Assembly Bill A5253B

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

                                  5253

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced by M. of A. CUSICK, TITONE, MALLIOTAKIS, BORELLI -- read once
  and referred to the Committee on Corporations, Authorities and Commis-
  sions

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  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 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.  PROVIDED, HOWEVER, THAT
ANY FIRE PATROL INCORPORATED ON OR AFTER APRIL FIRST, TWO THOUSAND ELEV-
EN SHALL ONLY OPERATE WITHIN THE BOUNDARIES OF RICHMOND COUNTY.
  (B)  NOTHING  IN  THIS  CHAPTER SHALL PRECLUDE ANY ENTITY INCORPORATED
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 ACTIVELY OPERATING AS OF THE EFFECTIVE
DATE OF THIS SECTION WITH SUCH PURPOSES AND UNDER THE  NAME  OF  A  FIRE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08894-01-3

              

A. 5253                             2

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
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.

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

                                 5253--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced by M. of A. CUSICK, TITONE, MALLIOTAKIS, BORELLI -- read once
  and referred to the Committee on Corporations, Authorities and Commis-
  sions  --  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.  PROVIDED, HOWEVER, THAT
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 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08894-02-3
              

A. 5253--A                          2

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
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.