AMERICAN LUNG ASSN. v. WILSON

Docket Nos. C020782, C020783.

51 Cal.App.4th 743 (1996)

AMERICAN LUNG ASSOCIATION et al., Plaintiffs and Respondents, v. PETE WILSON, as Governor, etc., et al., Defendants and Appellants. AMERICANS FOR NONSMOKERS' RIGHTS et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Appellants.

Court of Appeals of California, Third District.

December 13, 1996.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Floyd D. Shimomura, Assistant Attorney General, Linda A. Cabatic, Keith Yamanaka, Kathleen Connell, Matt Fong, Dennis P. Eckhart and Thomas R. Yanger, Deputy Attorneys General, for Defendants and Appellants.

Olson, Hagel, Fong, Leidigh, Waters & Fishburn, George Waters and Diane Perlite for Plaintiffs and Respondents.

Catherine I. Hanson, Astrid G. Merghrigian, Christine R. Hall and Lilly Spitz as Amici Curiae.


OPINION

DAVIS, J.

In these two consolidated appeals, we conclude that a portion of Assembly Bill No. 816 (1993-1994 Reg. Sess.) (Stats. 1994, ch. 195) is a legally invalid legislative enactment. The portion of Assembly Bill No. 816 at issue is an appropriations measure that the defendants (collectively, the State) maintain substantively amends Proposition 99 (the 1988 tobacco tax initiative measure). As we explain, this portion of...

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