By the authority vested in me, pursuant to part II, article 44 of the New Hampshire Constitution, on July 17, 2007, I vetoed Senate Bill 109, an act relative to the emergency powers of the supreme court.

Based on my experiences during our flood disasters, I recognize the critical importance of maintaining clear and coordinated authority during emergencies. While I applaud the sponsors of this bill for their efforts to address emergency preparedness in our court system, I am vetoing SB 109 because the language of the bill is overbroad.

I support granting limited authority to the supreme court to extend statutory time deadlines in the courts during a declared state of emergency. If the court system were not available to the citizens because of an emergency, it is only fair that filing deadlines be suspended briefly. Current law does not authorize the supreme court to suspend certain time deadlines during an emergency. The bill’s sponsors recognized this problem, and wisely acted to address it.

However, the final version of the bill grants authority to the supreme court to suspend time deadlines in other statutes that are unrelated to the court system. This language raises serious concerns about the separation of powers between our branches of government. It also undermines efforts to centralize decision-making during a state of emergency. For example, SB 109 would authorize the supreme court to suspend time deadlines in virtually any law, including those that do not impact existing or anticipated court cases, such as administrative licenses, the issuance of permits by state agencies, applications for benefits, the payment of fines, and the timing of administrative hearings. Those decisions, in particular during an emergency, should be made by the governor or the general court.

The Senate version of this bill contained specific language that covered only those time deadlines applicable to the courts, and did not raise concerns about the separation of powers. Unfortunately, that language was removed from the final version of the bill.

Respectfully submitted,

Governor

Date: July 17, 2007