senate Bill S3981A

2013-2014 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

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 (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to codes
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1241
committee discharged and committed to rules
Jan 08, 2014 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 20, 2013 referred to codes
delivered to assembly
passed senate
Jun 11, 2013 amended on third reading 3981b
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1105
Apr 10, 2013 print number 3981a
amend and recommit to corporations, authorities and commissions
Mar 04, 2013 referred to corporations, authorities and commissions

Votes

view votes

Jun 10, 2014 - Rules committee Vote

S3981B
22
1
committee
22
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 4, 2013 - Corporations, Authorities and Commissions committee Vote

S3981A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Jun 4, 2013

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S3981 - Bill Details

Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1413, N-PC L; amd §§101 & 115-a, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S5573D

S3981 - 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:S3981

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
Richmond County 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: 2012: S.5573-D Passed Senate; A.8117-D --
Died in Corporations, Authorities and Commissions; 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
________________________________________________________________________

                                  3981

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

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:
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

S. 3981                             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.

Co-Sponsors

S3981A - Bill Details

Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1413, N-PC L; amd §§101 & 115-a, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S5573D

S3981A - 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:S3981A

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
operating in the county of Richmond.

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 private, non-profit fire patrol still operates in the county of
Richmond, Staten Island assisting fire departments, other public
safety agencies and property owners with property protection against
impacts from fire, smoke and water. 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 go
must take a mandatory emergency driving course. 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: 2012: S.5573-D Passed Senate; A.8117-D -
Died in Corporations, Authorities and Commissions; 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
________________________________________________________________________

                                 3981--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sens.  LANZA, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Corporations,
  Authorities  and  Commissions  --  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.
                                                           LBD08894-03-3

S. 3981--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.

Co-Sponsors

S3981B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1413, N-PC L; amd §§101 & 115-a, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S5573D

S3981B (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:S3981B

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 operating in the county of
Richmond.

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 private,
non-profit fire patrol still operates in the county of Richmond,
Staten Island assisting fire departments, other public safety agencies
and property owners with property protection against impacts from
fire, smoke and water. 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:

2012: S,5573-D Passed Senate; A.8117-D - Died in Corporations,
Authorities and Commissions; 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
________________________________________________________________________

                                 3981--B
    Cal. No. 1105

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sens.  LANZA, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Corporations,
  Authorities  and  Commissions  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining 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) "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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08894-05-3

S. 3981--B                          2

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 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  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.
  (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, PROVIDED THAT  SUCH
VEHICLE  IS  OPERATED ONLY BY DRIVERS WHO HAVE TAKEN AND PASSED AN EMER-
GENCY VEHICLE DRIVING COURSE AND  ONLY  OPERATE  AS  EMERGENCY  VEHICLES
WITHIN  THE BORDERS OF THE COUNTY OF RICHMOND. 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.

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.