§ 9-1121 — Fire moneys and accounts

§ 9-1121. Fire moneys and accounts.\n In order to carry into effect the provisions of this title the\nfollowing is prescribed:\n 1. Temporary loan. The State Comptroller shall have, subject to the\napproval of the Governor, the authority to make, on behalf of the state\na temporary loan not exceeding one hundred thousand dollars in any\nfiscal year, for the use of the department in protecting the forests and\nextinguishing fires as provided by title 11 of this article upon the\ncertification of the department that any emergency exists whereby\nthrough insufficiency of appropriations it is found to be impossible to\nprotect the forests from fire. The Comptroller shall thereupon borrow\nsuch sums as may be directed by the Governor for such purposes and shall\nreport such transactions to the legislature which shall thereupon\nappropriate the moneys borrowed. Section 41 of the State Finance Law\nshall not apply to any indebtedness so incurred.\n 2. Payment of fire bills. All salaries and other expenses incurred by\nthe department and its employees in protecting the forests from fire\nshall be paid by the state.\n 3. Rebate by counties. The full expense incurred by a town supervisor\nacting as superintendent of fires as provided in subdivision twelve of\nsection twenty-nine of the town law and paid by the town in\nextinguishing fires actually burning except salaries and expenses of\nregular employees shall be a charge upon the county in which the fire\nburned provided that the county has within its borders any fire town or\nfire district as provided in subdivision 1 or 2 of section 9-1109 of\nthis title and provided that no part of the expenses incurred in\nextinguishing fires on Indian reservations located in Cattaraugus or\nSuffolk county shall be a charge upon or payable by such counties. The\nsupervisors acting as superintendents of fires shall on or before\nSeptember first, of each year, transmit to the clerk of the board of\nsupervisors or county legislative body of each county in which such\nexpense of extinguishing fires was incurred, a summary statement of\nexpenses incurred together with the amount charged against the county,\nexcept that a detailed statement of expenses shall be furnished for any\ndesignated fire or fires when so requested by a county. The clerk shall\nthereupon cause the amount due to the town to be included in the budget\nand levied upon the taxable property of such county at the same time and\nin the same manner as other county charges, and the amount due the town\nso levied shall be paid by the County Treasurer, on or before May first\nfollowing the levy thereof to the town supervisor according to such\nclaim.\n 4. May pay accounts. If any person incurs expenses fighting forest\nfires in a fire town, or in a town included in a fire district as\ndefined in subdivision 2 of section 9-1109, the department may upon the\nreceipt of satisfactory proof and accounts filed in its offices within\nsixty days from the time the expense was incurred audit and pay all or\nsuch portion thereof as in its judgment the public interest requires.\n 5. Recovery of expenses. Any moneys necessarily expended by the state,\na municipality, or any person in fighting forest fires may be sued for\nby the state, municipality or person expending the same and recovered\nfrom the person causing the fire. Such actions may be maintained in\naddition to other actions for damages or penalties and may be demanded\nin the same or separate actions.\n 6. Certain towns raise fire fund. Towns other than fire towns may\nraise necessary funds for prevention and extinguishment of forest fires\nin their towns either by levy or pursuant to the Local Finance Law.\n 7. Advance by Comptroller. Upon request of the department, the\nComptroller may advance a sum, not to exceed five thousand dollars at\nany time, to the department for the purpose of facilitating payment of\nfire accounts.\n