Governor asks Supreme Court to affirm his veto powers

Tuesday, Dec. 28, 2004 | 11:12 a.m.

SANTA FE -- Gov. Bill Richardson is asking the state's highest court to uphold his veto of a legislative provision that would have blocked use of state pari-mutuel tax revenue for a new or remodeled casino at the state fairgrounds.

Lawyers for Richardson and the State Fair defended the governor's line-item vetoes in written arguments submitted to the state Supreme Court last week in a pending legal challenge.

The court had directed the governor to respond to a lawsuit brought in November by Sen. Shannon Robinson, D-Albuquerque.

At issue in the lawsuit is the scope of the governor's veto powers and a policy question of whether state money should be used to finance racetrack casino improvements.

The senator contends that Richardson illegally vetoed restrictions approved by the Legislature this year in a measure that earmarked half of yearly pari-mutuel tax collections -- about $1.3 million -- for capital improvements at the state fairgrounds.

One of the vetoed restrictions would have prohibited use of the tax money for improvements to the racetrack casino operated by the Downs at Albuquerque at the fairgrounds.

Robinson has asked the court to invalidate Richardson's line-item veto and to block the State Fair Commission from issuing bonds to build a new casino or remodel the existing casino.