Bill Text: CA SB1269 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Food donation liability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB1269 Detail]

Download: California-2009-SB1269-Amended.html

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BILL NUMBER: SB 1269	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Oropeza

                        FEBRUARY 19, 2010

    An act relating to liability.   An act to
add Section 12177.5 to the Government Code, relating to liability.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 1269, as amended, Oropeza.  Social host liability:
furnishing alcohol to underage persons.   Food donation
liability: Secretary of State.  
   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.  
   Under existing law every corporation and limited liability company
must annually file with the Secretary of State a form containing a
statement of information, as provided, and the Secretary of State
must mail a notice for compliance with these provisions approximately
3 months prior to the close of the applicable filing period. 

   This bill would require the Secretary of State to include a copy
of certain state and federal statutory exemptions from liability for
the donation of food to a nonprofit corporation when he or she mails
the notice for compliance.  
   Existing law provides that everyone is responsible for the result
of willful acts and for injury to another occasioned by his or her
want of ordinary care or skill in the management of his or her person
or property, as specified. Under existing law, a social host who
furnishes alcoholic beverages to any person may not be held legally
accountable for damages suffered by that person, or for injury to the
person or property of, or death of, any 3rd person, resulting from
the consumption of those beverages.  
   This bill would state the intent of the Legislature to enact
legislation to eliminate any exception from civil liability for
damages or injury caused when an adult provides alcohol to a minor.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12177.5 is added to the 
 Government Code  , to read:  
   12177.5.  A copy of Section 1714.25 of the Civil Code, Chapter 5
(commencing with Section 58501) of Part 1 of Division 21 of the Food
and Agricultural Code, Sections 114433 and 114434 of the Health and
Safety Code, and the Bill Emerson Good Samaritan Food Donation Act
(Section 1791 of Title 42 of the United States Code) shall be
included by the Secretary of State with the statement of information
reminder notice mailed in accordance with Sections 1502, 2117, 6210,
8210, 9660, 12570, and 17060 of the Corporations Code and Section
14101.6 of the Financial Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to eliminate any exception from civil liability
for damages or injury caused when an adult provides alcohol to a
minor.