senate Bill S5573D

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to codes
delivered to assembly
passed senate
Jun 18, 2012 amended on third reading 5573d
Jun 13, 2012 ordered to third reading cal.1224
committee discharged and committed to rules
Jun 11, 2012 print number 5573c
amend (t) and recommit to corporations, authorities and commissions
Mar 09, 2012 print number 5573b
amend and recommit to corporations, authorities and commissions
Jan 23, 2012 print number 5573a
amend and recommit to corporations, authorities and commissions
Jan 04, 2012 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 17, 2011 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jun 14, 2011 ordered to third reading cal.1258
Jun 13, 2011 committee discharged and committed to rules
Jun 02, 2011 referred to corporations, authorities and commissions

Votes

view votes

Jun 13, 2012 - Rules committee Vote

S5573C
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 14, 2011 - Rules committee Vote

S5573
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
1
Abstained
show committee vote details

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

S5573 - Bill Details

See Assembly Version of this Bill:
A8117D
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

S5573 - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

S5573A - Bill Details

See Assembly Version of this Bill:
A8117D
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

S5573A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5573A

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

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5573--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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

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 ELEVEN 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 ELEVEN AND ORGANIZED UNDER THIS CHAP-
TER  OR ITS PREDECESSOR ARTICLES, FOR PURPOSES SIMILAR TO THOSE IN PARA-
GRAPH (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-02-1

S. 5573--A                          2

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.
  (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
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.

Co-Sponsors

S5573B - Bill Details

See Assembly Version of this Bill:
A8117D
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

S5573B - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5573B

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
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 certain rights and
restrictions upon such operations, restoring 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5573--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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

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 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
FIRE DEPARTMENT, FIRE DISTRICT OR MUNICIPALITY.
  (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  PARAGRAPH
(A)  OF  THIS  SECTION  AND  OPERATING  AS OF THE EFFECTIVE DATE OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-04-2

S. 5573--B                          2

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
SECTION.
  (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.
  (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
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.

Co-Sponsors

S5573C - Bill Details

See Assembly Version of this Bill:
A8117D
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

S5573C - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5573C

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5573--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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

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
FIRE DEPARTMENT, FIRE DISTRICT OR MUNICIPALITY.
  (B)  NOTHING  IN  THIS  CHAPTER SHALL PRECLUDE ANY ENTITY IN EXISTENCE
PRIOR TO APRIL FIRST, TWO THOUSAND TEN AND ORGANIZED UNDER THIS  CHAPTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11834-07-2

S. 5573--C                          2

OR  ITS PREDECESSOR ARTICLES, FOR PURPOSES SIMILAR TO THOSE IN PARAGRAPH
(A) OF THIS SECTION AND 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
SECTION.
  (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 OPERATING 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
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.

Co-Sponsors

S5573D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8117D
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

S5573D (ACTIVE) - Bill Texts

view 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.

view sponsor 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.

view full text
download pdf
                    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  S E N A T E

                              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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.