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This entry was published on 2014-09-22
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SECTION 9-1121
Fire moneys and accounts
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 9, TITLE 11
§ 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

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.