August 3, 2001

No. 38

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

UNIVERSAL DISTRIBUTION OF VACCINES TO CHILDREN, STABLE FUNDING SOURCES (HB 532, Chapter 94:2, Laws of 2001) Room 205, LOB

NH HERITAGE COLLECTIONS (RSA 227-C:18) Room 208, LOB

NEW BUDGET SYSTEM DEVELOPMENT (HB 170, Chapter 158:39, Laws of 2001) Room 102 LOB

CHINS PROCESS (UNDER RSA 169-D) (HB 144, Chapter 7:1, Laws of 2001) Room 206, LOB

COMMISSION TO STUDY THE NEED FOR AND LOCATION OF ARCHITECTURALLY SECURE FACILITIES AND COMMUNITY SHELTER CARE FACILITIES TO SERVICE JUVENILES (SB 55, Chapter 97:2, Laws of 2001) Room 304, LOB

PRESCRIPTION DRUG ACCESS STUDY (SB 37, Chapter 51, Laws of 2001) Room 201, LOB

VETERANS IN NEW HAMPSHIRE STATUS (HB 397, Chapter 27:1, Laws of 2001) Rooms 201-203, LOB

COMMITTEE TO STUDY THE USE OF MULTIDISCIPLINARY TEAM INVESTIGATIONS OF CHILD ABUSE AND NEGLECT ALLEGATIONS (SB 136,Chapter 66:1, Laws of 2001) Room 101, LOB

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

PERSONS LICENSED UNDER THE REAL ESTATE PRACTICE ACT, REGULATION AND COMPENSATION (SB 71,Chapter 65:1, Laws of 2001) Room 104, LOB

HOSPITAL BUSINESS PRACTICES AND MANAGED CARE ORGANIZATIONS NETWORKS (HB 112, Chapter 104:1, Laws of 2001) Room 302, LOB

FEASIBILITY OF CREATING A MENTAL HEALTH COURT DIVISION (SB 100, Chapter 149, 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 101, LOB

JOINT LEGISLATIVE HISTORICAL COMMITTEE (RSA 17-I:1) Room 201, 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

REGIONAL PROGRAM FOR MUNICIPAL SOLID WASTE STREAM (HB 676, Chapter 255,:2, Laws of 2001) Room 301, LOB

GUARDIANS AD LITEM BOARD (SB 448 Chapter 321, Laws of 2000) Room 102, LOB

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

COMMITTEE TO STUDY PREVENTION OF VOTER FRAUD (SB 19, Chapter 122:1, Laws of 2001) Room 101, LOB

COMMITTEE TO STUDY AND IDENTIFY OR ESTABLISH THE DUTIES OF THE FISH AND GAME COMMISSION (SB 160,Chapter 78:1, Laws of 1999 - SB 11 Chapter 41, Laws of 2001) Room 101, LOB

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

BODY WORKS PRACTICE (HB 255, Chapter 58:2, Laws of 2001) Room 205, LOB

DEVELOPMENTAL DISABILITY WAITLIST FUND ALLOCATION OVERSIGHT COMMITTEE (RSA 171-A:1-b) Room 205, LOB

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

JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES (RSA 541-A:2) Rooms 201-203, LOB

LONG-TERM CARE RATE ADVISORY COMMITTEE (SB 167, Chapter 198:2, Laws of 2001) Room 103, SH

COMMITTEE TO STUDY METHODS OF STRENGTHENING AND CLARIFYING THE COMPREHENSIVE SHORELAND PROTECTION ACT APPLICATION (SB 89, Chapter 55, 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

STATE-OPERATED TRAILS (HB 717, Chapter 259, 2001) Room 207, LOB

1:30 p.m. Organizational Meeting

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE Room 201, LOB

PROTECTIVE CUSTODY EFFECTS ON COUNTRY CORRECTIONAL FACILITIES (HB 442, Chapter 93:1, Laws of 2001) Room 203, LOB

APPELLATE SYSTEM REFORM COMMISSION (HB 135, Chapter 203, Laws of 2001) Room 201, LOB

CONSUMER PROTECTION EFFORT IN NEW HAMPSHIRE (HB 109, Chapter 12:1, Laws of 2001) Room 302, 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

CREATION OF A LANDLORD-TENANT MEDIATION PROJECT (SB 49, Chapter 64:1, Laws of 2001) Room 103, LOB

USE OF PHYSICAL FORCE FOR TEACHERS OR PERSONS ENTRUSTED WITH CARE OR SUPERVISION OF MINORS (HB 594, Chapter 62:1, Laws of 2001) Room 207, LOB

ON-LINE AND ELECTRONIC VOTING (HB 124, Chapter 21:1, Laws of 2001) Room 308, LOB

PRIVACY TASK FORCE (HB 702, Chapter 256:8, Laws of 2001) Room s 210-211, LOB

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

CERTIFICATE OF NEED STATUTE TASK FORCE (RSA 151-C:16) Room 203, 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

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

CERTIFICATE OF NEED STATUTE TASK FORCE (RSA 151-C:16) Room 203, LOB

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

********