April 8, 1999

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 VETOED and am returning HOUSE BILL 318, as amended,

enacted by the Forty-Fourth Legislature, First Session, 1999.

This legislation creates unfunded salary increase for District Attorneys which may violate the recent New Mexico Supreme Court holding in State ex rel. Haragan v. Harris, No. 24,365 (1998) which prohibits raising salaries for county officers during their terms. Since the provisions in the New Mexico Constitution regarding salary increases for District Attorneys, Judges, and County Officials are substantially similar this bill raises the question of whether mid-term increases for these public officers are legal. Additionally, the amount of the increase far exceeds any compensation increases presently contemplated for anyone in the employ of the state.

Sincerely,

Gary E. Johnson

Governor