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.
Ayes (59): Adams, Addabbo, Alesi, Avella, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Ball
Excused (2): Espaillat, Huntley
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EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed 5 years after such date.
STATE OF NEW YORK ________________________________________________________________________ 5573--D Cal. No. 1224 2011-2012 Regular Sessions IN 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 AEXPLANATION--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 FIRES. 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.