At a time of continuing budget shortfalls, a $50 million pot of money is tempting to lawmakers trying to balance the books. In this case, the pot of money is the Fund for a Healthy Maine, an entity set up in 1999 to manage Maine’s share of the $206 billion due to states from tobacco companies as part of a settlement agreement. The money is meant to be directed toward tobacco prevention, substance abuse prevention and treatment, affordable child care and other health-related endeavors. Despite budget pressures, that is where it should remain.

So far, Maine has done far better than most other states in using the money for the purposes laid out in the settlement. However, even in Maine 40 percent of the tobacco money – nearly $87 million – has been diverted to the General Fund to plug budget holes. Despite this, Maine receives accolades nationally for its use of the tobacco funds.

Knowing that lawmakers would be tempted to dip into the fund again, advocates proposed a constitutional amendment to protect the money. Opponents, then and now, say protecting the fund does not rise to the level of constitutional protection. This may be the case on the federal level, but in Maine the constitution has been amended 16 times just since 1985 and another six proposed constitutional amendments were rejected by voters. It is debatable whether extending the tenure of sheriffs from two to four years or reducing property taxes on properties maintained for historic preservation or for scenic views are worthy of constitutional amendments, yet both were approved by voters.

The Fund for a Healthy Maine supports several worthwhile programs, programs that will cease to exist if its funding is diverted elsewhere. One of them is prenatal care and home visitations to support parents of young children. The Centers for Disease Control and Prevention reported last year that home visits are very effective in preventing child abuse and neglect. In other words, investing dedicated dollars now will save the state money in the end. The same is true with the dental care for the poor, prescription drug coverage for the disabled and elderly and health care for children that is funded by the tobacco money.

A constitutional amendment to protect these funds has the backing of Gov. John Baldacci, which is significant because he ultimately is the one who must balance the budget. If he is willing to put the money off limits for filling budget gaps, others should be as well.

The measure, LD 1612, seemed poised for passage last year but got hung up at the last minute. House Republicans now oppose the measure saying that amending the constitution is not the right way to protect specific funds. However, they are willing to negotiate on this point, said Minority Leader Joe Bruno. They will support an amendment to protect the Fund for a Healthy Maine if Demo-crats support an amendment requiring a cap on state spending. The Republicans, according to Rep. Bruno, are willing to negotiate. However, it is hard to see how there can be talks when one group has already dictated what the outcome of any negotiations must be. A spending cap should be debated on its own merits, as should protecting the tobacco settlement money.

Lawmaker support for an amendment to protect the money does not make it so. The measure would still be put out to voters in the November election.

Maine has not been perfect, but has done far better than most states in adhering to the spirit of the tobacco settlement. Passing this amendment will take away the temptation to waver.