Proposition 65 Advisory

June 1, 2000

Proposition 65 Advisory 00-IV

Attorney General Proposes SB 1269 Regulations

The Attorney General of California has proposed regulations to implement Senate Bill 1269 ("SB 1269"), the 1999 amendment to Proposition 65, which requires "bounty-hunter" plaintiffs in Proposition 65 lawsuits to notify the Attorney General regarding the initiation of such suits, and of their resolution.

SB 1269, enacted by the California legislature on October 10, 1999, amended Proposition 65 to require a bounty-hunter (1) to notify the Attorney General that (s)he has filed an action under the law, (2) to submit a 'reporting form' to the Attorney General if the action is "subject to a settlement" or "subject to a judgment" that includes the results of the settlement or judgment and the final disposition of the case, "even if dismissed," (3) to file with the court, at the time any judgment is filed, an affidavit verifying that the report to the Attorney General has been completed accurately and submitted, and (4) to submit a report to the Attorney General regarding any corrective action taken as a result of the settlement or other resolution.

Before this amendment to Proposition 65 was enacted, the only information that a bounty-hunter plaintiff was required to provide to the Attorney General was a "Notice of Intent to Sue," at least sixty days prior to filing suit under the Act. This Notice was required before standing could be conferred on the private party to bring suit "in the public interest" under the Act, as a "private attorney general."

The Attorney General recently published draft regulations to implement SB 1269, as part of the State's notice-and-comment rulemaking procedures. The regulations will include two forms for private party plaintiffs to fill out and submit, and will include many questions regarding the disposition of the case, including the parties to any settlement, any injunctive relief or other corrective action required under the settlement or judgment, and any payments made (including payments for civil penalties, restitution and "offsets" for other remedial or charitable acts, and any attorneys' fees and costs).

A public hearing on the proposed regulation is scheduled for July 6, 2000, at 10:00 a.m. in Oakland, California. Any written statements or arguments must be received by the Office of the Attorney General (Attn: Edward Weil, Deputy Attorney General, Office of the Attorney General, 1515 Clay Street, 20th Floor, Oakland CA 94612) by 5:00 p.m. on July 6, 2000.

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