Find Legal Information

149.180 Collection of costs of firefighting from person responsible for fire -- Disposition.

Download pdf

149.180 Collection of costs of firefighting from person responsible for fire -- Disposition. Whenever possible, the secretary for energy and environment shall collect the costs of <br>firefighting done and approved as provided in KRS 149.160, from the person responsible <br>for the origin of the fire by his negligence or intent. The recovered costs shall be <br>deposited in a special fund in the Energy and Environment Cabinet. The recovered costs <br>shall be repaid to the county in which the costs were incurred, if such county has fully <br>paid its annual assessment to the statewide system as provided for in KRS 149.540 for the <br>year in which the fire suppression costs were incurred. If a county is not eligible to <br>receive the recovered costs, the money shall be used by the Division of Forestry to <br>improve fire protection services. The funds so repaid to the county shall be placed in the <br>county forest fire protection fund provided for in KRS 149.590. Any money in the Energy <br>and Environment Cabinet's, or its predecessor's, special fund upon July 15, 1998, that <br>were not repaid to a county for having failed to fully pay its annual assessment, shall be <br>used by the Division of Forestry to improve fire protection services. In the event the <br>suppression cost is not collected, the Commonwealth's attorney of the county in which the <br>fire occurred shall institute and prosecute the necessary proceedings. Costs recovered <br>under this section shall be ordered to be paid directly to the Energy and Environment <br>Cabinet. The court shall not direct that the costs be paid through the circuit clerk. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 155, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 183, sec. 11, effective August 1, 2002. -- Amended 1998 Ky. Acts <br>ch. 169, sec. 5, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 142, sec. 5, <br>effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(3). -- <br>Amended 1966 Ky. Acts ch. 23, sec. 42. -- Amended 1948 Ky. Acts ch. 202, sec. 12. <br>-- Created 1946 Ky. Acts ch. 204, sec. 5.