FOR
IMMEDIATE RELEASE Contact: Justin Hager: (818) 558-3043
February 5,
2013 Cell:
(415) 889-9762
Assemblyman Gatto’s Business
Advisory Commission
Generates Legislation to
Help Small Businesses Avoid Shakedown Lawsuits
SACRAMENTO
– On Saturday, February 2, members of Assemblyman Mike Gatto's (D-Los
Angeles) Small Business Advisory Commission voted to ask him to introduce legislation
to address a new breed of shakedown lawsuits plaguing small businesses in
Southern California. On Monday, February 4, Assemblyman Gatto did what
the Commission asked, introducing legislation that allows a business owner who
receives notice of a Proposition 65 violation to remedy a violation, and
achieve compliance within 14 days, without facing exorbitant retrospective
fines.
Prop.
65, the Safe Drinking Water and Toxic Enforcement Act, was passed by voters in
1986 and provides that a business in California may not expose individuals to
chemicals known to cause cancer and/or reproductive toxicity without first
giving clear and reasonable warning. The State of California publishes a
list of more than 800 chemicals known to cause cancer, reproductive harm, or
birth defects. Originally intended for serious exposures or failures to
warn, Prop. 65 lawsuits have recently been abused by unethical attorneys.
A coffee shop owner in Gatto's district was sued for hundreds of
thousands of dollars for failing to notify his customers that beer could
cause cancer.
Such
suits exist because the law allows for fines of $2,500 per day,
enforced by any plaintiff. Most people suing businesses expect that a
small business, wary of litigation costs, will opt for a quick settlement to
make the lawsuit go away.
As
introduced, AB 227 would further the original intent of Prop. 65, which was
obtaining compliance with warnings for chemicals present on a site. It
would therefore allow a business that receives a notice of a private
action to correct the violation, i.e., post the Prop. 65
warning, within fourteen days without being subject to the
retroactive $2,500 per day fine.
“The
voters passed Prop. 65 to be protected from chemicals that would hurt them.
They did not intend to create a situation where shakedowns of
California’s small-business owners would cause them to want to close their
doors,” said Gatto.
Assemblyman
Gatto formed the Small Business Advisory Commission this year to advise him on
challenges facing local small-business owners. The eight member
commission discussed a variety of concerns impacting small businesses and voted
unanimously for Gatto to introduce the bill to reform Prop. 65 so that the
law’s intent is not undermined.
“I
had the opportunity to listen to concerns of local business owners on the Small
Business Advisory Commission. The severe negative impact of shakedown
lawsuits under Prop. 65 was immediately apparent,” said Gatto. “Most
business owners work hard to protect customers so that the customers
return. This is especially true with small-business owners whose
customers are neighbors, friends, and relatives. This common-sense bill
will help small businesses avoid costly litigation while ensuring that the
public has the proper warnings about potentially dangerous chemicals.”
Mike Gatto is the
Chairman of the Appropriations Committee of the California State
Assembly. He represents the cities of Burbank, Glendale, La
Canada-Flintridge, La Crescenta, Montrose, the Los Angeles neighborhoods of Los
Feliz, Silver Lake, Atwater Village, and portions of the Hollywood Hills and
East Hollywood. www.asm.ca.gov/gatto
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