§ 71-0507. Actions for penalties generally.

1. Actions for penalties for violation of any provisions of this
chapter listed in section 71-0501 or under titles 5 through 15 inclusive
and title 33 of this article, except as otherwise expressly provided,

a. Shall be in the name of the "People of the State of New York";

b. Must be brought on order of the department; and

c. May be compromised, settled and discontinued as provided in
sections 71-0505 and 71-0519 and subdivision 11 of section 11-0505.

2. Such actions, if in justices' courts, may be brought in any town of
the county in which the penalty is incurred, or, if the defendant
resides in another county, in any town of the county in which the
defendant resides.

3. Moneys received by a town justice or a village justice in any
action for a penalty brought under the provisions of this chapter listed
in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
the settlement or compromise thereof, or a fine for a violation of the
provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article shall be paid to the
State Comptroller as provided in section 27 of the Town Law and section
4-410 of the village law. From the moneys so received, the State
Comptroller shall pay all lawful fees for services rendered in such
actions when instituted by order of the department or upon information
of a conservation officer, regional and assistant regional conservation
officer, special game protector, district ranger, forest ranger, or
member of the state police. The balance of such moneys arising from
penalties under articles 11 or 13 or title 9 of this article or upon the
settlement or compromise thereof or from fines for violations of any of
the provisions of articles 11 or 13 or title 9 of this article after the
payment of lawful fees shall be credited by the Comptroller to the
conservation fund. The Comptroller shall adjust and settle his account
with the conservation fund in the manner provided by section 99-a of the
State Finance Law. The balance of all other such moneys after payment of
lawful fees shall be credited by the Comptroller to the general fund.

4. All moneys received by any other person or court in an action for a
penalty brought under the provisions of this chapter listed in section
71-0501 and titles 5 through 15 inclusive and title 33 of this article
or upon the settlement or compromise thereof, or a fine for a violation
of the provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article, shall be paid by such
person or court to the department within thirty days after receipt
thereof. The department shall pay the expenses of collection and the
lawful fees of magistrates and constables for services performed in
criminal actions brought upon information of a conservation officer,
regional and assistant regional conservation officer, special game
protector, district ranger, forest ranger, or member of the state
police. Such moneys derived from fines or penalties for violations of
articles 11 or 13 or title 9 of this article or from the settlement or
compromise thereof shall be paid by the department to the Commissioner
of Taxation and Finance and credited to the conservation fund. All other
moneys so received by the department shall be paid to the Commissioner
of Taxation and Finance and credited to the general fund.