HB 1472-FN-LOCAL – AS INTRODUCED
2010 SESSION
03/04
HOUSE BILL 1472-FN-LOCAL,
AN ACT relative to testimony by video teleconference.
SPONSORS: Rep. Umberger, Carr 1; Rep. Ulery, Hills 27
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2241
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
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.
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.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
10-2241
11/23/09
HB 1472-FN-LOCAL - FISCAL NOTE
AN ACT relative to testimony by video teleconference.
FISCAL IMPACT:
The Judicial Branch states this bill may increase state general fund expenditures by an indeterminable amount in FY 2011 and each fiscal year thereafter. The Department of Safety states this bill may decrease county and local expenditures by an indeterminable amount in FY 2011 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill authorizes testimony by video teleconference in certain circumstances at Department of Safety administrative hearings and in the District and Superior Courts. The Branch states section 3 of this bill allows testimony by video teleconference, on motion of the State, for the keeper of the records or for a technical specialist. A defendant in such proceedings has the opportunity to object to the taking of testimony by a video conference.
The Branch states each of the 34 District Courts and 11 Superior Courts would need video teleconferencing capability under this bill. Currently 13 such courts have this equipment, leaving 32 sites to be outfitted. The Branch estimates the cost to purchase, install, and train on a video teleconferencing system will be $18,000 per site, and estimates the cost of communications lines is $280 per site per month. The Branch estimated annual increases in general fund expenditures as follows:
FY 2011
32 sites x $18,000 for purchase/installation/training = $576,000
32 sites x $280 per communication line x 12 months = $107,520
Total = $683,520
FY 2012 & beyond
32 sites x $280 per communication line x 12 months = $107,520
LBAO
10-2241
11/23/09
The Branch further states it anticipates there will be some judicial expense related to the provision allowing a defendant to object to testimony by video teleconference. This provision will result in some contested hearings on the issue. The Branch has no information on which to estimate how many such hearings would take place; however, the cost of an hour of judicial time in FY 2010 and each fiscal year thereafter is $97.
The Department of Safety states this bill allows testimony by video conference for certain Department proceedings. The Department indicates State expenditures may increase by approximately $1,800 annually for hardware, software, and Internet expenses. The Department further states there would be some decrease in State expenditures related to a reduction in overtime, mileage, and vehicle use for both law enforcement and civilians. Therefore, the Department states the net fiscal impact of this bill on State expenditures is indeterminable.
The Department further states this bill may decrease county and local expenditures by an indeterminable amount for overtime, mileage, and vehicle use for both law enforcement and civilians.