August 15, 2001

No. 39

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.

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

COMMITTEE TO STUDY THE NEED FOR AND LOCATION OF ARCHITECTURALLY SECURE FACILITIES AND COMMUNITY SHELTER CARE FACILITIES TO SERVICE JUVENILES (SB 55, Ch. 97, Laws of 2001) Youth Development Center, No. River Rd., Manchester

10:00 a.m. Regular Meeting

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

CERTIFICATE OF NEED BOARD (RSA 151-C:16), Rooms 301-303, 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

CREATION OF AT-HOME INFANT CHILD CARE (HB 405, Ch. 240, Laws of 2001), Room 206, LOB

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

CHILD CARE - PARENTS WHO WORK OTHER SHIFTS (HB 260, Ch. 273, Laws of 2001), Room 206, LOB

IMPACT OF PAY/BENEFITS FOR CHILD CARE WORKERS (HB 451, Ch. 244, Laws of 2001), Room 206, 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

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

COMMUNITY TECHNICAL EDUCATION (SB 15, Ch. 43, Laws of 2001), Room 104, LOB

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

1:30 p.m. Organizational Meeting

HOSPITAL BUSINESS PRACTICES & MANAGED CARE NETWORKS (HB 112, Ch. 104, Laws of 2001), Room 302, LOB

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

CHINS PROCESS (Under RSA 169-D) (HB 144, Ch. 7, Laws of 2001) Room 206, LOB

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

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

COMMITTEE TO STUDY THE FEASIBILITY OF TRANSFERRING SOME OF THE RESPONSIBILITIES CURRENTLY HELD BY THE COMMISSIONER OF THE DEPARTMENT OF REVENUE ADMINISTRATION UNDER RSA 78 TO THE LIQUOR COMMISSION (SB 148, Ch. 280, Laws of 2001) Room 302, LOB

CREATION OF REGULATORY PROGRAM FOR MARKETING COMPONENTS OF MUNICIPAL SOLID WASTE STREAM (HB 676, Ch. 255, Laws of 2001) Room 301, LOB

TRANSFERRING RESPONSIBILITIES FROM THE DEPARTMENT OF REVENUE ADMINISTRATION TO THE LIQUOR COMMISSION (SB 148, Ch. 280:5, Laws of 2001) Room 302, LOB

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

(SB 21, Chapter 262:3, Laws of 2001) Room 103, SH

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

JUSTICE FOR LOW INCOME CITIZENS, METHODS OF REDUCING COST (HB 121, Chapter 20, Laws of 2001) Room 208, 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

COMMITTEE TO STUDY PREVENTION OF VOTER FRAUD (SB 19, Ch. 122, Laws of 2001) Room 101, LOB

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

DCYF INFORMATION USAGE (SB 123, Ch. 99, Laws of 2001), Room 101, LOB

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

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

COMMISSION ON DEVELOPMENT OF STATEWIDE PROTOCOL FOR INTERVIEWING VICTIMS OF SEX ASSAULT (HB 475, Ch. 245, Laws of 2001), Room 204, LOB

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

ONE-DAY ONE-TRIAL JURORS (HB 160, Ch. 163:2, Laws of 2001) Rooms 208, LOB

EXCAVATING & DREDGING PERMITS AND APPEALS PROCESS (HB 1127, Ch. 86 Laws of 2000) Room 305, LOB

COMMITTEE TO STUDY PRESCRIPTION DRUG ACCESS (SB 37, Ch. 51, Laws of 2001) Room 101, LOB

COMMITTEE TO STUDY THE USE OF BUSINESS LOGO SIGNING ON THE MAINLINE OF LIMITED ACCESS AND DIVIDED HIGHWAYS (SB 134, Ch. 153, Laws of 2001) Room 103, LOB

COMMITTEE TO STUDY THE FEASIBILITY OF CREATING A MENTAL HEALTH COURT DIVISION (SB 100, Ch. 149, Laws of 2001), Room 208, LOB

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

CERTIFICATE OF NEED BOARD (RSA 151-C:16), Rooms 301-303, 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

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