California 2021-2022 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

AB 286 — Food delivery: purchase prices and tips.

Last action — Chaptered by Secretary of State - Chapter 513, Statutes of 2021.

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

This bill has been enacted into law. Introduced January 21, 2021. Enacted.

Prognosis

Likely to advance 90% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Fair Food Delivery Act of 2020, defines a "food delivery platform" as an online business that acts as an intermediary between consumers and multiple food facilities, as defined, to submit food orders and arrange for the delivery of the order, and prohibits a food delivery platform from arranging for the delivery of an order from a food facility without first obtaining an agreement with the food facility. This bill would make it unlawful for a food delivery platform to charge a customer any purchase price, as defined, for food or beverage that is higher than the price posted on the food delivery platform's internet website by the food facility at the time of the order. The bill would make it unlawful for a food delivery platform to retain any portion of amounts designated as a tip or gratuity. The bill would require a food delivery platform to pay any tip or gratuity for a delivery order, in its entirety, to the person delivering the food or beverage, and to pay any tip or gratuity for a pickup order, in its entirety, to the food facility. The bill would require a food delivery platform to disclose to the customer and the food facility a cost breakdown of each transaction, including, with certain exceptions, prescribed information. The bill would make the provisions of the act severable.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 513, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 11. Page 2618.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 8. Page 2092.).

  7. Read second time. Ordered to third reading.

  8. Ordered to second reading.

  9. Withdrawn from committee.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 14).

  12. From committee: Do pass and re-refer to Com. on B., P. & E.D. (Ayes 9. Noes 2.) (June 22). Re-referred to Com. on B., P. & E.D.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  14. Referred to Coms. on JUD., B., P. & E.D. and APPR.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 8. Page 1399.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 9. Noes 1.) (April 22).

  20. Re-referred to Com. on P. & C.P.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  22. Referred to Com. on P. & C.P.

  23. From printer. May be heard in committee February 21.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 286 Lorena Gonzalez Concurrence in Senate Amendments

Passed 58 Yea · 11 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 34604
Democratic 24002
Republican 0504
Total 5811010
% of votes cast 73%14%0%13%
How each member voted (79)
Member Party Vote
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Waldron — Nay
Kiley — Nay
Bigelow — Nay
Gray — Not Voting
Mayes — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading AB286 Lorena Gonzalez et a By Roth

Passed 27 Yea · 8 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 14504
Republican 0301
Total 27805
% of votes cast 68%20%0%13%
How each member voted (40)
Member Party Vote
Portantino — Yea
Pan — Yea
Glazer — Yea
Kamlager — Yea
Newman — Yea
Wieckowski — Yea
Roth — Yea
Dodd — Yea
Rubio — Yea
Atkins — Yea
Hueso — Yea
Hertzberg — Yea
Min — Yea
Bradford — Yea
Wilk — Nay
Melendez — Nay
Nielsen — Nay
Borgeas — Nay
Bates — Nay
Eggman — Not Voting
Leyva — Not Voting
Gonzalez — Not Voting
Skinner — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Democratic 3000
Republican 0101
Total 9203
% of votes cast 64%14%0%21%
How each member voted (14)
Member Party Vote
Min — Yea
Dodd — Yea
Pan — Yea
Roth — Yea
Newman — Yea
Leyva — Yea
Melendez — Nay
Bates — Not Voting
Eggman — Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Business, Professions and Economic Development]

Passed 9 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3100
Democratic 6000
Republican 0100
Total 9200
% of votes cast 82%18%0%0%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Wieckowski — Yea
Hertzberg — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

AB 286 Lorena Gonzalez Assembly Third Reading

Passed 56 Yea · 8 Nay · 14 Other
Party YeaNayPresentNot Voting
Democratic 22005
Unaffiliated 34403
Republican 0406
Total 568014
% of votes cast 72%10%0%18%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Kiley — Nay
Bigelow — Nay
Gray — Not Voting
Waldron — Not Voting
Ting — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Do pass as amended.

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 2100
Republican 0001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Chau — Yea
Cunningham — Yea
Kiley — Nay
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Carrillo, Juan Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Lee, Alex Democratic Yea
Wicks, Buffy Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

public-safety labor technology
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Frequently asked questions

What does AB 286 do?
Existing law, the Fair Food Delivery Act of 2020, defines a "food delivery platform" as an online business that acts as an intermediary between consumers and multiple food facilities, as defined, to submit food orders and arrange for the delivery of the order, and prohibits a food delivery platform from arranging for the delivery of an order from a food facility without first obtaining an agreement with the food facility. This bill would make it unlawful for a food delivery platform to charge a customer any purchase price, as defined, for food or beverage that is higher than the price posted on the food delivery platform's internet website by the food facility at the time of the order. The bill would make it unlawful for a food delivery platform to retain any portion of amounts designated as a tip or gratuity. The bill would require a food delivery platform to pay any tip or gratuity for a delivery order, in its entirety, to the person delivering the food or beverage, and to pay any tip or gratuity for a pickup order, in its entirety, to the food facility. The bill would require a food delivery platform to disclose to the customer and the food facility a cost breakdown of each transaction, including, with certain exceptions, prescribed information. The bill would make the provisions of the act severable.
Who sponsors AB 286?
AB 286 is sponsored by Lee, Alex (Democratic) and Gonzalez, Jeff (Republican).
What is the current status of AB 286?
This bill has been enacted into law. Introduced January 21, 2021. Enacted.
Where can I track AB 286?
Track AB 286 free on One Click Politics — get push/email alerts when it moves.

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