senate Bill S5573

Amended

Authorizes certain organizations in a city of one million or more to be known as "fire patrols" under the not-for-profit corporation law

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Jun / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1258
  • 17 / Jun / 2011
    • PASSED SENATE
  • 17 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 23 / Jan / 2012
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 23 / Jan / 2012
    • PRINT NUMBER 5573A
  • 09 / Mar / 2012
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 09 / Mar / 2012
    • PRINT NUMBER 5573B
  • 11 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 11 / Jun / 2012
    • PRINT NUMBER 5573C
  • 13 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1224
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING 5573D
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO CODES

Summary

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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Bill Details

See Assembly Version of this Bill:
A8117
Versions:
S5573
S5573A
S5573B
S5573C
S5573D
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1413, N-PC L; amd §§101 & 115-a, V & T L

Sponsor Memo

BILL NUMBER:S5573

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

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 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 certain rights and
restrictions upon such operations, restoring several of the powers
once enjoyed by the former fire patrols.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  5573

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 2, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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

  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 PATROLS" TO DESCRIBE SUCH ENTITY.
  (B)  NOTHING  IN  THIS  CHAPTER SHALL PRECLUDE ANY ENTITY IN EXISTENCE
PRIOR TO APRIL FIRST, TWO THOUSAND TEN AND ORGANIZED UNDER THIS  CHAPTER
OR  ITS  PREDECESSOR ARTICLES, FOR PURPOSES SIMILAR TO THOSE IN SUBDIVI-
SION (A) OF THIS SECTION AND OPERATING AS OF THE EFFECTIVE DATE OF  THIS
SECTION  UNDER  THE  NAME OF A FIRE PATROL, FROM HOLDING ITSELF OUT AS A
FIRE PATROL AS THAT TERM IS DEFINED IN THIS SECTION.
  (C) FIRE PATROLS, IN THE EXECUTION OF ITS PURPOSES, INCLUDING BUT  NOT
LIMITED  TO  ASSISTING  FIRE DEPARTMENTS OR OTHER PUBLIC AGENCIES, 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-01-1

S. 5573                             2

AND  TO  PROTECT  AND  ENDEAVOR  TO  SAVE THE PROPERTY THEREIN AND, WHEN
NECESSARY, TO REMOVE SUCH PROPERTY OR ANY PART THEREOF.
  (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 (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  SUBDIVISION (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.

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