April 8, 1999

The Honorable Manny M. Aragon and

Members of the Senate

Executive-Legislative Building

Santa Fe, New Mexico 87503

Honorable President and Members of the Senate:

I have this day VETOED and am returning SENATE BILL 718, enacted by the Forty-Fourth Legislature, First Session, 1999.

This legislation repeals the Special Zoning District Act which was enacted in 1965 to promote the health, safety, morals and general welfare of persons residing in areas outside the boundary limits of incorporated municipalities. The special zoning districts which the Special Zoning District Act created, have the power to regulate and restrict buildings, density and adopt comprehensive zoning plans.

In 1985, the New Mexico Court of Appeals affirmed a district court decision holding the Special Zoning District Act unconstitutional. In 1993, the legislature amended part of the Act that may have a bearing on its constitutionality.

After passage of this bill in 1999, numerous citizens, who were unable to testify before committees, have petitioned the bills sponsor to request an executive message that would allow the Special Zoning District Act to continue so that it can be amended at a future legislative session to correct constitutional issues.

Sincerely,

Gary E. Johnson

Governor