SB 59-FN - AS AMENDED BY THE HOUSE
03/13/03 0506s
15may03... 1301h
2003 SESSION
03/10
SENATE BILL 59-FN
AN ACT relative to administrative license suspension hearings.
SPONSORS: Sen. Clegg, Dist 14; Sen. Prescott, Dist 23; Sen. D'Allesandro, Dist 20; Rep. Tholl, Coos 2; Rep. Stevens, Carr 7
This bill permits administrative license suspension hearings to be conducted telephonically or electronically.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/13/03 0506s
15may03... 1301h
03-1133
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to administrative license suspension hearings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Review and Hearings; Conduct of Hearings. RSA 265:91-b, I(c) is repealed and reenacted to read as follows:
(c) If the request is for a hearing, the law enforcement officer's presence shall not be required unless the request also indicates that the person desires to have the law enforcement officer present and explains the reasons therefor. If the person requests the law enforcement officer's presence, the hearing examiner shall order the presence of the officer if the examiner determines, by a preponderance of the evidence, that reasons asserted indicate that the presence of the law enforcement officer is required. The hearing shall be held within 20 days after the filing of the request unless the person requests a continuance. A request for a continuance by the person shall not stay the order of suspension or revocation. The hearing shall be recorded, and be conducted by the department's designated agent. Except as otherwise provided in this subparagraph, the hearing may be conducted telephonically or electronically. If the person and the law enforcement officer so agree, the hearing may be conducted upon a review of the law enforcement officer's report. If the person requesting the hearing fails to appear without good cause shown, the right to a hearing shall be waived and the order sustained. If the hearing examiner orders the presence of the law enforcement officer, and the officer fails to appear without good cause shown, the case shall be dismissed and the order rescinded. The director may adopt rules relative to telephonic or electronic hearings conducted pursuant to this subparagraph.
2 Effective Date. This act shall take effect January 1, 2004.
LBAO
03-1133
Revised 2/5/03
SB 59 FISCAL NOTE
AN ACT relative to administrative license suspension hearings.
FISCAL IMPACT:
The Department of Safety states this bill will decrease state and local expenditures by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county expenditures.
METHODOLOGY:
The Department states this bill should reduce the number of hearings at which the law enforcement officer who is involved in the case must physically appear at the hearing in order to testify. This bill should significantly reduce overtime hours worked by both state police officers and local officers who need to be called in on their normal days off to testify at hearings. State police witness fees are almost $200,000, state police overtime related to traffic is over $500,000, and according to the City of Nashua, its police overtime costs exceeded $1M. Although this legislation will not totally eliminate these costs, it has the potential to significantly decrease both state and local expenditures.