Bill Text: NY A06808 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-20 - referred to corporations, authorities and commissions [A06808 Detail]

Download: New_York-2019-A06808-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6808
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     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:
     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)  "Fire  patrol" means any entity whose services include protecting
     5  life and property through the safe and efficient means of modern salvage
     6  and property damage mitigation techniques, of  saving  or  reducing  the
     7  loss of property exposed to water, smoke or gasses, and thereby reducing
     8  losses  to  property owners, and of other public benefits, including but
     9  not limited to assisting fire departments or other  public  agencies  in
    10  the  course  of  their  respective  duties when duly authorized thereby,
    11  shall be governed by this chapter and shall be known as and may use  the
    12  term  "fire patrol" or "fire patrols" to describe such entity.  No other
    13  entity shall use such terms.  Any fire patrol incorporated on  or  after
    14  April  first,  two thousand ten shall only operate within the boundaries
    15  of Richmond county.
    16    (b) Nothing in this chapter shall permit any fire  patrol  to  operate
    17  and provide emergency response services except in response to properties
    18  located completely within the boundaries of Richmond county nor to oper-
    19  ate  as a successor in interest to any fire patrol incorporated or which
    20  operated prior to April first, two thousand ten.
    21    (c) Fire patrols, in the execution of their  purposes,  including  but
    22  not  limited  to  assisting fire departments or other public agencies in
    23  the course of their respective duties, shall have the power to enter any
    24  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
     1  damage by fire, smoke or water, or in which property may be in danger of
     2  loss or damage from fire, smoke or water, and to protect and endeavor to
     3  save  the  property therein and, when necessary, to remove such property
     4  or  any  part  thereof;  provided, however, that the officer of the fire
     5  department or agency in charge at the scene of  any  fire  or  emergency
     6  expressly  permits  the  fire patrol to enter the property prior to such
     7  entry and such entry does not interfere with the actions of the  members
     8  of  the  fire  department  or  public agency to which the fire patrol is
     9  rendering assistance, and the fire patrol shall in all respects  and  at
    10  all times when rendering assistance to a fire department or public agen-
    11  cy  shall be subordinate to and under the control of the fire department
    12  or public agency to which assistance is rendered.  Nothing herein  shall
    13  limit  or  prohibit  the fire patrol so operating to conduct educational
    14  programs or other non-response activities consistent  with  its  mission
    15  and  standing  as  a duly organized and recognized not-for-profit corpo-
    16  ration in any other part of the state in addition to Richmond county.
    17    § 2. Section 101 of the vehicle and traffic law, as amended by chapter
    18  446 of the laws of 2003, is amended to read as follows:
    19    § 101. Authorized emergency vehicle. Every ambulance,  police  vehicle
    20  or bicycle, correction vehicle, fire vehicle, fire patrol vehicle, civil
    21  defense  emergency  vehicle,  emergency ambulance service vehicle, blood
    22  delivery vehicle, county emergency medical  services  vehicle,  environ-
    23  mental  emergency response vehicle, sanitation patrol vehicle, hazardous
    24  materials emergency vehicle and ordnance disposal vehicle of  the  armed
    25  forces of the United States.
    26    § 3. The opening paragraph of section 115-a of the vehicle and traffic
    27  law,  as  amended by chapter 176 of the laws of 1973, is amended to read
    28  as follows:
    29    Every vehicle operated for fire service purposes owned and  identified
    30  as  being  owned by the state, a public authority, a county, town, city,
    31  village  or  fire  district,  or  a  fire  corporation  subject  to  the
    32  provisions  of  [subdivision]  paragraph (e) of section fourteen hundred
    33  two of the not-for-profit  corporation  law  [or],  a  fire  company  as
    34  defined  in  section  one hundred of the general municipal law or a fire
    35  patrol as defined in paragraph (a) of section fourteen hundred  thirteen
    36  of  the  not-for-profit corporation law.   Any of the following vehicles
    37  shall be fire vehicles only for the purpose of section one  hundred  one
    38  of this [chapter] article:
    39    §  4.  This  act shall take effect immediately and shall expire and be
    40  deemed repealed 5 years after such date.
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