Bill Text - HB256 (2013)

Relative to funding for the fish and game search and rescue fund.


Revision: Jan. 15, 2013, midnight

HB 256-FN – AS INTRODUCED

2013 SESSION

13-0296

10/03

HOUSE BILL 256-FN

AN ACT relative to funding for the fish and game search and rescue fund.

SPONSORS: Rep. Chandler, Carr 1; Rep. Goley, Hills 8; Rep. Reed, Merr 2; Rep. Kappler, RockĀ 3; Sen. Bradley, Dist 3; Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill provides funding for the fish and game search and rescue fund by:

I. Establishing a $10 surcharge on all fines issued for fish and game law violations.

II. Establishing a minimum flat fee for individuals who were the object of a search and rescue response, unless the individual possesses a current hunting or fishing license, an OHRV, snowmobile, or boat registration, or a voluntary hike safe card issued by the department.

III. Establishing a voluntary hike safe card.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0296

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to funding for the fish and game search and rescue fund.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Fish and Game Violations; Fines; Search and Rescue Surcharge Added. Amend RSA 206:34 to read as follows:

206:34 Fines.

I. The court or justice of any court in which a complaint for a violation of any law or rule relating to fish, game, fur-bearing animals, or marine species, or any complaint brought by an employee of the fish and game department for any violation of RSA 215-A or RSA 215-C, is prosecuted shall, within 30 days after any fine or forfeiture is paid, remit the amount thereof to the executive director; provided, however, that from each fine collected by a municipal or district court, there shall be deducted $10 and 20 percent of that part of the fine which exceeds $10, and the same shall be disposed of as provided in [RSA 502:14 or] RSA 502-A:8.

I-a. Any court in which any fine is imposed for violations provided in paragraph I shall assess, in addition to any fine or forfeiture, the amount of $10 to be paid by the defendant for use by the fish and game department for search and rescue operations. The sums obtained from the levying of the surcharge under this paragraph shall be forwarded to the state treasurer to be deposited into the fish and game search and rescue fund established in RSA 206:42.

II. [Repealed.]

III. Any person charged with a violation of any provision of RSA title XVIII, excluding any offense for which the penalty is a misdemeanor or felony, may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear as directed by the court.

2 Search and Rescue Response Expenses. Amend RSA 206:26-bb, I to read as follows:

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.

I-a.(a) Without regard to the determination of liability under paragraph I, and notwithstanding RSA 153-A:24, any individual who was the object of a search and rescue response shall be assessed and liable for payment of the minimum flat fee under subparagraph (b) unless the individual shows proof of possessing a current version of any of the following:

(1) A hunting or fishing license issued by this state under Title XVIII.

(2) An OHRV registration under RSA 215-A, a snowmobile registration under RSA 215-C, or a boat registration under RSA 270-E.

(3) A voluntary hike safe card. The executive director shall adopt rules under RSA 541-A for the issuance to an individual who purchases on the department’s Internet site a hike safe card prior to the individual’s need for a search and rescue response. The one-time fee for a hike safe card shall be $18. The executive director shall forward to the state treasurer the amount of $15 from each hike safe card purchased for deposit in the fish and game search and rescue fund under RSA 206:42. A transaction fee of $3 shall be for the internet license agent under RSA 214-A:2.

(b)(1) For any rescue whose cost as determined by the department is between $500 - $999, the individual shall be charged a flat fee of $350.

(2) For any rescue whose cost as determined by the department is between $1,000 - $1,499, the individual shall be charged a flat fee of $600.

(3) For any rescue whose cost as determined by the department is $1,500 or greater, the individual shall be charged a flat fee of $1,000.

I-b. 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. No amount recovered under this section shall be subject to retention under RSA 7:15-a, IV(b).

3 Effective Date. This act shall take effect July 1, 2013.

LBAO

13-0296

01/14/13

HB 256-FN - FISCAL NOTE

AN ACT relative to funding for the fish and game search and rescue fund.

FISCAL IMPACT:

      The New Hampshire Fish and Game Department states this bill, as introduced, will increase state restricted revenue by an indeterminable amount in FY 2014 and each year thereafter. There is no fiscal impact on state, county, and local expenditures, or county and local revenue.

METHODOLOGY:

    The Fish and Game Department states this bill imposes a $10 fee for fish and game violations, to be deposited into the Fish and Game Search and Rescue Fund and used for the purpose of fish and game rescue operations. The Department states approximately 2,000 summonses are issued for fish and game violations each year, and estimates the fee will generate $20,000 annually. In addition, the bill requires that any individual who is the object of a search and rescue response be assessed and liable for a flat fee based on the cost of the search and rescue operation. All amounts recovered will be deposited into the Fish and Game Search and Rescue Fund. The bill establishes the following fees: for a search and rescue operation costing between $500 and $999, the fee shall be $350; for an operation costing between $1,000 and $1,499, the fee shall be $600; and for an operation costing $1,500 or more, the fee shall be $1,000. Based on Department-collected data from FY 2010 through FY 2012, the Department has determined the average number of yearly rescues in each cost category, and projects the bill will result in a revenue increase as follows:

Cost of S&R Operation

Fee Assessed

Average Number of Rescues per Year

Revenue

$0 - $499

None

65

0

$500 - $999

$350

36

$12,600

$1,000 - $1,499

$600

16

$9,600

$1,500+

$1,000

35

$35,000

   

Total Yearly Revenue:

$57,200

       

    The bill also establishes a voluntary “hike safe card,” which shall be available for a one-time fee of $18, of which $15 will go to the Fish and Game Search and Rescue Fund and $3 will be remitted to the license agent as a transaction fee. Individuals who have purchased a hike safe card will be exempt from the search and rescue fees described above. Also exempt will be those who can show proof of a hunting or fishing license, off-highway recreational vehicle registration, snowmobile registration, or boat registration issued by the state. The Department states it is unable to determine how many individuals will purchase the hike safe card, and is unable to estimate revenue resulting from issuance of the cards. In addition, the bill eliminates the portion of recovered costs deposited in a debt recovery fund for the purpose of reimbursing the Department of Justice for the cost of debt collection, and establishes instead that all recovered costs be deposited into the Fish and Game Search and Rescue Fund. The Fish and Game Department states it is unable to determine how much additional revenue this change may generate for the Rescue Fund.