A08117 Summary:

BILL NOA08117D
 
SAME ASSAME AS S05573-D
 
SPONSORCusick
 
COSPNSRTobacco, Malliotakis, Titone
 
MLTSPNSRO'Donnell
 
Add S1413, N-PC L; amd SS101 & 115-a, V & T L
 
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.
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A08117 Actions:

BILL NOA08117D
 
06/02/2011referred to corporations, authorities and commissions
01/04/2012referred to corporations, authorities and commissions
01/25/2012amend and recommit to corporations, authorities and commissions
01/25/2012print number 8117a
03/14/2012amend and recommit to corporations, authorities and commissions
03/14/2012print number 8117b
06/12/2012reported referred to codes
06/13/2012amend (t) and recommit to codes
06/13/2012print number 8117c
06/15/2012amend and recommit to codes
06/15/2012print number 8117d
06/20/2012reported referred to rules
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A08117 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8117--D
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2011
                                       ___________
 
        Introduced  by  M.  of A. CUSICK, TOBACCO, MALLIOTAKIS, TITONE -- Multi-
          Sponsored by -- M. of A. O'DONNELL -- read once and  referred  to  the
          Committee  on Corporations, Authorities and Commissions -- recommitted
          to the Committee  on  Corporations,  Authorities  and  Commissions  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill

          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  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:
 

     1    Section  1.  The not-for-profit corporation law is amended by adding a
     2  new section 1413 to read as follows:
     3  § 1413. Fire patrols.
     4    (a) Any organization incorporated  on or after April first, two  thou-
     5  sand  ten  under  this  chapter  for the purposes of protecting life and
     6  property through the safe and efficient  means  of  modern  salvage  and
     7  property damage mitigation techniques, of saving or reducing the loss of
     8  property  exposed to water, smoke or gasses, and thereby reducing losses
     9  to property owners, and of other  public  benefits,  including  but  not
    10  limited  to  assisting  fire departments or other public agencies in the
    11  course of their respective duties when duly authorized thereby, shall be

    12  governed by this chapter and shall be known as  and  may  use  the  term
    13  "fire patrol" or "fire patrols" to describe such entity.  No other enti-
    14  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.
                                                                   LBD11834-09-2

        A. 8117--D                          2
 
     1  fire department, fire district or municipality.  Provided, however, that
     2  any  fire  patrol incorporated on or after April first, two thousand ten
     3  shall only operate within the boundaries of a city  of  one  million  or
     4  more.

     5    (b)  Nothing  in  this  chapter shall preclude any entity incorporated
     6  prior to April first, two thousand ten and organized under this  chapter
     7  or  its predecessor articles, for purposes similar to those in paragraph
     8  (a) of this section and actively operating as of the effective  date  of
     9  this  section  with  such  purposes and under the name of a fire patrol,
    10  from holding itself out as a fire patrol as that term is defined in this
    11  chapter.
    12    (c) Fire patrols, in the execution of its purposes, including but  not
    13  limited  to  assisting  fire departments or other public agencies in the
    14  course of their respective duties, shall have the  power  to  enter  any
    15  building  on  fire  or  which  may be exposed to or in danger of loss or

    16  damage by fire, smoke or water, or in which property may be in danger of
    17  loss or damage from fire, smoke or water, and to protect and endeavor to
    18  save the property therein and, when necessary, to remove  such  property
    19  or  any  part  thereof;  provided,  however, that the provisions of this
    20  paragraph shall not warrant any interference with  the  actions  of  the
    21  members of the fire department or public agency to which the fire patrol
    22  is  rendering  assistance, and the fire patrol shall in all respects and
    23  at all times when rendering assistance to a fire  department  or  public
    24  agency shall be subordinate to and under the control of the fire depart-
    25  ment  or public agency to which assistance is rendered; provided further

    26  that any fire patrol that operates within a city of one million or  more
    27  shall  be  limited  in  its response authority to said city, but nothing
    28  herein shall limit or prohibit the fire patrol so operating  to  conduct
    29  educational  programs  or  other non-response activities consistent with
    30  its mission and standing as a duly organized and recognized not-for-pro-
    31  fit corporation in any other part of the state in addition to said city.
    32    (d) Any vehicle affiliated with a fire patrol shall be deemed to be  a
    33  fire vehicle and thereby an emergency vehicle as defined in sections one
    34  hundred one and one hundred fifteen-a of the vehicle and traffic law and
    35  governed  by  section  eleven  hundred four of such law. The vehicles of

    36  such fire patrol shall also be deemed to be emergency vehicles  for  the
    37  purposes  of  section  two  thousand  three hundred thirty-five-a of the
    38  insurance law.
    39    § 2. Section 101 of the vehicle and traffic law, as amended by chapter
    40  446 of the laws of 2003, is amended to read as follows:
    41    § 101. Authorized emergency vehicle. Every ambulance,  police  vehicle
    42  or bicycle, correction vehicle, fire vehicle, fire patrol vehicle, civil
    43  defense  emergency  vehicle,  emergency ambulance service vehicle, blood
    44  delivery vehicle, county emergency medical  services  vehicle,  environ-
    45  mental  emergency response vehicle, sanitation patrol vehicle, hazardous
    46  materials emergency vehicle and ordnance disposal vehicle of  the  armed
    47  forces of the United States.

    48    § 3. The opening paragraph of section 115-a of the vehicle and traffic
    49  law,  as  amended by chapter 176 of the laws of 1973, is amended to read
    50  as follows:
    51    Every vehicle operated for fire service purposes owned and  identified
    52  as  being  owned by the state, a public authority, a county, town, city,
    53  village  or  fire  district,  or  a  fire  corporation  subject  to  the
    54  provisions  of  [subdivision]  paragraph (e) of section fourteen hundred
    55  two of the not-for-profit  corporation  law  [or],  a  fire  company  as
    56  defined  in  section  one hundred of the general municipal law or a fire

        A. 8117--D                          3
 
     1  patrol as defined in paragraph (a) of section fourteen hundred  thirteen

     2  of  the  not-for-profit corporation law.   Any of the following vehicles
     3  shall be fire vehicles only for the purpose of section one  hundred  one
     4  of this [chapter] article:
     5    §  4.  This  act shall take effect immediately and shall expire and be
     6  deemed repealed 5 years after such date.
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