NY State Senate Bill 2023-S5041

Senate Bill S5041

2023-2024 Legislative Session

Authorizes certain organizations in N.Y. city to be known as "fire patrols" under the not-for-profit corporation law

download bill text pdf

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to corporations, authorities and commissions
Feb 22, 2023	referred to corporations, authorities and commissions

2023-S5041 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Add §1413, N-PC L; amd §§101 & 115-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5573
2013-2014: S3981
2015-2016: S2544
2017-2018: S2604
2019-2020: S3265
2021-2022: S6163

2023-S5041 (ACTIVE) - 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; includes fire patrol vehicles as emergency vehicles under the vehicle and traffic law.

2023-S5041 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5041

SPONSOR: LANZA
 
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 law operating in the as
"fire patrols" under the not-for-profit corporation county of Richmond.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. A new section, § 1413 is added to the not-for-profit corpo-
ration 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 private, non-profit fire
patrol still operates in the county of Richmond, Staten Island. This
Fire Patrol assists fire departments, other public safety agencies and
property owners with property protection against impacts from fire,
smoke and water damage. While executing these duties, Fire Patrol
responders do not travel in personal vehicles while assisting in such
emergencies. Furthermore, all who belong to this private, non-profit
fire patrol must take a mandatory emergency driving course as set forth
in the bill. This bill also provides that a fire patrol operating in
Richmond County may offer 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:

2022: S.6163- Referred to Corporations/A.6715- Referred to Corporations

2021: S.6163- Referred to Corporations/A.6715- Referred to Corporations

2020: S.3265 -Referred to Corporations / A.6808 Referred to Corporations

2019: S.3265 -Referred to Corporations / A.6808 Referred to Corporations

2018: S.2604-Passed Senate/A.1376 -Referred to Codes

2017: S.2604-Passed Senate/A.1376 -Referred to Corporations

2016: S.2544-Passed Senate/A.503 -Reported to Rules

2015: S.2544-Passed Senate/A.503 -Reported to Rules
2014: S.3981-Passed Senate/A.5253 -Reported to Rules

2013: S.3981-Passed Senate/A.5253 -Reported to Rules

2012: S.5573-D- Passed Senate/ A.8117-D - Died in Rules

2011: S.5573-Passed Senate / A.8117-- Referred to Corporations

 
FISCAL IMPLICATIONS:

None.

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

2023-S5041 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5041
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 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; 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:
 § 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.
                                                            LBD08740-01-3

 S. 5041                             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.
   § 2. Section 101 of the vehicle and traffic law, as amended by chapter
 496 of the laws of 2021, is amended to read as follows:
   §  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, human organ delivery vehicle, county emergency medical
 services  vehicle,  environmental emergency response vehicle, sanitation
 patrol vehicle,  hazardous  materials  emergency  vehicle  and  ordnance
 disposal vehicle of the armed forces of the United States.
   § 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:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed 5 years after such date.

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