Although Gov. Jerry Brown still has plans to take First 5 funding, his recently revised 2011-12 budget plan excludes the redirection of $1 billion in First 5 monies that Brown approved in March. The planned redirection is now the subject of at least half-a-dozen lawsuits, including one filed by First 5 LA [0].

The only mention of the Proposition 10 fund redirection in the May Revise [0] is to call it a "loss" due to the "legal challenges brought against the state's use of Proposition 10 funding." The proposed budget adds: "Although the state will continue to defend the legal challenges, the Administration is electing to take a conservative budget approach and restore the General Fund costs." 

First 5 LA claims that AB 99, which the Legislature passed and Brown signed, is illegal because it avoided ballot approval and redirects money in a way that is not consistent with Proposition 10's voter-mandated purpose of using tobacco tax revenue to support early childhood programs.

"First 5 LA is grateful that the Governor has taken a more realistic view of the redirection of Proposition 10 revenues," said First 5 LA Chief Executive Officer Evelyn V. Martinez.

"I encourage the Administration to reevaluate the approach behind AB 99 now and spare the state and the county Proposition 10 commissions costly litigation at a time when county commission funds could be better spent on the children they serve," Martinez said. "We are very sensitive to the impact of the economic downturn and state budget reductions on California's most vulnerable children and have been willing to work as a partner on ways to address these needs in a manner consistent with Proposition 10."

There are currently no court hearings scheduled in First 5 LA's Los Angeles Superior Court lawsuit, which was filed May 12. It is possible that it will be combined with lawsuits from other county commissions.

‹‹ Back to this week's Monday Morning Report. [1]