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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-83-00 <br />A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF COLTON TO ADOPT A <br />POSITION OF OPPOSITION FOR <br />PROPOSITION NO. 37 <br />WHEREAS, Proposition 37, the "Two -Thirds Vote Preservation Act of 2000", which <br />has been placed on the November 2000 ballot as an initiative, seeks to overturn the California <br />Supreme Court's "Sinclair Paint Case" Decision; and <br />WHEREAS, in the Sinclair decision, the California Supreme Court unanimously <br />declared that a fee on manufacturers of lead based paint contributing to environmental lead <br />contamination and used to pay for a state -program that evaluates, screens and provides <br />medically necessary follow-up services for children deemed potential victims of lead <br />poisoning, is a valid regulatory fee and not a tax; and <br />WHEREAS, many state and local government fees imposed on businesses have been <br />found to be proper and legitimate means with which to ensure that persons responsible pay <br />their fair share of the cost of mitigating the impacts of their businesses; and <br />WHEREAS, Proposition 37 would transform these proper state and local fees into <br />taxes and, thus, subject future enactment to a two-thirds vote of the Legislature or local <br />government electorate, as appropriate, thus making it more difficult to protect communities by <br />raising revenue to mitigate the societal and economic impacts of these businesses; and <br />WHEREAS, future enactment of the following types of fees now imposed by the state <br />or local government, if not a part of an overall regulatory program, would become taxes under <br />I Proposition 37; <br />1 <br />