Issue link: https://imageup.uberflip.com/i/200625
New Law Helps Prevent Drive-By Lawsuits A California Chamber of Commerce-supported job creator bill that aims to stop drive-by lawsuits has been signed by Governor Edmund G. Brown Jr. and took effect immediately. AB 227 (Gatto; D-Los Angeles) protects small businesses from shake-down lawsuits related to alleged missing or inadequate signage required by Proposition 65 by providing them with a 14-day window to cure a signage violation in certain situations, thereby avoiding a private lawsuit. The bill received overwhelming unanimous support from every committee to review it, as well as the Assembly and Senate. Proposition 65, approved by voters in 1986, enacted "The Safe Drinking Water and Toxic Enforcement Act of 1986," which is designed to protect California's drinking water from chemicals known to cause cancer or birth defects, and to warn members of the public about the presence of those chemicals in their environment to help them avoid exposure. Since its enactment in 1989, Proposition 65 has helped protect the public by encouraging businesses to renovate their facilities, reformulate their products, and update their manufacturing processes to eliminate the use of listed chemicals. Proposition 65 requires, among other things, that private businesses with more than 10 employees post warnings when they knowingly expose workers or the public to listed chemicals. These warnings can take the form of placards in business establishments where listed chemicals exist or are released into the environment, or as part of the labeling of a consumer product that contains a listed chemical. There are currently 774 chemicals on the list. The benefits of Proposition 65 have not come without a cost to the economy, however AB 227 addresses one very avoidable cost that results from the practice of a handful of law firms targeting businesses with drive-by lawsuits alleging they do not have adequate signage as required by Proposition 65. These lawsuits can easily cost thousands of dollars to litigate, causing many small businesses to settle out of court regardless of whether they actually needed to have signage posted at their business establishments, or if they posted a sign in the wrong size or with incorrect wording on accident. Many business owners rightly determine that signage is not required given the exposure levels of a particular chemical at their business establishment, or that no listed chemicals are present at all, but this does not prevent a law firm from making an allegation in a demand letter in order to pressure businesses into handing over a small settlement. Hundreds of businesses are targeted in these lawsuits each year, costing the state millions of dollars in lost productivity and jobs. AB 227 will help eliminate the inappropriate use of litigation while ensuring that the public receives Proposition 65 warnings when appropriate. Elementary students, parents and teachers to share in histories and cultures of area tribes at Crafton Hills College From basketry to music, Native American cultures will be in the spotlight during the annual California's First Cultures: A Celebration at Crafton Hills (Waa't*) on Thursday and Friday, Nov. 14 and 15, in Room 9 at 11:30 am. The event is held in recognition of National Native American Heritage Month, which President Obama annually proclaims each November, and is in observance of Native American Heritage Day on Nov. 29. As part of the proclamation, Americans are called upon to commemorate this month with appropriate programs and activities. The celebration, which strives to fulfill this mandate, brings together Redlands and Yucaipa elementary school students and Native American instructors with the San Manuel Education Department to teach the Indian culture of Southern California. Students will take part in hands-on lessons covering aspects of Native American culture including basketry, pottery, music and lessons in the Serrano Indian language and history of the San Manuel Band of Mission Indians. In the Serrano Indian language "Waa't" or Juniper is associated with the Crafton Hills area of Yucaipa. The San Manuel Band of Serrano Mission Indians is a federally recognized American Indian tribe located near the city of Highland. The Serrano Indians are the indigenous people of the San Bernardino highlands, passes, valleys and mountains who share a common language and culture. The San Manuel reservation was established in 1891 and recognized as a sovereign nation with the right of selfgovernment. Since time immemorial, the San Manuel tribal community has endured change and hardship. Amidst these challenges the tribe continued to maintain its unique form of governance. Like other governments it seeks to provide a better quality of life for its citizens by building infrastructure, maintaining civil services and promoting social, economic and cultural development. Today San Manuel tribal government oversees many governmental units including the departments of fire, public safety, education and environment. CHAMBER OF COMMERCE | OUR YUCAIPA | NOVEMBER 2013 7