January 27, 2000

HOUSE EXECUTIVE MESSAGE NO. 41

The Honorable Raymond G. Sanchez and

Members of the House of Representatives

Executive-Legislative Building

Santa Fe, New Mexico 87503

Honorable Speaker and Members of the House:

I have this day SIGNED HOUSE BILL 1 as amended, with emergency clause, enacted by the Forty-Fourth Legislature, State of New Mexico, First Session, 2000, but have VETOED the following item or items, part or parts:

On page 2, I have vetoed all of lines 10 through 17.

The effect of this veto is to remove two appropriations totaling six hundred thirteen thousand nine hundred twelve dollars ($613,912). These appropriations are defined in such a nebulous manner as to make their purpose meaningless.

On page 6, I have vetoed all of lines 21 and 22 and on page 7 I have vetoed all of line 6.

The effect of this veto is to remove the personal services and employee benefits appropriations from the fiscal year 2001 operational appropriation to the Legislative Finance Committee. These appropriations contain funds to increase the permanent staff of the Legislative Finance Committee ostensibly for the purpose of implementing the performance based budgeting component of the Government Accountability Act. The fundamental premise of the Government Accountability Act is to create a more efficient government. This increase in full-time employees would seem counter intuitive especially considering the fact that the responsibility for implementation of the act rests with the Executive Department, specifically the Department of Finance and Administration, which will address these functions without increased staff. I have removed these appropriations in the expectation that they will be re-enacted in the General Appropriation Act of 2000 without enhancing the committee's permanent staff.

On page 9, I have vetoed all of lines 24 and 25 and on page 10, I have vetoed all of lines 1 and 2.

The effect of this veto is to remove a provision that grants legislative agencies total budget adjustment flexibility. As I indicated in last year's message pertaining to House Bill 1, I cannot rationalize extraordinary budgetary privilege solely for legislative agencies. Legislative agencies should be able to function under the same budgetary discipline as their sister agencies. I will consider budget adjustment provisions for legislative agencies in the appropriate section of the General Appropriation Act of 2000. It is my expectation that the budget adjustment provisions for legislative agencies will be the same as to those enacted for executive and judicial agencies.

Sincerely,

Gary E. Johnson

Governor