Bill Text: NH HB478 | 2011 | Regular Session | Introduced
Bill Title: Relative to testimony by video teleconference.
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2011-06-28 - House Signed By Governor 06/28/2011; Effective 08/27/2011; Chapter 0220 [HB478 Detail]
Download: New_Hampshire-2011-HB478-Introduced.html
HB 478-FN-LOCAL – AS INTRODUCED
2011 SESSION
03/05
HOUSE BILL 478-FN-LOCAL
AN ACT relative to testimony by video teleconference.
SPONSORS: Rep. Umberger, Carr 1; Rep. Ulery, Hills 27; Sen. Bradley, Dist 3
COMMITTEE: Criminal Justice and Public Safety
This bill authorizes testimony by video teleconference at department of safety administrative hearings and in district and superior court motor vehicle cases.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0490
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to testimony by video teleconference.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Bureau of Hearings; Testimony by Video Teleconference. Amend RSA 21-P:13 by inserting after paragraph II the following new paragraph:
III. The commissioner of safety or designee is authorized, whenever the commissioner deems it feasible, upon giving timely written notice to the parties, to provide to the parties to an administrative hearing the opportunity to hold the hearing and take testimony by video teleconference, provided that testimony is limited to the matters relating to hearings that are open to the public in accordance with RSA 541-A. Either party shall have an opportunity to file a timely written objection to the introduction of testimony by video teleconference, stating its reasons for the objection, and the commissioner or designee, upon determining that one or more of the parties would be substantially disadvantaged in presenting their case by video teleconference, may order live testimony. For purposes of this section, “video teleconference” includes the use of any technology that provides live, interactive aural and visual communication.
2 Testimony by Video Teleconference. Amend the subdivision heading preceding RSA 516:37 to read as follows:
Testimony by Video Teleconference in Criminal and Motor Vehicle Cases
3 New Section; Testimony by Video Teleconference for Motor Vehicle Violations. Amend RSA�516 by inserting after section 37 the following new section:
516:38 Testimony by Video Teleconference for Motor Vehicle Violations. In any contested case for an alleged motor vehicle violation in district or superior court at which a keeper of the records or technical specialist from the department of safety, bureau of hearings or division of motor vehicles is summoned to testify, the state may move to take the testimony of the keeper of the records or technical specialist by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to records of the department of safety. Notice shall be provided to the defendant, and the defendant shall have an opportunity to object to the introduction of testimony by video teleconference. For purposes of this section, “video teleconference” includes the use of any technology that provides live, interactive aural and visual communication.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0490
Revised 02/07/11
HB 478 FISCAL NOTE
AN ACT relative to testimony by video teleconference.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter. The Department of Safety states this bill will have an indeterminable impact on state expenditures. The New Hampshire Association of Counties and the New Hampshire Municipal Association state this bill will reduce county and local expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on state, county, or local revenue.
METHODOLOGY:
This bill authorizes testimony by video teleconference at Department of Safety administrative hearings and in district and superior court motor vehicle cases. The Judicial Branch states this bill would require each of the thirty two district and eleven superior courts to have video teleconferencing capability. The Branch notes currently twelve district and five superior courts have this capability leaving twenty district and six superior courts that would require outfitting for video teleconferencing capability. The Branch estimates outfitting these twenty six locations with video teleconferencing capabilities will increase state expenditures by $364,000 in FY 2012. In addition, the Branch estimates additional annual telecommunications costs of $125 per month for each of the twenty six locations increasing state expenditures by an additional $39,000 ($125 x 26 locations x 12 mos.) in FY 2012 and each year thereafter. The Judicial Branch states the proposed legislation also provides an opportunity for the defendant to object to testimony by video teleconferencing. The Branch states this provision will result in some contested hearings on the issue. Although the Branch is unable to determine how many such hearings may take place, the Branch does have information regarding the cost of judicial time for such hearings. The Branch estimates an hour of judicial time will cost $112.02 in FY 2012 and $112.96 in FY 2013. Without regard to any appeals that may be filed on the issues of a defendant’s opposition to testimony by video teleconferencing, the Branch estimates approximately 90 hours of hearings would result in a fiscal impact in excess of $10,000 to the Branch.
The Department of Safety states they are currently equipped with the necessary equipment to facilitate testimony by video teleconferencing. However, the Department estimates additional expenditures of $3,900 in FY 2012 and each year thereafter to pay for costs associated with software licenses and telecommunication services necessary to facilitate the video teleconferencing. The Department also states there may be an offsetting decrease in state expenditures resulting from reduced overtime, mileage, and vehicle use as a result of the proposed legislation but is unable to estimate the extent of these savings.
The New Hampshire Association of Counties and the New Hampshire Municipal Association state this bill will decrease county and local expenditures by an indeterminable amount in FY 2012 and each year thereafter as a result of fewer transports, decreased vehicle use, decreased mileage, and decreased personnel costs.
