asset requirements for escrow agents. It eliminates distinctions based on when an agent was licensed, deleting the tangible net worth schedule for agents licensed before January 1, 1986. It also excludes liabilities derived from operating lease obligations when calculating a licensee's current liabilities for the purpose of establishing tangible net worth.

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