NY Env Conserv L § 71-0507 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 5 - Enforcement of Provisions Derived From Former Conservation Law 71-0507 - Actions for Penalties Generally.

§ 71-0507. Actions for penalties generally.1.  Actions  for  penalties  for  violation  of any provisions of this   chapter listed in section 71-0501 or under titles 5 through 15 inclusive   and title 33 of this article, except as otherwise expressly provided,a. Shall be in the name of the "People of the State of New York";b. Must be brought on order of the department; andc. May  be  compromised,  settled  and  discontinued  as  provided  in   sections 71-0505 and 71-0519 and subdivision 11 of section 11-0505.2. Such actions, if in justices' courts, may be brought in any town of   the  county  in  which  the  penalty  is  incurred, or, if the defendant   resides in another county, in any  town  of  the  county  in  which  the   defendant resides.3.  Moneys  received  by  a  town  justice or a village justice in any   action for a penalty brought under the provisions of this chapter listed   in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon   the settlement or compromise thereof, or a fine for a violation  of  the   provisions  of  this  chapter  listed  in  section  71-0501 and titles 5   through 15 inclusive and title 33 of this article shall be paid  to  the   State  Comptroller as provided in section 27 of the Town Law and section   4-410 of the village  law.  From  the  moneys  so  received,  the  State   Comptroller  shall  pay  all  lawful  fees for services rendered in such   actions when instituted by order of the department or  upon  information   of  a conservation officer, regional and assistant regional conservation   officer, special game protector,  district  ranger,  forest  ranger,  or   member  of  the  state  police.  The balance of such moneys arising from   penalties under articles 11 or 13 or title 9 of this article or upon the   settlement or compromise thereof or from fines for violations of any  of   the provisions of articles 11 or 13 or title 9 of this article after the   payment  of  lawful  fees  shall  be  credited by the Comptroller to the   conservation fund. The Comptroller shall adjust and settle  his  account   with the conservation fund in the manner provided by section 99-a of the   State Finance Law. The balance of all other such moneys after payment of   lawful fees shall be credited by the Comptroller to the general fund.4. All moneys received by any other person or court in an action for a   penalty  brought  under the provisions of this chapter listed in section   71-0501 and titles 5 through 15 inclusive and title 33 of  this  article   or  upon the settlement or compromise thereof, or a fine for a violation   of the provisions of this chapter listed in section 71-0501 and titles 5   through 15 inclusive and title 33 of this article, shall be paid by such   person or court to the  department  within  thirty  days  after  receipt   thereof.  The  department  shall  pay the expenses of collection and the   lawful fees of magistrates and  constables  for  services  performed  in   criminal  actions  brought  upon  information of a conservation officer,   regional and  assistant  regional  conservation  officer,  special  game   protector,  district  ranger,  forest  ranger,  or  member  of the state   police. Such moneys derived from fines or penalties  for  violations  of   articles  11  or 13 or title 9 of this article or from the settlement or   compromise thereof shall be paid by the department to  the  Commissioner   of Taxation and Finance and credited to the conservation fund. All other   moneys  so  received by the department shall be paid to the Commissioner   of Taxation and Finance and credited to the general fund.