§ 71-0507 — Actions for penalties generally

§ 71-0507. Actions for penalties generally.\n 1. Actions for penalties for violation of any provisions of this\nchapter listed in section 71-0501 or under titles 5 through 15 inclusive\nand title 33 of this article, except as otherwise expressly provided,\n a. Shall be in the name of the "People of the State of New York";\n b. Must be brought on order of the department; and\n c. May be compromised, settled and discontinued as provided in\nsections 71-0505 and 71-0519 and subdivision 11 of section 11-0505.\n 2. Such actions, if in justices' courts, may be brought in any town of\nthe county in which the penalty is incurred, or, if the defendant\nresides in another county, in any town of the county in which the\ndefendant resides.\n 3. Moneys received by a town justice or a village justice in any\naction for a penalty brought under the provisions of this chapter listed\nin section 71-0501 of titles 5 through 15 inclusive and title 33 or upon\nthe settlement or compromise thereof, or a fine for a violation of the\nprovisions of this chapter listed in section 71-0501 and titles 5\nthrough 15 inclusive and title 33 of this article shall be paid to the\nState Comptroller as provided in section 27 of the Town Law and section\n4-410 of the village law. From the moneys so received, the State\nComptroller shall pay all lawful fees for services rendered in such\nactions when instituted by order of the department or upon information\nof a conservation officer, regional and assistant regional conservation\nofficer, special game protector, district ranger, forest ranger, or\nmember of the state police. The balance of such moneys arising from\npenalties under articles 11 or 13 or title 9 of this article or upon the\nsettlement or compromise thereof or from fines for violations of any of\nthe provisions of articles 11 or 13 or title 9 of this article after the\npayment of lawful fees shall be credited by the Comptroller to the\nconservation fund. The Comptroller shall adjust and settle his account\nwith the conservation fund in the manner provided by section 99-a of the\nState Finance Law. The balance of all other such moneys after payment of\nlawful fees shall be credited by the Comptroller to the general fund.\n 4. All moneys received by any other person or court in an action for a\npenalty brought under the provisions of this chapter listed in section\n71-0501 and titles 5 through 15 inclusive and title 33 of this article\nor upon the settlement or compromise thereof, or a fine for a violation\nof the provisions of this chapter listed in section 71-0501 and titles 5\nthrough 15 inclusive and title 33 of this article, shall be paid by such\nperson or court to the department within thirty days after receipt\nthereof. The department shall pay the expenses of collection and the\nlawful fees of magistrates and constables for services performed in\ncriminal actions brought upon information of a conservation officer,\nregional and assistant regional conservation officer, special game\nprotector, district ranger, forest ranger, or member of the state\npolice. Such moneys derived from fines or penalties for violations of\narticles 11 or 13 or title 9 of this article or from the settlement or\ncompromise thereof shall be paid by the department to the Commissioner\nof Taxation and Finance and credited to the conservation fund. All other\nmoneys so received by the department shall be paid to the Commissioner\nof Taxation and Finance and credited to the general fund.\n