Vote 'Yes' on Proposition 37

Prop. 37 seeks to reestablish thedistinction between a fee and a tax, Weisser asserts, and it would closea loophole created by the court decision Sinclair Paint v. Board ofEqualization, which broadened the definition of a regulatory fee toinclude the generation of revenue for purposes other than regulatoryactivity. This means that a government agency could impose a tax withoutthe necessary two-thirds approval adopted when California voters passedProp. 13, Weisser states, and Prop. 37 would correct this. Moreimportantly, Weisser stresses, Prop. 37 does not apply to regulatoryfees that regulate or punish polluters, nor does it affect developmentfees, but rather seeks to re-institute a balance between the environmentand the economy.