CHAPTER 167
HB 1648-FN – FINAL VERSION
18Mar2008… 0781h
05/08/08 1706s
2008 SESSION
10/04
HOUSE BILL 1648-FN
AN ACT relative to search and rescue response expenses of the fish and game department and relative to appropriating additional funding for certain fish and game programs.
SPONSORS: Rep. Kidder, Merr 1; Rep. Skinder, Sull 1
This bill allows the fish and game department to recover the cost of search and rescue responses from persons who negligently require search and rescue services. The department is authorized to suspend the driver’s license and other licenses of a person failing to pay.
This bill also provides additional funding to the fish and game department for hatchery overtime, law enforcement overtime, and fleet maintenance for fiscal year 2009.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18Mar2008… 0781h
05/08/08 1706s
08-2912
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to search and rescue response expenses of the fish and game department and relative to appropriating additional funding for certain fish and game programs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
167:1 Fish and Game Department; Powers; Search and Rescue. Amend RSA 206:26, XII to read as follows:
XII. To conduct search and rescue operations in woodlands and inland waters and to provide security at the sites thereof, and to enforce recovery of expenses under RSA 206:26-bb;
167:2 New Section; Search and Rescue Response Expenses; Recovery. Amend RSA 206 by inserting after section 26-b the following new section:
206:26-bb Search and Rescue Response Expenses; Recovery.
I. Notwithstanding RSA 153-A:24, any person determined by the department to have acted negligently in requiring a search and rescue response by the department shall be liable to the department for the reasonable cost of the department’s expenses for such search and rescue response. The executive director shall bill the responsible person for such costs. Payment shall be made to the department within 30 days after the receipt of the bill, or by some other date determined by the executive director. If any person shall fail or refuse to pay the costs by the required date, the department may pursue payment by legal action, or by settlement or compromise, and the responsible person shall be liable for interest from the date that the bill is due and for legal fees and costs incurred by the department in obtaining and enforcing judgment under this paragraph. All amounts recovered, less the costs of collection and any percentage due pursuant to RSA 7:15-a, IV(b), shall be paid into the fish and game search and rescue fund established in RSA 206:42.
II. If any person fails to make payment under paragraph I, the executive director of the fish and game department may:
(a) Order any license, permit, or tag issued by the fish and game department to be suspended or revoked, after due hearing.
(b) Notify the commissioner of the department of health and human services of such nonpayment. The nonpayment shall constitute cause for revocation of any license or certification issued by the commissioner pursuant to RSA 126-A:20 and RSA 151:7.
(c) Notify the director of motor vehicles of such nonpayment and request suspension of the person’s driver’s license pursuant to RSA 263:56.
167:3 New Subparagraph; Residential Care and Health Facility Licensing; Suspension or Revocation of License. Amend RSA 151:7, II by inserting after subparagraph (e) the following new subparagraph:
(f) Nonpayment of search and rescue response expense reimbursement owing pursuant to RSA 206:26-bb.
167:4 Operating Budget; Fish and Game Department; Hatchery Overtime. Amend 2007, 262:1, PAU 03-01-03-01-02 as follows:
Fiscal Year 2008 Fiscal Year 2009
Strike out: 18 Overtime $121,552 $55,000
Insert: 18 Overtime $121,552 $121,552
167:5 Operating Budget; Fish and Game Department; Law Enforcement Overtime. Amend 2007, 262:1, PAU 03-01-05-01 as follows:
Fiscal Year 2008 Fiscal Year 2009
Strike out: 18 Overtime $72,500 $59,000
Insert: 18 Overtime $72,500 $74,560
167:6 Operating Budget; Fish and Game Department; Fleet Management. Amend 2007, 262:1, PAU 03-01-01-03-04 as follows:
Fiscal Year 2008 Fiscal Year 2009
Strike out: 20 Current Expenses G $314,700 $33,300
Insert: 20 Current Expenses G $314,700 $65,891
167:7 Authority Granted; Supplemental Appropriation to Fish and Game Department. The legislative budget assistant is authorized to adjust the totals in 2007, 262:1 and the source of funds therefor as required by sections 4-6 of this act.
167:8 Effective Date. This act shall take effect upon its passage.
Approved: June 6, 2008
Effective Date: June 6, 2008