Fish and Game asks to revoke driver's licenses to collect hiking rescue debts
Jan. 10—CONCORD — Fish and Game officials want to be able to suspend or revoke the driver's license of negligent hikers who refuse to pay when billed for the cost of a search and rescue mission.
In 2008, the Legislature gave the Fish and Game Department the power to seek repayment from "reckless" hikers for the money spent rescuing them.
But the state Division of Motor Vehicles concluded that language in existing law about suspending a driver's license was vague and not enforceable, said Col. Kevin Jordan, who heads Fish and Game's law enforcement division.
Fish and Game requested new legislation, SB 13, to help collect from hikers who refuse to pay. Fish and Game presently is seeking payment of about $80,000 in 20 cases dating back more than two years.
SB 13 would require the agency to "certify" to the DMV that the hiker has failed to respond to repeated attempts to start paying for their rescue.
Of the 200 rescue missions a year, Jordan said these scofflaw cases represent "less than 10" annually.
"In court fines and default situations, you will not collect unless you take this action," Jordan told the Senate Energy and Natural Resources Committee Tuesday.
"There are a handful of people, and these are the worst that we deal with," he said.
Jordan said Fish and Game does not seek repayment in cases of a hiking fatality, if the hiker has a hunting/fishing or recreational vehicle license or has bought a "Hike Safe" card for $25, which insures against paying any cost for a rescue.
Jordan said about half of the reckless-hiker rescue missions involve New Hampshire residents, evenly split between male and female.
"I have to believe the fact we can do this does cause some people to pause and be responsible," Jordan said.
ACLU-NH: Law won't help
The American Civil Liberties Union of New Hampshire opposes the bill. ACLU lobbyist Lily Jackson insisted there's no evidence that pursuing the debt this way will lead to more prompt payment.
Taking someone's right to drive can render them unemployed and thus unable to pay any judgment, she said.
"Debt-based driver license suspension unnecessarily ensnares people into the criminal justice system," Jackson said.
The Senate panel voted 4-0 to recommend passage of the bill.
"I expect they will do this only in circumstances where there is no other alternative," said state Sen. David Watters, D-Dover, the bill's prime sponsor.
Sen. Regina Birdsell, R-Hampstead, said scofflaw hikers were like "habitual offenders" in that they have resisted state attempts to negotiate an acceptable method of repayment.
"This is kind of a last resort," she said.
Once a hiker enters into a monthly agreement to pay the state some money, Jordan said the agency would ask the DMV to lift the suspension of that driver's license.