NY State Senate Bill 2009-S4461

Senate Bill S4461

2009-2010 Legislative Session

Establishes the Electrical Bureau of State Fire; eliminates the New York Board of Fire Underwriters; repeals chapters 241 of 1930 and 181 of 1939 relating thereto

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Archive: Last Bill Status - In Senate Committee Insurance 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 06, 2010	referred to insurance
Apr 23, 2009	referred to insurance

2009-S4461 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance
Laws Affected:: Rpld Chap 241 of 1930; rpld Chap 181 of 1939

2009-S4461 (ACTIVE) - Summary

Establishes the Electrical Bureau of State Fire; eliminates the New York Board of Fire Underwriters; repeals chapters 241 of 1930 and 181 of 1939 relating thereto; transfers functions, powers, duties and employees of the New York Board of Fire Underwriters to the Electrical Bureau of State Fire.

2009-S4461 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4461

 TITLE OF BILL :
An act providing for the dissolution of the New York Board of Fire
Underwriters, and providing for the transfer of the powers, duties,
functions, records and employees of the New York Board of Fire
Underwriters Bureau of Electricity; to repeal chapter 241 of the laws
of 1930 relating to the New York Board of Fire Underwriters and
defining the powers and jurisdiction of such corporation; and to
repeal chapter 181 of the laws of 1939 amending chapter 241 of the
laws of 1930, entitled "An act in relation to the New York Board of
Fire Underwriters, defining the powers and jurisdiction of such
corporation", relating to the amount and assessment of expenses of the
fire patrol


 PURPOSE :
This bill would abolish the New York Board of Fire Underwriters, along
with its assessment power, and transfer the Board's Bureau of
Electricity to the Secretary of State's Office of Fire Prevention and
Control.

 SUMMARY OF PROVISIONS :
Section 1 - Repeals chapter 241 of the laws of 1930.

Section 2 - Repeals chapter 181 of the laws of 1939

Section 3 - Transfers any remaining assets of the Board to the State
of New York and permits the State to use, in its discretion, such
assets to support the operations of the newly formed Electrical Bureau
of State Fire.

Section 4 through 10 - effectuates the transfer of duties, records,
employees and the like from the Board's Bureau of Electricity to the
Secretary of State's Office of Fire Prevention and Control.

Section 11 - Establishes the Secretary of State's Office of Fire
Prevention and Control as a pilot program.

Section 12 - Separability clause.

Section 13 - Effective date.

 JUSTIFICATION :
The Board of Fire Underwriters (the "Board") was created at the
request of the insurance industry in the late 1800's, to assist them
in protecting insured's property in the City of New York. To attain
this goal, the Board created the Fire Patrol, of purpose of which was
to respond to fires at or near an insured's location and attempt to
remove, preserve or otherwise protect property contained therein from
such fire, or other harmful effects such as smoke or water damage.
The Fire Patrol was funded by self assessments on Board members.

However, over time the Board found that the Fire Patrol was unable to
adequately protect property from fires or related damage (e.g. modern
electronics, prevalent throughout residences and offices, are often
damaged beyond use despite Patrol efforts). As such, the effectiveness
and use of the Fire Patrol diminished to the point where it was
determined by the Board that it was no longer necessary and the
self-assessments were burdening member companies with unnecessary
costs that only increased the eventual cost to the consumer. The
result was that the Fire Patrol was disbanded in 2006.

Given that the original purpose of the Board is no longer relevant, it
is appropriate to provide for its dissolution.

In the 1930's, the Board also created the Bureau of Electricity, the
purpose of which was to perform electrical inspections for any
municipalities, individuals or entities that requested them. Such
Bureau may still have a public value in fire prevention, and as such
is being transferred to Secretary of State's Office of Fire Prevention
as a pilot program. Any assets held by the Board are being transferred
to New York State, which may use them in whatever amount deemed
necessary to support this pilot program.

 PRIOR LEGISLATIVE HISTORY :
New legislation.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
December 31, 2009.

2009-S4461 (ACTIVE) - Bill Text download pdf

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

                                  4461

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT providing for the dissolution of  the  New  York  Board  of  Fire
  Underwriters,  and  providing  for the transfer of the powers, duties,
  functions, records and employees of the New York Board of Fire  Under-
  writers  Bureau  of  Electricity; to repeal chapter 241 of the laws of
  1930 relating to the New York Board of Fire Underwriters and  defining
  the powers and jurisdiction of such corporation; and to repeal chapter
  181  of  the  laws  of  1939 amending chapter 241 of the laws of 1930,
  entitled "An act in relation to the New York Board of Fire  Underwrit-
  ers, defining the powers and jurisdiction of such corporation", relat-
  ing to the amount and assessment of expenses of the fire patrol

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

  Section 1. Chapter 241 of the laws of 1930 relating to  the  New  York
Board  of  Fire Underwriters and defining the powers and jurisdiction of
such corporation is REPEALED.
  S 2. Chapter 181 of the laws of 1939 amending chapter 241 of the  laws
of  1930,  entitled  "An  act  in relation to the New York Board of Fire
Underwriters, defining the powers and jurisdiction of such corporation",
relating to the amount and assessment of expenses of the fire patrol  is
REPEALED.
  S 3. Transfer of assets. Any assets held by the New York Board of Fire
Underwriters  at  the time of the effective date of this act shall inure
to the benefit of the state of New York and may be devoted to the  elec-
trical  inspection  pilot program provided for in section eleven of this
act in the manner and amount deemed appropriate.
  S 4. Transfer of powers, duties and functions. All powers, duties  and
functions  conferred upon the New York Board of Fire Underwriters Bureau
of Electricity shall be transferred to and  assumed  by  the  Electrical
Bureau of State Fire, as established in section seven of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11307-02-9

S. 4461                             2

  S  5.  Transfer  of  employees.  Upon the transfer of the functions as
provided for in this act any affected employees shall be transferred  to
the  Electrical  Bureau of State Fire as established in section seven of
this act.
  S  6.  Transfer  of  records.  The New York Board of Fire Underwriters
Bureau of Electricity, shall deliver to the Electrical Bureau  of  State
Fire all books, papers, records and property pertaining to the functions
transferred  pursuant  to this act as requested by the Electrical Bureau
of State Fire.
  S 7. Continuity of authority. For the purpose  of  succession  to  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to  this  act,  the  Electrical
Bureau  of State Fire shall be deemed and held to constitute the contin-
uation of the New York Board of Fire Underwriters Bureau of  Electricity
pertaining to the powers and functions transferred in this act.
  S  8.  Completion of unfinished business. Any business or other matter
undertaken or commenced by the  New  York  Board  of  Fire  Underwriters
Bureau  of  Electricity  pertaining  to or connected with the functions,
powers, obligations and duties transferred and  assigned  to  the  Elec-
trical  Bureau  of  State Fire in this act, and pending on the effective
date of this act may be conducted and completed by the Electrical Bureau
of State Fire in the same manner and under the same terms and conditions
and with the same effect as if conducted and completed by the former New
York Board of Fire Underwriters Bureau of Electricity.
  S 9. Terms occurring in laws, contracts and other documents.  Whenever
the  New  York  Board  of  Fire  Underwriters  Bureau  of Electricity is
referred to or designated in any law, contract or  documents  pertaining
to  the  functions,  powers,  obligations  and  duties  transferred  and
assigned to the Electrical Bureau of State Fire pursuant  to  this  act,
such reference or designation shall be deemed to refer to the Electrical
Bureau of State Fire as created by this act.
  S  10.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
  S 11. Pilot program established. The office  of  fire  prevention  and
control  is  hereby authorized to conduct an electrical inspection pilot
program in coordination with municipalities,  or  any  other  public  or
private  entities as deemed appropriate by the office of fire prevention
and control. The procedures, policies, operation and  duration  of  such
program  shall remain in the discretion of the office of fire prevention
and control.
  S 12. Separability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court of  competent  juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause,  sentence,  paragraph,  section  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 13. This act shall take effect December 31, 2009.

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