NY Env Conserv L § 9-1121 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 11 - Forest Fire Control 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.