July 20, 2001

No. 36

July 12, 2001

To the Honorable Members of the General Court:

By the authority vested in me as Governor of New Hampshire, pursuant to Part II, Article 44 of the Constitution of New Hampshire, I have this day vetoed Senate Bill 164, an Act establishing a comprehensive statewide accountability system concerning an adequate education.

I have long supported strong school accountability legislation. Making schools accountable for their performance is critical to improving the education we provide our children.

Senate Bill 164 is advertised as a school accountability bill. Yet, it contains no provisions whatsoever to hold school districts accountable for their performance. As President George W. Bush has emphasized so strongly in his national educational reform proposal, "without consequences for failure, there is no pressure to succeed." To call S.B. 164, in the form in which it left the legislative committee of conference and has arrived on my desk, an "accountability" bill is disingenuous. I cannot support legislation which is more symbolic than substantive on an issue as critically important as school accountability.

Several have said to me in the last few days that S.B. 164 "is better than nothing." I disagree strongly. S.B. 164 imposes many new duties on the Department of Education, but fails to provide the Department with sufficient funding to successfully carry out those additional responsibilities. When this bill first passed the Senate on May 9, 2001, it appropriated more than double the funding it now contains. Unfortunately, the very people in the legislature who have loudly fought meaningful school accountability measures for the last four years are the same people who in conference committee removed the modest accountability provisions from the Senate version of S.B. 164 and slashed the resources the Department of Education would need to succeed.

As amended by the House, this legislation seeks to make teachers more accountable by making it easier to terminate teachers in about half of the school districts in this state. While I support streamlining the process for removing non-performing teachers, it makes little sense to make teachers more accountable without making school districts more accountable.

I am also concerned by the expansion of duties assigned to the so-called legislative oversight committee. This is another example of the disturbing trend of the legislative branch to interject itself into the day-to-day operations of the executive branch.

I am disappointed that Senate Bill 164 has arrived at my desk in this form, leaving me with no choice but to veto it.

Respectfully submitted,

SB 60, relative to the authority of the board of tax and land appeals to assess attorney's fees.

SB 90, relative to misdemeanor jury trials.

SB 96-FN, repealing the requirements for resident and nonresident licenses to carry concealed weapons.

SB 97-FN, requiring the annual registration of manufactured housing parks.

SB 116-FN, relative to motor vehicle offenses which result in the death or serious bodily injury of another.

SB 180-FN-A, establishing the Hooksett district court as a full-time court and making an appropriation therefor.

SB 185, relative to push-polling.

SB 195-FN, permitting the department of regional community-technical colleges to lease building space from the Pease development authority in exchange for a reduction in Pease development authority's debt owed to the state.

HB 101, (New Title) requiring registered lobbyists to sign a statement concerning false statements or misrepresentation of material facts.

HB 130, relative to the maintenance of boundaries and fences.

HB 153, lowering the minimum medical cost coverage for motor vehicle liability policies.

HB 196-L, (New Title) relative to the penalty for failure to license a dog or renew a dog license.

HB 211-FN, establishing a restricted probationary permit to drive and correcting the ignition interlock program laws.

HB 304-FN, relative to insurance coverage for prostate cancer testing.

HB 614, relative to certain duties, responsibilities, and authority of the fiscal committee.

HB 697, extending the reporting date for the healthy kids subcommittee and clarifying the mission statement of the healthy kids corporation.

HB 748-FN-A-L, (2nd New Title) revising the definition of an adequate education and revising the weighted pupil formula used to calculate the cost of an adequate education.

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

NH HAMPSHIRE COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION (RSA 195-H:2), Room 103, SH

SENATE RULES COMMITTEE Room 101, LOB

IMPACT OF WATER WITHDRAWALS ON INSTREAM FLOWS (SB 330, Chapter 242, Laws of 2000) Room 100, SH

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

WORKERS' COMPENSATION ADVISORY COUNCIL (RSA 281-A:62 )Room 306, LOB

PUBLIC HEALTH & ENVIRONMENT RELATION SHIP COMMISSION (HB 1390, Chapter 114, Laws of 2000) Room 205, LOB

COMMITTEE TO STUDY METHODS OF STRENGTHENING AND CLARIFYING THE COMPREHENSIVE SHORELAND PROTECTION ACT APPLICATION (SB 89, Chapter 55, Laws of 2001) Room 102, LOB

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 Widening) Salem High School, 44 Geremonty Drive, Salem NH

CHARITABLE BINGO OPERATIONS (SB 131,Chapter 100:1, Laws of 2001) Room 102, LOB

PRIVATE INDIVIDUALS, INFORMATION OBTAINED, MAINTAINED AND EMPLOYED BY THE DIVISION OF CHILDREN, YOUTH AND FAMILIES (SB 123, Chapter 99, Laws of 2001) Room 102, LOB

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

FEASIBILITY OF CREATING A MENTAL HEALTH COURT DIVISION (SB 100, Chapter 149, Laws of 2001) Room 102, LOB

TOBACCO USE ADVISORY COMMITTEE (HB1594, Chapter 126-K:19, Laws of 2000) Room 205, LOB

ALLOWING THE USE OF BUSINESS LOGO SIGNING ON THE MAINLINE OF LIMITED ACCESS AND DIVIDED HIGHWAYS (SB 134, Chapter 153, Laws of 2001) Room 103, LOB

INFORMATIONAL MEETING REGARDING THE FOLLOWING 2002 BILL REQUEST (LSR 3043- establishing a committee to study a permit system for vessels registered in another state temporarily using the waters of New Hampshire.) Room 102, LOB

PET OVERPOPULATION COMMITTEE (RSA 437-A:7) Room 102, LOB

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 Widening) Windham Town Hall, 3 North Lowell Road, Windham, NH

BOARD OF MANUFACTURED HOUSING (RSA 205-A:25) Room 201, LOB

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 Widening) West Running Brook School, 1 West Running Brook Lane, Derry, NH

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

VETERANS IN NEW HAMPSHIRE STATUS (HB 397, Chapter 27:1, Laws of 2001) Room 308, LOB

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

OIL FUND DISBURSEMENT BOARD (RSA 146-D:4) Room 305, LOB

NH LAND & COMMUNITY HERITAGE AUTHORITY BOARD OF DIRECTORS (RSA 227-M:4) Community Development Finance Authority 14 Dixon Ave, Concord, NH

NH DEPARTMENT OF TRANSPORTATION (Salem-Manchester 10418-C I-93 Widening) North Gate Meeting Room, 50 Nashua Road, Suite 105, Londonderry, NH

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43, Laws of 2000) Room 205, LOB

BOARD OF CLAIMS (RSA 541-B:3) Room 202, LOB

JOINT HEALTH COUNCIL NH Board of Nursing, 78 Regional Drive, Bldg. B Concord, NH

FISCAL COMMITTEE OF THE GENERAL COURT Rooms 210-211, LOB

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES Rooms 306-308, LOB

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Additional 2000, Red Books can be picked up in the Secretary of State office, each Senator is entitled to 3 volumes.

Senator Sheila Roberge

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