Authorizes certain organizations in a city of one million or more to be known as "fire patrols" under the not-for-profit corporation law and includes fire patrol vehicles as emergency vehicles under the vehicle and traffic law.

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S5573D-2011 Actions

• Jun 21, 2012: referred to codes
• Jun 21, 2012: DELIVERED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 18, 2012: AMENDED ON THIRD READING 5573D
• Jun 13, 2012: ORDERED TO THIRD READING CAL.1224
• Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 11, 2012: PRINT NUMBER 5573C
• Jun 11, 2012: AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Mar 9, 2012: PRINT NUMBER 5573B
• Mar 9, 2012: AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 23, 2012: PRINT NUMBER 5573A
• Jan 23, 2012: AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 17, 2011: referred to corporations, authorities and commissions
• Jun 17, 2011: DELIVERED TO ASSEMBLY
• Jun 17, 2011: PASSED SENATE
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1258
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 2, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S5573D-2011 Calendars

Active List: Jun 21, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S5573D-2011 Votes

S5573D-2011 Memo

BILL NUMBER:S5573D

TITLE OF BILL:
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
providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
Authorizes certain organizations to be known as "fire patrols" under
the not-for-profit corporation law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. A new section, � 1413 is added to the not-for-profit
corporation law.

Section 2. � 101 of the vehicle and traffic law is amended.

Section 3. � 115-a of the vehicle and traffic law is amended.

Section 4. Effective date.

JUSTIFICATION:
Fire patrols operated throughout New York and the nation as parts of
boards of fire underwriters. With the dissolution of the New York
Board of Fire Underwriters in 2010, the New York Fire patrol-which
suspended operations in 2006--ceased to exist.  However, a number of
private, non-profit fire patrols still operate throughout the State
assisting fire departments, other public safety agencies and property
owners with property protection against impacts from fire, smoke and
water. This bill provides that a fire patrol operating in a city of
one million or more shall be limited in its response authority to the
city, however may provide educational programs or other non-response
activities. Thus the bill restores several of the powers once enjoyed
by the former fire patrols.

PRIOR LEGISLATIVE HISTORY:
2011: S.5573 - Passed Senate/A.8117 - Referred to Corporations,
Authorities and Commissions.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed 5 years after such date.

S5573D-2011 Text

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

                                   5573--D
      Cal. No. 1224

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 2, 2011
                                 ___________

  Introduced  by  Sens.  LANZA,  ADDABBO, GOLDEN, SAVINO -- read twice and
    ordered printed, and when printed to be committed to the Committee  on
    Corporations,  Authorities  and  Commissions  --  recommitted  to  the
    Committee on Corporations, Authorities and Commissions  in  accordance
    with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
    ordered reprinted as amended and  recommitted  to  said  committee  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee -- committee discharged,  bill  amended,
    ordered  reprinted  as  amended  and  recommitted to said committee --
    committee discharged and said bill committed to the Committee on Rules
    -- ordered to a third reading, amended and ordered reprinted,  retain-
    ing its place in the order of third reading

  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) ANY ORGANIZATION INCORPORATED  ON OR AFTER APRIL FIRST, TWO  THOU-
  SAND  TEN  UNDER  THIS  CHAPTER  FOR THE PURPOSES OF 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 ENTI-
  TY SHALL USE SUCH TERMS, UNLESS IT IS AUTHORIZED BY OR ASSOCIATED WITH A

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11834-10-2

 S. 5573--D                          2

  FIRE DEPARTMENT, FIRE DISTRICT OR MUNICIPALITY.  PROVIDED, HOWEVER, THAT
  ANY  FIRE  PATROL INCORPORATED ON OR AFTER APRIL FIRST, TWO THOUSAND TEN
  SHALL ONLY OPERATE WITHIN THE BOUNDARIES OF A CITY  OF  ONE  MILLION  OR
  MORE.
    (B)  NOTHING  IN  THIS  CHAPTER SHALL PRECLUDE ANY ENTITY INCORPORATED
  PRIOR TO APRIL FIRST, TWO THOUSAND TEN AND ORGANIZED UNDER THIS  CHAPTER
  OR  ITS PREDECESSOR ARTICLES, FOR PURPOSES SIMILAR TO THOSE IN PARAGRAPH
  (A) OF THIS SECTION AND ACTIVELY OPERATING AS OF THE EFFECTIVE  DATE  OF
  THIS  SECTION  WITH  SUCH  PURPOSES AND UNDER THE NAME OF A FIRE PATROL,
  FROM HOLDING ITSELF OUT AS A FIRE PATROL AS THAT TERM IS DEFINED IN THIS
  CHAPTER.
    (C) FIRE PATROLS, IN THE EXECUTION OF ITS 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
  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 PROVISIONS OF THIS
  PARAGRAPH SHALL NOT WARRANT ANY INTERFERENCE 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
  AGENCY SHALL BE SUBORDINATE TO AND UNDER THE CONTROL OF THE FIRE DEPART-
  MENT  OR PUBLIC AGENCY TO WHICH ASSISTANCE IS RENDERED; PROVIDED FURTHER
  THAT ANY FIRE PATROL THAT OPERATES WITHIN A CITY OF ONE MILLION OR  MORE
  SHALL  BE  LIMITED  IN  ITS RESPONSE AUTHORITY TO SAID CITY, BUT 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-PRO-
  FIT CORPORATION IN ANY OTHER PART OF THE STATE IN ADDITION TO SAID CITY.
    (D) ANY VEHICLE AFFILIATED WITH A FIRE PATROL SHALL BE DEEMED TO BE  A
  FIRE VEHICLE AND THEREBY AN EMERGENCY VEHICLE AS DEFINED IN SECTIONS ONE
  HUNDRED ONE AND ONE HUNDRED FIFTEEN-A OF THE VEHICLE AND TRAFFIC LAW AND
  GOVERNED  BY  SECTION  ELEVEN  HUNDRED FOUR OF SUCH LAW. THE VEHICLES OF
  SUCH FIRE PATROL SHALL ALSO BE DEEMED TO BE EMERGENCY VEHICLES  FOR  THE
  PURPOSES  OF  SECTION  TWO  THOUSAND  THREE HUNDRED THIRTY-FIVE-A OF THE
  INSURANCE LAW.
    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

 S. 5573--D                          3

  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.