March 11, 1998
HOUSE EXECUTIVE MESSAGE NO. 129
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 APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR HOUSE BILLS 2, 3, 4, 6, 7, 8 and 13, as amended, passed by the Forty-Third Legislature, State of New Mexico, Second Session, 1998, but have VETOED the following item or items, part or parts:
all of lines 8 through 11. This language is vetoed because it appears to direct each
judicial and executive agency to maintain a specific number of employees.
Employment decisions are clearly within the realm of the individuals charged with the management of state agencies and an artifice of budget making, not a function of legislative appropriations. It is my objective to manage state employment via the position control functions of the Department of Finance and Administration.
2. The following appropriations have been vetoed:
On page 3, I have vetoed all of lines 17 through 24. This provision mandates the preparation of revenue estimates which, at times, may be inappropriate and unnecessary.
On page 4, I have vetoed all of lines 12 through 14. I have vetoed this provision in order to allow for the possible establishment of a "procurement card" pilot project.
On page 5, I have vetoed all of line 14 and all of lines 19 through 25; and on page 6, I have vetoed all of line 1.
On page 6, I have vetoed all of lines 2 through 8, lines 15 through 16, and lines 18 through 25 and on page 7, I have vetoed all of line 1.
On page 7, I have vetoed all of lines 2 through 7, line 13, and lines 15 through 23.
On page 8, line 5 after the word "include", I have vetoed the remainder of the line and on line 6, I have vetoed through the word "and" and all of lines 10 through 25.
On page 9, I have vetoed all of lines 1 through 3 and all of lines 16 through 18.
On page 26, I have vetoed all of lines 11 through 16.
On page 32, I have vetoed all of line 14.
On page 35, I have vetoed all of line 19.
On page 36, I have vetoed all of line 25; and on page 37, I have vetoed all of lines 1 through 2.
On page 55, I have vetoed all of lines 12 through 15.
On page 58, I have vetoed all of lines 13 through 17.
On page 64, I have vetoed all of lines 6 through 12.
On page 65, I have vetoed all of lines 1 through 3.
On page 69, under the General Fund column, I have vetoed the amounts in lines 16 through 25.
On page 70, I have vetoed all of lines 3 through 5.
On page 73, I have vetoed all of lines 10 through 12.
On page 76, I have vetoed all of lines 1 through 7.
On page 77, I have vetoed all of lines 6 through 10.
On page 83, I have vetoed all of lines 4 through 8.
On page 84, line 15, after the word "includes" I have vetoed the remainder of the line, all of lines 16 through 19, and line 20 through the semi-colon; and on line 25, after the word "center", I have vetoed the remainder of the line. On page 85, I have vetoed all of lines 1 through 5.
On page 85, I have vetoed all of lines 12 through 16.
On page 88, I have vetoed all of lines 18 through 20.
On page 94, I have vetoed all of lines 17 through 19.
On page 98, line 23 after the colon, I have vetoed the remainder of the line, all of line 24, and line 25 through the semi-colon. On page 99, line 4 after the semi-colon, I have vetoed the remainder of the line, all of lines 5 through 8, and line 9 through the semi-colon.
On page 99, line 10, after the semi-colon, I have vetoed the remainder of the line, all of line 11, and line 12 through the word "pregnancy". On page 99, I have vetoed all of lines 13 through 16.
On page 102, I have vetoed all of lines 5 through 8.
On page 102, I have vetoed all of lines 24 through 25; and on page 103, I have vetoed all of lines 1 through 2.
On page 103, I have vetoed all of lines 16 through 20.
On page 111, under the General Fund column, I have vetoed the amount in line 2.
On page 111, I have vetoed all of lines 8 through 11.
On page 112, I have vetoed all of lines 6 through 8
On page 114, I have vetoed all of lines 21 through 23.
On page 119, I have vetoed all of lines 18 through 20.
On page 135, I have vetoed all of lines 14 through 25; and on page 136, I have vetoed all of line 1.
On page 137, under the General Fund column, I have vetoed the amount in line 5.
On page 137, under the General Fund column, I have vetoed the amount in line 17.
On page 138, I have vetoed all of lines 5 through 6.
On page 141, I have vetoed all of lines 2 through 3 and all of line 7.
On page 142, I have vetoed all of line 22.
On page 142, I have vetoed all of line 25; and page 143, I have vetoed all of lines 1 through 4.
On page 144, I have vetoed all of lines 1 through 4.
On page 145, I have vetoed all of lines 15 through 18.
On page 150, I have vetoed all of lines 5 through 9.
On page 151, I have vetoed all of lines 11 through 25.
On page 152, I have vetoed all of lines 1 through 19.
On page 152, I have vetoed all of lines 24 through 25; and on page 153, I have vetoed all of lines 1 through 13.
On page 154, I have vetoed all of lines 20 through 25; and on page 155, I have vetoed all of lines 1 through 2.
On page 155, I have vetoed all of lines 15 through 18, and lines 21 through 23.
On page 156, I have vetoed all of lines 6 through 15, and all of lines 18 through 19.
On page 157, I have vetoed all of lines 1 through 7, all of lines 18 through 19, and all of lines 22 through 24.
On page 158, I have vetoed all of lines 6 through 25; and on page 159, I have vetoed all of lines 1 through 3.
On page 159, I have vetoed all of lines 20 through 24.
On page 160, I have vetoed all of lines 4 through 7 and all of lines 16 through 25;
and on page 161, I have vetoed all of lines 1 through 22.
On page 162, I have vetoed all of lines 3 through 10 and all of lines 19 through 25.
On page 163, I have vetoed all of lines 1 through 5, all of lines 9 through 14 and all of lines 18 through 25; and on page 164, I have vetoed all of lines 1 through 3 and all of lines 7 through 22.
On page 165, I have vetoed all of lines 2 through 25; and I have vetoed page 166 and page 167 in their entirety.
On page 168, I have vetoed all of lines 1 through 3.
On page 174, I have vetoed all of lines 19 through 23.
My primary reason for vetoing these appropriations is that General Fund spending authorized by this bill and companion legislation is excessive. I will not approve a budget which does not restore the General Fund Operating Reserve to a minimum level of $150 million. The bond rating agencies insist on adequate reserves as a condition of maintaining the state’s excellent bond rating. History has demonstrated that adequate reserves are also fundamental to managing the state’s finances.
Recurring spending for fiscal year 1999 is also excessive in comparison to projected recurring revenue as adjusted for enacted legislation. The comparison of recurring spending and appropriations is a long standing principle which has been honored by both the executive and legislative branches. It is based on a consensus revenue estimating process in which the legislature participates as a full partner.
Undoubtedly, these appropriations have been offered with the best of intentions. It is unfortunate that funding for deserving programs must be limited, however state government must live within its means. We have done much for education and other areas of the budget, however we are unable meet every need.
3. On page 89, I have vetoed all of lines 1 through 4.
The foregoing appropriations have been removed because the authorized spending cannot be accommodated by the current finances of the state of New Mexico. The total appropriations exceed the amount of current program requirements. The Executive will recommend reinstatement of five million dollars ($5,000,000) in the expected special session.
4. The following appropriations have been vetoed:
On page 87, I have vetoed all of line 6 and all of lines 11 through 15.
On page 99, on line 18 after "1998", I have vetoed the remainder of the line, all of lines 19 through 20 and line 21 through the word "law".
On page 103, I have vetoed all of lines 21 through 25.
On page 110, under the Other State Funds column, I have vetoed the amounts in lines 22 through 25; and on page 111, under the Other State Funds column, I have vetoed the amounts in lines 1 through 2.
On page 111, I have vetoed all of lines 12 through 16.
On page 114, I have vetoed all of lines 24 through 25; and on page 115, I have vetoed all of lines 1 through 3.
On page 148, I have vetoed all of lines 17 through 20.
These appropriations can only be accommodated through the imposition of higher cigarette taxes which I will not support.
5. The following appropriations have been vetoed:
On page 123, I have vetoed all of lines 6 through 8.
On page 150, I have vetoed all of lines 18 through 21.
On page 150, I have vetoed all of line 25; and on page 151, I have vetoed all of lines 1 through 3.
On page 153, I have vetoed all of lines 14 through 25; and on page 154, I have vetoed all of line 1.
On page 158, I have vetoed all of lines 2 through 5.
On page 164, I have vetoed all of lines 23 through 25; and on page 165, I have vetoed all of line 1.
These appropriations were contingent upon specific legislation becoming law during the legislative session. The specified legislation did not pass.
6. On page 87, I have vetoed all of lines 19 through 20, because the restrictive language places an unnecessary limitation on the Human Services Department’s ability to effectively manage the Medicaid program.
7. On page 92, I have vetoed all of lines 21 through 22. This language unnecessarily limits the ability of the Worker’s Compensation Administration to effectively manage its budget.
8. On page 154, line 11, after the period, I have vetoed the remainder of line 11, and all of lines 12 through 14. This language inappropriately delegates constitutional executive power to two interim legislative committees.
9. On page 154, line 18, I have vetoed the words "and approval". This language inappropriately delegates constitutional executive power to an interim legislative committee.
10. On page 158, line 1, I have vetoed the word "modeling" to clarify the purpose of this appropriation.
11. On page 172, I have vetoed all of lines 1 through 14. These appropriations of the Temporary Assistance for Needy Families Block Grant funding for child care duplicate appropriations made in section 4 of this bill.
12. On page 174, I have vetoed all of line 2, and on line 3, I have vetoed through the semi-colon. This language establishes a condition for the distribution of an appropriation which, based on the rules, regulations, and procedures of the federal department of health and human services, cannot be met.
13. On page 174, line 4, after the word "administration", I have removed the comma; and on page 174, I have vetoed line 5 through the second occurrence of the word "committee". This language attempts to create substantive legal authority that is not consistent with the existing substantive authority of interim legislative committees, in violation of article 4, section 16 of the New Mexico Constitution.
14. On page 174, line 11 after the word "Act", I have vetoed the remainder of the line, all of lines 12 through 16, and line 17 through the word "increase". I have vetoed this language because classified employee compensation increases are negotiated in accordance with the Public Employees Collective Bargaining Act.
15. On page 175, line 1 after the word "increase", I have vetoed the remainder of the line, all of lines 2 through 6, and line 7 through the word "increase". And on page 175, line 10 after the word "increase", I have vetoed the remainder of the line, all of lines 11 through 14, and line 15 through the word "increase".
I have vetoed this language because it unnecessarily restricts the Judiciary and District Attorneys' ability to provide compensation increases in accordance with their personnel systems.
The foregoing vetoes have been made to balance the state budget in terms of recurring spending and revenue and to provide for minimal General Fund reserves. Other vetoes have been taken to ensure that the budget which is finally enacted is workable and that state agencies can be well managed and be able to meet their statutory responsibilities.
Although I have signed this budget, I regret to report that our work is not yet completed. I will call a special legislative session in the near future to consider a limited number of fiscal items. The appropriation vetoes which I specified in this and other legislation have been made in anticipation of a special session.
Respectfully submitted,
Gary E. Johnson
Governor of New Mexico
RECEIVED FROM THE OFFICE OF THE GOVERNOR:
Time: ________________________ am/pm
Date: _________________________, 1998 By: ________________________________
Chief Clerk of the House
Time: ________________________ am/pm
Date: _________________________, 1998 By: ________________________________
Secretary of State