S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6808
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by M. of A. CUSICK, MALLIOTAKIS -- read once and referred to
   the Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the not-for-profit corporation law and the  vehicle  and
   traffic law, in relation to the operation of fire patrols; and provid-
   ing for the repeal of such provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The not-for-profit corporation law is amended by  adding  a
 new section 1413 to read as follows:
 § 1413. FIRE PATROLS.
   (A)  "FIRE  PATROL" MEANS ANY ENTITY WHOSE SERVICES INCLUDE PROTECTING
 LIFE AND PROPERTY THROUGH THE SAFE AND EFFICIENT MEANS OF MODERN SALVAGE
 AND PROPERTY DAMAGE MITIGATION TECHNIQUES, OF  SAVING  OR  REDUCING  THE
 LOSS OF PROPERTY EXPOSED TO WATER, SMOKE OR GASSES, AND THEREBY REDUCING
 LOSSES  TO  PROPERTY OWNERS, AND OF OTHER PUBLIC BENEFITS, INCLUDING BUT
 NOT LIMITED TO ASSISTING FIRE DEPARTMENTS OR OTHER  PUBLIC  AGENCIES  IN
 THE  COURSE  OF  THEIR  RESPECTIVE  DUTIES WHEN DULY AUTHORIZED THEREBY,
 SHALL BE GOVERNED BY THIS CHAPTER AND SHALL BE KNOWN AS AND MAY USE  THE
 TERM  "FIRE PATROL" OR "FIRE PATROLS" TO DESCRIBE SUCH ENTITY.  NO OTHER
 ENTITY SHALL USE SUCH TERMS.  ANY FIRE PATROL INCORPORATED ON  OR  AFTER
 APRIL  FIRST,  TWO THOUSAND TEN SHALL ONLY OPERATE WITHIN THE BOUNDARIES
 OF RICHMOND COUNTY.
   (B) NOTHING IN THIS CHAPTER SHALL PERMIT ANY FIRE  PATROL  TO  OPERATE
 AND PROVIDE EMERGENCY RESPONSE SERVICES EXCEPT IN RESPONSE TO PROPERTIES
 LOCATED COMPLETELY WITHIN THE BOUNDARIES OF RICHMOND COUNTY NOR TO OPER-
 ATE  AS A SUCCESSOR IN INTEREST TO ANY FIRE PATROL INCORPORATED OR WHICH
 OPERATED PRIOR TO APRIL FIRST, TWO THOUSAND TEN.
   (C) FIRE PATROLS, IN THE EXECUTION OF THEIR  PURPOSES,  INCLUDING  BUT
 NOT  LIMITED  TO  ASSISTING FIRE DEPARTMENTS OR OTHER PUBLIC AGENCIES IN
 THE COURSE OF THEIR RESPECTIVE DUTIES, SHALL HAVE THE POWER TO ENTER ANY
 BUILDING ON FIRE OR WHICH MAY BE EXPOSED TO OR  IN  DANGER  OF  LOSS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00078-01-9

 A. 6808                             2
 
 DAMAGE BY FIRE, SMOKE OR WATER, OR IN WHICH PROPERTY MAY BE IN DANGER OF
 LOSS OR DAMAGE FROM FIRE, SMOKE OR WATER, AND TO PROTECT AND ENDEAVOR TO
 SAVE  THE  PROPERTY THEREIN AND, WHEN NECESSARY, TO REMOVE SUCH PROPERTY
 OR  ANY  PART  THEREOF;  PROVIDED, HOWEVER, THAT THE OFFICER OF THE FIRE
 DEPARTMENT OR AGENCY IN CHARGE AT THE SCENE OF  ANY  FIRE  OR  EMERGENCY
 EXPRESSLY  PERMITS  THE  FIRE PATROL TO ENTER THE PROPERTY PRIOR TO SUCH
 ENTRY AND SUCH ENTRY DOES NOT INTERFERE WITH THE ACTIONS OF THE  MEMBERS
 OF  THE  FIRE  DEPARTMENT  OR  PUBLIC AGENCY TO WHICH THE FIRE PATROL IS
 RENDERING ASSISTANCE, AND THE FIRE PATROL SHALL IN ALL RESPECTS  AND  AT
 ALL TIMES WHEN RENDERING ASSISTANCE TO A FIRE DEPARTMENT OR PUBLIC AGEN-
 CY  SHALL BE SUBORDINATE TO AND UNDER THE CONTROL OF THE FIRE DEPARTMENT
 OR PUBLIC AGENCY TO WHICH ASSISTANCE IS RENDERED.  NOTHING HEREIN  SHALL
 LIMIT  OR  PROHIBIT  THE FIRE PATROL SO OPERATING TO CONDUCT EDUCATIONAL
 PROGRAMS OR OTHER NON-RESPONSE ACTIVITIES CONSISTENT  WITH  ITS  MISSION
 AND  STANDING  AS  A DULY ORGANIZED AND RECOGNIZED NOT-FOR-PROFIT CORPO-
 RATION IN ANY OTHER PART OF THE STATE IN ADDITION TO RICHMOND COUNTY.
   § 2. Section 101 of the vehicle and traffic law, as amended by chapter
 446 of the laws of 2003, is amended to read as follows:
   § 101. Authorized emergency vehicle. Every ambulance,  police  vehicle
 or bicycle, correction vehicle, fire vehicle, FIRE PATROL VEHICLE, civil
 defense  emergency  vehicle,  emergency ambulance service vehicle, blood
 delivery vehicle, 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.
   § 3. The opening paragraph of section 115-a of the vehicle and traffic
 law,  as  amended by chapter 176 of the laws of 1973, is amended to read
 as follows:
   Every vehicle operated for fire service purposes owned and  identified
 as  being  owned by the state, a public authority, a county, town, city,
 village  or  fire  district,  or  a  fire  corporation  subject  to  the
 provisions  of  [subdivision]  PARAGRAPH (e) of section fourteen hundred
 two of the not-for-profit  corporation  law  [or],  a  fire  company  as
 defined  in  section  one hundred of the general municipal law OR A FIRE
 PATROL AS DEFINED IN PARAGRAPH (A) OF SECTION FOURTEEN HUNDRED  THIRTEEN
 OF  THE  NOT-FOR-PROFIT CORPORATION LAW.   Any of the following vehicles
 shall be fire vehicles only for the purpose of section one  hundred  one
 of this [chapter] ARTICLE:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed 5 years after such date.