N.Y. Environmental Conservation Law § 9-1121: Fire moneys and accounts

§ 9-1121. Fire moneys and accounts.

In order to carry into effect the provisions of this title the

following is prescribed:

1. Temporary loan. The State Comptroller shall have, subject to the

approval of the Governor, the authority to make, on behalf of the state

a temporary loan not exceeding one hundred thousand dollars in any

fiscal year, for the use of the department in protecting the forests and

extinguishing fires as provided by title 11 of this article upon the

certification of the department that any emergency exists whereby

through insufficiency of appropriations it is found to be impossible to

protect the forests from fire. The Comptroller shall thereupon borrow

such sums as may be directed by the Governor for such purposes and shall

report such transactions to the legislature which shall thereupon

appropriate the moneys borrowed. Section 41 of the State Finance Law

shall not apply to any indebtedness so incurred.

2. Payment of fire bills. All salaries and other expenses incurred by

the department and its employees in protecting the forests from fire

shall be paid by the state.

3. Rebate by counties. The full expense incurred by a town supervisor

acting as superintendent of fires as provided in subdivision twelve of

section twenty-nine of the town law and paid by the town in

extinguishing fires actually burning except salaries and expenses of

regular employees shall be a charge upon the county in which the fire

burned provided that the county has within its borders any fire town or

fire district as provided in subdivision 1 or 2 of section 9-1109 of

this title and provided that no part of the expenses incurred in

extinguishing fires on Indian reservations located in Cattaraugus or

Suffolk county shall be a charge upon or payable by such counties. The

supervisors acting as superintendents of fires shall on or before

September first, of each year, transmit to the clerk of the board of

supervisors or county legislative body of each county in which such

expense of extinguishing fires was incurred, a summary statement of

expenses incurred together with the amount charged against the county,

except that a detailed statement of expenses shall be furnished for any

designated fire or fires when so requested by a county. The clerk shall

thereupon cause the amount due to the town to be included in the budget

and levied upon the taxable property of such county at the same time and

in the same manner as other county charges, and the amount due the town

so levied shall be paid by the County Treasurer, on or before May first

following the levy thereof to the town supervisor according to such

claim.

4. May pay accounts. If any person incurs expenses fighting forest

fires in a fire town, or in a town included in a fire district as

defined in subdivision 2 of section 9-1109, the department may upon the

receipt of satisfactory proof and accounts filed in its offices within

sixty days from the time the expense was incurred audit and pay all or

such portion thereof as in its judgment the public interest requires.

5. Recovery of expenses. Any moneys necessarily expended by the state,

a municipality, or any person in fighting forest fires may be sued for

by the state, municipality or person expending the same and recovered

from the person causing the fire. Such actions may be maintained in

addition to other actions for damages or penalties and may be demanded

in the same or separate actions.

6. Certain towns raise fire fund. Towns other than fire towns may

raise necessary funds for prevention and extinguishment of forest fires

in their towns either by levy or pursuant to the Local Finance Law.

7. Advance by Comptroller. Upon request of the department, the

Comptroller may advance a sum, not to exceed five thousand dollars at

any time, to the department for the purpose of facilitating payment of

fire accounts.