Sinclair Paint Co. v. State Board of Equalization
California Supreme Court
937 P.2d 1350 (1997)
California’s Childhood Lead Poisoning Prevention Act of 1991 (the act) provided for certain services for children with lead poisoning. To pay for these programs, the act assessed fees on any businesses that manufactured products that contained lead or otherwise caused lead contamination. Pursuant to the act, the state adopted regulations establishing fee amounts based on a business’s level of environmental lead contamination. Sinclair Paint Company (Sinclair) (plaintiff) sued the State of California (defendant), asserting that the fees were actually taxes that required approval of a two-thirds majority of the state legislature. The trial court granted Sinclair summary judgment. The court of appeal affirmed. The state appealed.
Rule of Law
Holding and Reasoning (Chin, J.)
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