New Hampshire Revised Statutes 227-L:22 – Municipal Fire Control Payments; Apportionment of Expenses
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I. The expenses of presuppression and suppression of woodland fires in municipalities, and other expenses lawfully incurred by wardens and deputy wardens of municipalities in preventing woodland fires, shall be borne equally by the municipality and the state, except as otherwise provided in this chapter, and except that when in any one municipal fiscal year the net total of sums required for the presuppression, suppression, and prevention of woodland fires, excluding the initial cost of firefighting equipment, to be so borne by such municipality, computed at rates within limits established by the commissioner and the director, shall equal
1/4 of one percent of the latest equalized locally assessed valuation on such municipality, expenses incurred in excess of such sum shall be borne entirely by the state on the basis of the rate limits specified in this paragraph. The provisions of this section shall not apply to expenses incurred in fighting any woodland fire when, as determined by the commissioner, such fire was caused either by the negligence of the town or of its agents; or in cases in which there is negligence on the part of the town or its agents in collecting expenses from violators under N.H. Rev. Stat. § 227-L:17, V. Any determination of the commissioner under the provisions of the preceding sentence shall be subject to rehearing and appeal as provided in RSA 541.
II. The warden shall render to the selectmen or the mayor or the authorized city department, on blanks prepared by the director, a statement of the expenses under paragraph I, incurred by the municipality, or aiding municipality which had responded upon request, as soon as possible after they are incurred, showing in detail the amount and character of the services performed, including the costs of services rendered by volunteers, the exact duration of the service, and all disbursements made by the warden or wardens, and bearing the approval of the warden, and of the deputy warden if the expenses were incurred by the warden’s authority.
III. Upon receipt of the statement, the selectmen of towns and mayors of cities, if the bill is approved, shall draw an order upon the treasurer for payment to each person employed of the amount of compensation due or to the warden for the total amount of the bill as approved, as the selectmen or mayor may determine. If payment is made to the warden, the warden shall forthwith pay to each person employed the amount of compensation due. The account of the warden shall be audited and included in the town report.
IV. Bills incurred in rendering aid to another town after having been paid in the first instance as prescribed in paragraph III shall, within 30 days of the date the aid was rendered, be presented for reimbursement to the town receiving the aid.
V. A duplicate bill, showing that the bill has been audited and paid by the municipality, shall be filed by the selectmen or the mayor with the director within 60 days of the date in which the expenses were incurred. If the director finds the expenses to be reasonable, the director shall forward the bill to the state treasurer as approved, and the governor shall draw a warrant on the state treasury in favor of the municipality for the portion of the bill for which the state is liable in accordance with the provisions of this section from any money in the treasury not otherwise appropriated. The state, however, shall not reimburse municipalities or unorganized places at a rate in excess of that established from time to time by the commissioner and the director, nor shall the state be responsible for reimbursement to municipalities for such bills upon failure to render the bills within 60 days of the date expenses were incurred.
VI. If any such bill is not paid by a municipality within 30 days from the date rendered by the warden, the director may investigate the cause and may issue an order for payment. Upon receipt of the order, the bill shall be paid forthwith by the municipality.
1/4 of one percent of the latest equalized locally assessed valuation on such municipality, expenses incurred in excess of such sum shall be borne entirely by the state on the basis of the rate limits specified in this paragraph. The provisions of this section shall not apply to expenses incurred in fighting any woodland fire when, as determined by the commissioner, such fire was caused either by the negligence of the town or of its agents; or in cases in which there is negligence on the part of the town or its agents in collecting expenses from violators under N.H. Rev. Stat. § 227-L:17, V. Any determination of the commissioner under the provisions of the preceding sentence shall be subject to rehearing and appeal as provided in RSA 541.
Terms Used In New Hampshire Revised Statutes 227-L:22
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the commissioner of the department of natural and cultural resources. See New Hampshire Revised Statutes 227-G:2
- Department: means the department of natural and cultural resources. See New Hampshire Revised Statutes 227-G:2
- Director: means the director of the division of forests and lands, department of natural and cultural resources, also known as the state forester. See New Hampshire Revised Statutes 227-G:2
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Woodland: includes cut-over land, slash, and such other land as bears a sufficient amount of wood growth, wood, weeds, grass, or other growth as to be likely to be burned. See New Hampshire Revised Statutes 227-G:2
II. The warden shall render to the selectmen or the mayor or the authorized city department, on blanks prepared by the director, a statement of the expenses under paragraph I, incurred by the municipality, or aiding municipality which had responded upon request, as soon as possible after they are incurred, showing in detail the amount and character of the services performed, including the costs of services rendered by volunteers, the exact duration of the service, and all disbursements made by the warden or wardens, and bearing the approval of the warden, and of the deputy warden if the expenses were incurred by the warden’s authority.
III. Upon receipt of the statement, the selectmen of towns and mayors of cities, if the bill is approved, shall draw an order upon the treasurer for payment to each person employed of the amount of compensation due or to the warden for the total amount of the bill as approved, as the selectmen or mayor may determine. If payment is made to the warden, the warden shall forthwith pay to each person employed the amount of compensation due. The account of the warden shall be audited and included in the town report.
IV. Bills incurred in rendering aid to another town after having been paid in the first instance as prescribed in paragraph III shall, within 30 days of the date the aid was rendered, be presented for reimbursement to the town receiving the aid.
V. A duplicate bill, showing that the bill has been audited and paid by the municipality, shall be filed by the selectmen or the mayor with the director within 60 days of the date in which the expenses were incurred. If the director finds the expenses to be reasonable, the director shall forward the bill to the state treasurer as approved, and the governor shall draw a warrant on the state treasury in favor of the municipality for the portion of the bill for which the state is liable in accordance with the provisions of this section from any money in the treasury not otherwise appropriated. The state, however, shall not reimburse municipalities or unorganized places at a rate in excess of that established from time to time by the commissioner and the director, nor shall the state be responsible for reimbursement to municipalities for such bills upon failure to render the bills within 60 days of the date expenses were incurred.
VI. If any such bill is not paid by a municipality within 30 days from the date rendered by the warden, the director may investigate the cause and may issue an order for payment. Upon receipt of the order, the bill shall be paid forthwith by the municipality.