September 27, 2001

No. 44

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.

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

PRIVACY TASK FORCE (HB 702, Chapter 256:8, 2001) Rooms 210-211, LOB

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

INDUSTRIAL TECHNOLOGY RESEARCH AND INNOVATION CENTER OVERSIGHT COMMITTEE (RSA 187-A:32) Hanover NH

ONE - DAY/ONE TRIAL JURORS (HB 160, Chapter 163:1, Laws of 2001) Room 208, LOB

NH BRAIN AND SPINAL CORD INJURY ADVISORY COUNCIL (RSA 137-K:2) Room 205, LOB

ROLE OF SELECTMAN IN THE ASSESSING FUNCTION AND ESTABLISHING AN ASSESSORS LICENSING BOARD (SB 193, Chapter 297, Laws of 2001) Room 102, LOB

CREATION OF A REGIONAL PROGRAM FOR COLLECTION AND MARKETING OF COMPONENTS OF MUNICIPAL SOLID WASTE STREAM (HB 676, Chapter 255, Laws of 2001) Room 301, LOB

ASSESSING STANDARDS BOARD (RSA 21-J:14-a) Room 307, LOB

SHORTAGE OF HEALTH CARE PERSONNEL (HB 143, Chapter 32, Laws of 2001) Room 303, LOB

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

FAMILY CAREGIVERS IN NH, INFORMATION, TRAINING AND SUPPORT (HB 569, Chapter 60, Laws of 2001) Room 303, LOB

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) City Hall, 58 Tremont Street, Claremont

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) Senior Citizen Center, 10 Campbell Street, Lebanon

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) Belknap County Complex, Multi Purpose Room, 34 County Drive, Laconia

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

BUSINESS LOGO SIGNING ON MAINLINE LIMITED ACCESS AND DIVIDED HIGHWAYS (SB 134, Chapter 153:1, Laws of 2001) Room 103, LOB

PROTECTIVE CUSTODY EFFECTS ON COUNTY CORRECTIONAL FACILITIES (HB 442, Chapter 93:1, Laws of 2001) Room 204, LOB

DUTIES OF THE FISH AND GAME COMMISSION, STUDY TO IDENTIFY OR ESTABLISH (SB 160, Chapter 78, Laws of 1999, Extended by SB 11, Chapter 41, Laws of 2001) Room 308, LOB

GAS UTILITY RESTRUCTURING (RSA 374:60) Room 304, LOB

REIMBURSEMENT FOR EXPENSES OF LEGISLATORS (HB 452, Chapter 59, Laws of 2001) Room 100, SH

STATE HOUSE OPEN TO THE PUBLIC ON WEEKENDS (HB 163, Chapter 8:1, Laws of 2001) Room 201, LOB

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) Huggins Hospital, 290 South Main Street, Wolfeboro

PENALTIES FOR DRIVING UNDER INFLUENCE OF LIQUOR OR DRUGS STUDY (HB 84, Chapter 334, Laws of 1999, Extended by HB 242, Chapter 23, Laws of 2001) Room 204, LOB

USE OF MULTI-DISCIPLINARY TEAM INVESTIGATIONS OF CHILD ABUSE AND NEGLECT ALLEGATIONS (SB 136, Chapter 66:1, Laws of 2001) Room 103, LOB

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

REGULATION OF CASH DISPENSING MACHINES (SB 51, Chapter 263:3, Laws of 2001) Room 101, LOB

RECODIFICATION OF LAWS RELATION TO THE JOINT COMMITTEE ON LEGISLATIVE FACILITIES AND THE APPLICATION OF RIGHT TO KNOW LAW (HB 574, Chapter 61:2, Laws of 2001) Room 100, SH

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) Town Hall, 1634 East Main Street, Conway

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99City Hall, 168 Main Street, Berlin

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) Town Hall-upstairs, 6 Post Office Square, Plymouth

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

COMMISSION TO STUDY THE CREATION OF AFFORDABLE HOUSING (SB 21, Chapter 262:2, Laws 2001) Room 103, SH

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) Town Hall, 2975 Dartmouth College Road, Haverhill

USE OF PHYSICAL FORCE BY TEACHERS OR PERSONS ENTRUSTED WITH CARE AND SUPERVISION OF MINORS STUDY ON JUSTIFICATION AND IMPLICATIONS (HB 594, Chapter 62:1, Laws of 2001) Room 207, LOB

GOVERNOR’S ADVISORY COMMISSION ON INTERMODAL TRANSPORTATION (gaciT) (RSA 228:99) Town Hall Auditorium, 25 Main Street, Lancaster

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

APPELLATE SYSTEM REFORM COMMISSION (HB 135, Chapter 159:2, Laws of 2001) Room 201, LOB

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

PREVENTION OF VOTER FRAUD ( SB 19, Chapter 122, Laws of 2001) Room 101, LOB

ASSESSING STANDARDS BOARD (RSA 21-J:14-a) Room 301, LOB

ASSESSING STANDARDS BOARD (RSA 21-J:14-a) Room 307, LOB

CREATION OF AN AT HOME INFANT CHILD CARE PROGRAM IN NH (HB 405, Chapter 240:1, Laws of 2001) Room 303, LOB

PRESCRIPTION DRUG ACCESS STUDY COMMITTEE (SB 367, Chapter 208:2, Laws of 2000, Extended by SB 37, Chapter 51, Laws of 2001) Room 103, SH

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

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

CERTIFICATE OF NEED STATUTE TASK FORCE (RSA 151-C:16) Room 301, LOB

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

CAPITAL BUDGET OVERVIEW COMMITTEE (RSA 17-J:2) Room 201, LOB

STATE-OPERATED TRAILS AND PRIVATE LANDS USED BY ALL TERRAIN VEHICLES (ATV's) AND TRAIL BIKES (HB 717, Chapter 259:1, Laws of 2001) Room 207, LOB

211 COMMISSION (HB 707, Chapter 258, 2001) Room 304, LOB

(SB 330, Chapter 242:1, Laws of 2000, Extended by HB 612, Chapter 138, Laws of 2001) Room 305, LOB

IMPACT OF PAY AND BENEFITS FOR CHILD CARE WORKERS ON QUALITY OF CARE FOR CHILDREN COMMISSION (HB 451, Chapter 244:2, Laws of 2001) Joint Meeting with COMMISSION TO EXAMINE CHILD CARE RESOURCES FOR PARENTS WHO WORK OTHER THAN FIRST SHIFT (HB 260, Chapter 273:1, Laws of 2001) Room 206, LOB

HEALTH AND HUMAN SERVICES OVERSIGHT COMMITTEE (RSA 126-A:13) Room 102, LOB

WOMEN'S HEALTH CARE STUDY (HB 214, Chapter 42:1, Laws of 1999, Extended by HB 242, Chapter 23, Laws of 2001) Room 302, LOB

COMMISSION ON DEVELOPMENT OF A STATEWIDE PROTOCOL FOR INTERVIEWING VICTIMS OF SEXUAL ASSAULT CRIMES (HB 475, Chapter 245, Laws of 2001) Room 204, LOB

CREATION OF LANDLORD TENANT MEDIATION PROJECT (SB 49, Chapter 64:1, Laws of 2001) Room103, LOB

ARCHITECTURALLY SECURE FACILITIES AND COMMUNITY SHELTER CARE FACILITIES FOR JUVENILES, NEED AND LOCATION (SB 55, Chapter 97:2, Laws of 2001) Room 201, LOB

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

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

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

COMPREHENSIVE SHORELAND PROTECTION ACT APPLICATION, METHODS OF STRENGTHENING AND CLARIFYING (SB 89, Chapter 55:1, Laws of 2001) Room 102, LOB

Osteoporosis Advisory Council (RSA 126-I:3) Room 102, LOB

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43:1, Laws of 2000) Room 205, LOB

LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE (RSA 17-M:1) NH Hospital Acute Psychiatric Conference Room

STATE COMMITTEE ON AGING (RSA 161-F:7,I) Rooms 205-207, LOB

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

MENTAL HEALTH COURT DIVISION FEASIBILITY STUDY (SB 100, Chapter 149:1, Laws of 2001) Room 208, LOB

NH STATE PORT AUTHORITY STUDY COMMITTEE (HB 1559, Chapter 153:1, Laws of 2000) Room 201, LOB

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

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

ASSESSING STANDARDS BOARD (RSA 21-J:14-a) Room 301, LOB

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

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

REGULATION OF CASH DISPENSING MACHINES (SB 51, Chapter 263:3, Laws of 2001) Room 101, LOB

PROTECTIVE CUSTODY EFFECTS ON COUNTY CORRECTIONAL FACILITIES (HB 442, Chapter 93:1, Laws of 2001) Room 204, LOB

PENALTIES FOR DRIVING UNDER INFLUENCE OF LIQUOR OR DRUGS STUDY (HB 84, Chapter 334, Laws of 1999, Extended by HB 242, Chapter 23, Laws of 2001) Room 204, LOB

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

SOURCES THAT BURN VIRGIN PETROLEUM OR COAL TO COMPLY WITH AIR TOXIC CONTROL ACT (RSA 125-I) STUDY OF PUBLIC HEALTH AND ENVIRONMENTAL BENEFITS (SB 93, Chapter 88:1, Laws of 2001) Room 101, LOB

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

COMMISSION TO STUDY THE CREATION OF AFFORDABLE HOUSING (SB 21, Chapter 262:2, Laws 2001) Room 103, SH

APPELLATE SYSTEM REFORM COMMISSION (HB 135, Chapter 159:2, Laws of 2001) Room 201, LOB

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

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

ASSESSING STANDARDS BOARD (RSA 21-J:14-a) Room 301, LOB

ASSESSING STANDARDS BOARD (RSA 21-J:14-a) Room 307, LOB

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

POSTSECONDARY EDUCATION AND TEMPORARY ASSISTANCE RECIPIENTS RELATIONSHIP COMMISSION (SB 313, Chapter 122:2, Laws of 2000) room 205, LOB

ADEQUATE EDUCATION AND EDUCATION FINANCING COMMISSION (RSA 198-49,I) Room 105-A, SH

10:00 a.m. Regular Meeting

WOMEN'S HEALTH CARE STUDY (HB 214, Chapter 42:1, Laws of 1999, Extended by HB 242, Chapter 23, 2001) Room 302, LOB

PERINATAL, ALCOHOL & TOBACCO (RSA 132:19) Room 102 LOB

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

COMMISSION ON DEVELOPMENT OF A STATEWIDE PROTOCOL FOR INTERVIEWING VICTIMS OF SEXUAL ASSAULT CRIMES (HB 475, Chapter 245, Laws of 2001) Room 204, LOB

SENATE PUBLIC INSTITUTIONS, HEALTH & HUMAN SERVICES COMMITTEE WORK SESSION ON HB 289-FN, HB 485, HB 553-FN-L, SB 166-FN Room 101,LOB

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

PUBLIC HEALTH AND ENVIRONMENT RELATIONSHIP (HB 1390, Chapter 114, Laws of 2000) Room 205, LOB

COMMISSION ON EDUCATION OF DEAF AND HARD OF HEARING PERSONS IN NEW HAMPSHIRE (HB 1283, Chapter 43:1, Laws of 2000) Room 205, LOB

PRESCRIPTION DRUG ACCESS STUDY COMMITTEE (SB 367, Chapter 208:2, Laws of 2000, Extended by SB 37, Chapter 51, Laws of 2001) Room 103, SH

ASSESSING STANDARDS BOARD (RSA 21-J:14-a) Room 301, LOB

PUBLIC HEALTH AND ENVIRONMENT RELATIONSHIP (HB 1390, Chapter 114, Laws of 2000) Room 206, LOB

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

Osteoporosis Advisory Council (RSA 126-I:3) Room 102, LOB

COMMISSION ON THE STATUS OF COMMUNITY - TECHNICAL EDUCATION (SB 503, Chapter 272:35, Laws of 1998, Extended by SB 15, Chapter 43, Laws of 2001) Community Technical College, Pease Campus

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

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

GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT (RSA 12-J:1) Rooms 202-204, LOB

Osteoporosis Advisory Council (RSA 126-I:3) Room 102, LOB

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Senator Arthur P. Klemm

Senator Jane O'Hearn

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HEREBY AFFIRMED this day, September 14^th, 2001, with a copy of this Declaration to be presented to the President of the United States and to New York City Mayor Rudolph Giuliani.

___________________________

Arthur P. Klemm, Jr.

President of the Senate

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As a convenience to the members of the NH General Court, the Visitors’ Center offers the following schedule of schools and other groups visiting the State House in October 2001. These listings will replace individual notifications in an effort to reduce paper usage and to ensure all members will be notified in a timely manner. Our schedule is tightly booked for the remainder of the school year. Please contact the Visitors’ Center concerning school tour booking information. Thank you for your continued participation with your School Visitation Program.

Kenneth Leidner, Director