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