CHAPTER 166

HB 1268 - FINAL VERSION

04/14/2016   1288s

2016 SESSION

16-2256

10/03

HOUSE BILL 1268

AN ACT relative to liability for payment of expenses of search and rescue recovery by the fish and game department.

SPONSORS: Rep. Chandler, Carr. 1; Rep. Webb, Rock. 6; Rep. Sanders, Rock. 12; Rep. Goley, Hills. 8; Rep. McKinney, Rock. 5; Sen. Bradley, Dist 3; Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Forrester, Dist 2

COMMITTEE: Fish and Game and Marine Resources

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ANALYSIS

This bill clarifies the liability of persons requiring search and rescue response from the fish and game department for certain negligent, criminal, or reckless actions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/14/2016   1288s 16-2256

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to liability for payment of expenses of search and rescue recovery by the fish and game department.

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

166:1 Search and Recovery Response Expense Recovery; Application.  Amend the introductory paragraph of 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, unless the person shows proof of possessing a current version of any of the following:

166:2  New Paragraph; Search and Rescue Response Expenses;  Liability.  Amend RSA 206:26-bb by inserting after paragraph II the following new paragraph:

III.  Regardless of a person's possession of a document satisfying subparagraph I(a), (b), or (c), a person shall be liable to the department for search and rescue response expenses if the person is judged to have done any of the actions listed in RSA 153-A:24, I.

166:3  Effective Date.  This act shall take effect upon its passage.

Approved: June 3, 2016

Effective Date: June 3, 2016