California 2009-2010 Regular Session Status: To Executive

SB 1269 — Food donation liability.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, with specified exceptions, exempts a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank from liability for any damage or injury resulting from the consumption of the donated food. Existing law also exempts from liability any person who donates any agricultural product, as provided. Existing federal law also contains specified exemptions from liability for the donation of apparently fit grocery products to a nonprofit organization. Existing federal law allows for a tax deduction for charitable contributions of food inventory. This bill would require the California Department of Food and Agriculture and the California Department of Public Health to make information available, as provided, about certain state and federal statutory exemptions from liability for the donation of food to a nonprofit corporation and tax deductions for charitable contributions of food inventory.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 2 p.m.

  5. In Senate. To enrollment.

  6. Read third time. Passed. (Ayes 48. Noes 27. Page 6239.) To Senate.

  7. Read second time. To third reading.

  8. (Heard in committee on June 30).

  9. From committee: Do pass. (Ayes 12. Noes 5.)

  10. (Heard in committee on June 15.)

  11. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.

  12. To Com. on JUD.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 23. Noes 6. Page 3654.) To Assembly.

  15. Read second time. Amended. To third reading.

  16. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  17. Set for hearing May 10.

  18. Read second time. Amended. Re-referred to Com. on APPR.

  19. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3305.)

  20. Set for hearing April 20.

  21. Hearing postponed by committee.

  22. Set for hearing April 13.

  23. Re-referred to Com. on JUD.

  24. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  25. To Com. on RLS.

  26. From print. May be acted upon on or after March 23.

  27. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Oropeza · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Oropeza

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1269 Oropeza Senate Third Reading By COTO

Passed 56 Yea · 30 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 532804
Democratic 2001
Republican 1200
Total 563005
% of votes cast 62%33%0%5%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Evans — Yea
Chesbro — Yea
Coto — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Yamada — Yea
Audra — Nay
Conway — Nay
Garrick — Nay
Charles — Not Voting
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Miller — Nay
Nestande — Nay
Adams — Nay
Anderson — Nay
Norby — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Bass — Not Voting
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Nielsen — Nay
Silva — Nay
Solorio — Yea
Torlakson — Yea
Tran — Nay
Cook — Nay
Eng — Yea
Feuer — Yea
Davis — Not Voting
DeVore — Nay
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Democratic 1000
Total 14500
% of votes cast 74%26%0%0%
How each member voted (19)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
Conway — Nay
Hall — Yea
Harkey — Nay
Coto — Yea
Davis — Yea
Miller — Nay
Nielsen — Nay
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Norby — Nay
Skinner — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Senate 3rd Reading SB1269 Oropeza

Passed 24 Yea · 6 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 23508
Republican 0100
Democratic 1001
Total 24609
% of votes cast 62%15%0%23%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Hancock — Yea
Alquist — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cogdill — Not Voting
Runner — Nay
Dutton — Nay
Harman — Not Voting
Hollingsworth — Nay
Ashburn — Nay
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Not Voting
Huff — Yea
Kehoe — Yea
Leno — Yea
Pavley — Yea
Walters — Not Voting
Wright — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety taxation agriculture
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Frequently asked questions

What does SB 1269 do?
Existing law, with specified exceptions, exempts a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank from liability for any damage or injury resulting from the consumption of the donated food. Existing law also exempts from liability any person who donates any agricultural product, as provided. Existing federal law also contains specified exemptions from liability for the donation of apparently fit grocery products to a nonprofit organization. Existing federal law allows for a tax deduction for charitable contributions of food inventory. This bill would require the California Department of Food and Agriculture and the California Department of Public Health to make information available, as provided, about certain state and federal statutory exemptions from liability for the donation of food to a nonprofit corporation and tax deductions for charitable contributions of food inventory.
Who sponsors SB 1269?
SB 1269 is sponsored by Oropeza.
What is the current status of SB 1269?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1269?
Track SB 1269 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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