SB 13-FN - AS INTRODUCED
2023 SESSION
23-0694
04/10
SENATE BILL 13-FN
AN ACT relative to recovery of search and rescue expenses.
SPONSORS: Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Sen. Ward, Dist 8; Sen. Gendreau, Dist 1; Rep. Sykes, Graf. 14
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill amends the procedure for suspension or revocation of a driver's license for nonpayment of search and rescue recovery expenses and provides for an appeal of such decision.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0694
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to recovery of search and rescue expenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fish and Game; Search and Rescue Response Expenses. Amend RSA 206:26-bb, II(c) to read as follows:
(c) [Notify] Certify to the director of motor vehicles of such person's nonpayment and request suspension of the person's driver's license, or driving privileges, or deny the issuance or renewal of the person’s driver’s license, pursuant to RSA 263:56, 21 days after providing the notice required by paragraph IV.
2 New Paragraphs; Fish and Game; Search and Rescue Response Expenses. Amend RSA 206:26-bb by inserting after paragraph III the following new paragraphs:
IV. The department shall give notice to a person who has failed to make payment under paragraph I, informing the person of the department’s intention to certify the person’s nonpayment to the director of motor vehicles. Service of such notice shall be deemed legally sufficient, if mailed first class to the person’s last known address or as otherwise provided by law. Notice shall include:
(a) A statement indicating that certification of the person for nonpayment pursuant to this section may result in the director of motor vehicles suspending the person’s driver’s license or driving privileges or refusing to issue or reissue any appropriate license or licenses; and
(b) A statement of the procedures available to the person for contesting certification to the director of motor vehicles, which shall include notice of the process available to the person for administrative review.
V. The department may certify in writing the person’s nonpayment to the director of motor vehicles 21 days after issuing notice pursuant to paragraph IV. If the person contests the certification under subparagraph (a), the department shall stay the certification action until the conclusion of any administrative review and appeal in accordance with this section. The person may contest certification as follows:
(a) The person may request an administrative review to contest the certification. A request for administrative review shall be made in writing and received by the department within 21 days of service of the notice pursuant to paragraph IV. The request shall include all grounds for disputing the department’s findings and any supporting evidence. The issues that may be considered on review are limited to mistake of fact and computation of the search and rescue response expenses. A written decision on the administrative review shall be issued within 20 days of receipt of the request for administrative review.
(b) Within 30 days of the written decision pursuant to the administrative review, the person may appeal the decision to the superior court in the county in which the person resides. Such appeal shall be restricted to a review of the record. Upon review of the record, the court in its discretion may request the submission of additional evidence and order a hearing on the additional evidence.
3 New Paragraph; Drivers Licenses; Suspension or Revocation for Default, Noncompliance, or Nonpayment of Fine. Amend RSA 263:56-a by inserting after paragraph I-a the following new paragraph:
I-b. A person who has failed to make payment after having been determined to be liable for the cost of a search and rescue response by the department of fish and game, pursuant to RSA 206:26-bb, shall be subject to the suspension or revocation of his or her driver’s license or driving privileges, or denial of issuance or renewal of such license, pursuant to this section. The director may deny, suspend, or revoke a driver’s license or driving privileges until such time as the department of fish and game has informed the division of payment for any outstanding liability for the cost of a search and rescue response.
4 Effective Date. This act shall take effect 60 days after its passage.
23-0694
12/28/22
SB 13-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to recovery of search and rescue expenses.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $16,000 | $0 | $0 | $0 |
Funding Source: | [ ] General [ ] Education [ X ] Highway [ X ] Other - Cost of Collection/Administration* and Search and Rescue Expense Recovery | |||
*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue. | ||||
METHODOLOGY:
This bill will allow the Fish and Game Department to request to the Division of Motor Vehicles that a person’s driver’s license or license privilege be suspended for failure to pay search and rescue response expenses. The proposed change will also update RSA 263:56-a to give the Division of Motor Vehicles the authority to suspend a person’s license, and/or license privilege for non-payment of search and rescue response expenses. The Department of Safety states this bill’s impact on state revenue is indeterminable as there is no way to estimate how many people would have their privilege suspended long enough to require the restoration fee of $100 be paid. Additionally, the Department of Safety states it will incur one-time expenditures in FY 2023 (to prepare for the bill's effective date of 60 days after passage) of approximately $16,000 to make the necessary changes to the DMV VISION system and develop the process to be able to support and manage these suspensions.
The Fish and Game Department states this bill will have no impact on its budget, and it is unclear to what extent this bill will have on search and rescue expense recovery efforts, if any.
AGENCIES CONTACTED:
Fish and Game Department and Department of Safety