Court Rules on AB 99
Finding in favor of county commissions....
The Fresno Superior Court issued a ruling just before Thanksgiving in support of the county First 5 commissions that filed suit challenging AB 99. The court firmly rejected virtually every argument by the State in its defense of AB 99. To read the decision, click on the link below. This is the latest chapter in the difficult situation facing county commissions -- and the hundreds of programs they support -- that was left in the wake of the budget signed last spring by the Governor.
The budget signed by the Governor eliminated Prop 10 revenues from the state budget, but continued to require county commissions to comply with AB 99, the bill that mandates commissions to send $1 billion to the state by June 30, 2012.
The Governor signed AB 99 into law on March 24. One of nearly two dozen "cut" bills in the 2011-12 state budget, AB 99 sweeps $1 billion from First 5 commissions -- $950 million from county commissions and $50 million from the state commission. In a controversial move, the Legislature authorized the take-away with a 2/3 vote, rather than sending the issue to the ballot for the voters to decide. (A copy of AB 99 is attached below.)
In his May Revise statement, the Governor said he eliminated Prop 10 revenues from the budget because they were subject to litigation. A number of county commissions and boards of supervisors challenged AB 99 on the basis that it violates fundamental premises of Prop 10. Among the charges: the bill was enacted by a 2/3 vote of the Legislature rather than a ballot initiative; it uses Prop 10 funds to supplant state General Funds, which is explicitly prohibited by law; and it removes local control over local revenues.
When the Department of Finance recognized it did not need Prop 10 revenues for the May Revise budget, it could have recommended repealing AB 99. This would have avoided a costly legal battle and freed up the money to do what it is meant to do -- meet the needs of children and families in every county in the state.
WHAT YOU CAN DO
Contact your state Senator and Assembly Member right away. Urge them to ask the Governor NOT to appeal the Superior Court decision. There is no need to continue this legal battle and the expenditure of funds that rightly should be serving children, not paying for costly litigation.
The budget signed by the Governor eliminated Prop 10 revenues from the state budget, but continued to require county commissions to comply with AB 99, the bill that mandates commissions to send $1 billion to the state by June 30, 2012.
The Governor signed AB 99 into law on March 24. One of nearly two dozen "cut" bills in the 2011-12 state budget, AB 99 sweeps $1 billion from First 5 commissions -- $950 million from county commissions and $50 million from the state commission. In a controversial move, the Legislature authorized the take-away with a 2/3 vote, rather than sending the issue to the ballot for the voters to decide. (A copy of AB 99 is attached below.)
In his May Revise statement, the Governor said he eliminated Prop 10 revenues from the budget because they were subject to litigation. A number of county commissions and boards of supervisors challenged AB 99 on the basis that it violates fundamental premises of Prop 10. Among the charges: the bill was enacted by a 2/3 vote of the Legislature rather than a ballot initiative; it uses Prop 10 funds to supplant state General Funds, which is explicitly prohibited by law; and it removes local control over local revenues.
When the Department of Finance recognized it did not need Prop 10 revenues for the May Revise budget, it could have recommended repealing AB 99. This would have avoided a costly legal battle and freed up the money to do what it is meant to do -- meet the needs of children and families in every county in the state.
WHAT YOU CAN DO
Contact your state Senator and Assembly Member right away. Urge them to ask the Governor NOT to appeal the Superior Court decision. There is no need to continue this legal battle and the expenditure of funds that rightly should be serving children, not paying for costly litigation.
 | Superior Court Ruling in Favor of First 5 |
| Legal Challenges to AB 99 |
| Find Your Legislator |
| AB 99 as Signed into Law |
| First 5 Fiscal Facts |
