S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2544

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sens.  LANZA, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Corporations,
  Authorities and Commissions

AN  ACT  to amend the not-for-profit corporation law and the vehicle and
  traffic law, in relation to the operation of fire patrols; and provid-
  ing for the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The not-for-profit corporation law is amended by adding a
new section 1413 to read as follows:
S 1413. FIRE PATROLS.
  (A) "FIRE PATROL" MEANS ANY ENTITY WHOSE SERVICES  INCLUDE  PROTECTING
LIFE AND PROPERTY THROUGH THE SAFE AND EFFICIENT MEANS OF MODERN SALVAGE
AND  PROPERTY  DAMAGE  MITIGATION  TECHNIQUES, OF SAVING OR REDUCING THE
LOSS OF PROPERTY EXPOSED TO WATER, SMOKE OR GASSES, AND THEREBY REDUCING
LOSSES TO PROPERTY OWNERS, AND OF OTHER PUBLIC BENEFITS,  INCLUDING  BUT
NOT  LIMITED  TO  ASSISTING FIRE DEPARTMENTS OR OTHER PUBLIC AGENCIES IN
THE COURSE OF THEIR RESPECTIVE  DUTIES  WHEN  DULY  AUTHORIZED  THEREBY,
SHALL  BE GOVERNED BY THIS CHAPTER AND SHALL BE KNOWN AS AND MAY USE THE
TERM "FIRE PATROL" OR "FIRE PATROLS" TO DESCRIBE SUCH ENTITY.  NO  OTHER
ENTITY  SHALL  USE SUCH TERMS.  ANY FIRE PATROL INCORPORATED ON OR AFTER
APRIL FIRST, TWO THOUSAND TEN SHALL ONLY OPERATE WITHIN  THE  BOUNDARIES
OF RICHMOND COUNTY.
  (B)  NOTHING  IN  THIS CHAPTER SHALL PERMIT ANY FIRE PATROL TO OPERATE
AND PROVIDE EMERGENCY RESPONSE SERVICES EXCEPT IN RESPONSE TO PROPERTIES
LOCATED COMPLETELY WITHIN THE BOUNDARIES OF RICHMOND COUNTY NOR TO OPER-
ATE AS A SUCCESSOR IN INTEREST TO ANY FIRE PATROL INCORPORATED OR  WHICH
OPERATED PRIOR TO APRIL FIRST, TWO THOUSAND TEN.
  (C)  FIRE  PATROLS,  IN THE EXECUTION OF THEIR PURPOSES, INCLUDING BUT
NOT LIMITED TO ASSISTING FIRE DEPARTMENTS OR OTHER  PUBLIC  AGENCIES  IN
THE COURSE OF THEIR RESPECTIVE DUTIES, SHALL HAVE THE POWER TO ENTER ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00030-01-5
              

S. 2544                             2

BUILDING  ON  FIRE  OR  WHICH  MAY BE EXPOSED TO OR IN DANGER OF LOSS OR
DAMAGE BY FIRE, SMOKE OR WATER, OR IN WHICH PROPERTY MAY BE IN DANGER OF
LOSS OR DAMAGE FROM FIRE, SMOKE OR WATER, AND TO PROTECT AND ENDEAVOR TO
SAVE  THE  PROPERTY THEREIN AND, WHEN NECESSARY, TO REMOVE SUCH PROPERTY
OR ANY PART THEREOF; PROVIDED, HOWEVER, THAT THE  OFFICER  OF  THE  FIRE
DEPARTMENT  OR  AGENCY  IN  CHARGE AT THE SCENE OF ANY FIRE OR EMERGENCY
EXPRESSLY PERMITS THE FIRE PATROL TO ENTER THE PROPERTY  PRIOR  TO  SUCH
ENTRY  AND SUCH ENTRY DOES NOT INTERFERE WITH THE ACTIONS OF THE MEMBERS
OF THE FIRE DEPARTMENT OR PUBLIC AGENCY TO  WHICH  THE  FIRE  PATROL  IS
RENDERING  ASSISTANCE,  AND THE FIRE PATROL SHALL IN ALL RESPECTS AND AT
ALL TIMES WHEN RENDERING ASSISTANCE TO A FIRE DEPARTMENT OR PUBLIC AGEN-
CY SHALL BE SUBORDINATE TO AND UNDER THE CONTROL OF THE FIRE  DEPARTMENT
OR  PUBLIC AGENCY TO WHICH ASSISTANCE IS RENDERED.  NOTHING HEREIN SHALL
LIMIT OR PROHIBIT THE FIRE PATROL SO OPERATING  TO  CONDUCT  EDUCATIONAL
PROGRAMS  OR  OTHER  NON-RESPONSE ACTIVITIES CONSISTENT WITH ITS MISSION
AND STANDING AS A DULY ORGANIZED AND  RECOGNIZED  NOT-FOR-PROFIT  CORPO-
RATION IN ANY OTHER PART OF THE STATE IN ADDITION TO RICHMOND COUNTY.
  S 2. Section 101 of the vehicle and traffic law, as amended by chapter
446 of the laws of 2003, is amended to read as follows:
  S  101.  Authorized emergency vehicle. Every ambulance, police vehicle
or bicycle, correction vehicle, fire vehicle, FIRE PATROL VEHICLE, civil
defense emergency vehicle, emergency ambulance  service  vehicle,  blood
delivery  vehicle,  county  emergency medical services vehicle, environ-
mental emergency response vehicle, sanitation patrol vehicle,  hazardous
materials  emergency  vehicle and ordnance disposal vehicle of the armed
forces of the United States.
  S 3. The opening paragraph of section 115-a of the vehicle and traffic
law, as amended by chapter 176 of the laws of 1973, is amended  to  read
as follows:
  Every  vehicle operated for fire service purposes owned and identified
as being owned by the state, a public authority, a county,  town,  city,
village  or  fire  district,  or  a  fire  corporation  subject  to  the
provisions of [subdivision] PARAGRAPH (e) of  section  fourteen  hundred
two  of  the  not-for-profit  corporation  law  [or],  a fire company as
defined in section one hundred of the general municipal law  OR  A  FIRE
PATROL  AS DEFINED IN PARAGRAPH (A) OF SECTION FOURTEEN HUNDRED THIRTEEN
OF THE NOT-FOR-PROFIT CORPORATION LAW.   Any of the  following  vehicles
shall  be  fire vehicles only for the purpose of section one hundred one
of this [chapter] ARTICLE:
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed 5 years after such date.