Bill Text: NY A08117 | 2011-2012 | General Assembly | Introduced

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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 - Dead) 2012-06-20 - reported referred to rules [A08117 Detail]

Download: New_York-2011-A08117-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8117
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 2, 2011
                                      ___________
       Introduced by M. of A. CUSICK -- 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
         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  S 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 PATROLS" TO DESCRIBE SUCH ENTITY.
   14    (B)  NOTHING  IN  THIS  CHAPTER SHALL PRECLUDE ANY ENTITY IN EXISTENCE
   15  PRIOR TO APRIL FIRST, TWO THOUSAND TEN AND ORGANIZED UNDER THIS  CHAPTER
   16  OR  ITS  PREDECESSOR ARTICLES, FOR PURPOSES SIMILAR TO THOSE IN SUBDIVI-
   17  SION (A) OF THIS SECTION AND OPERATING AS OF THE EFFECTIVE DATE OF  THIS
   18  SECTION  UNDER  THE  NAME OF A FIRE PATROL, FROM HOLDING ITSELF OUT AS A
   19  FIRE PATROL AS THAT TERM IS DEFINED IN THIS SECTION.
   20    (C) FIRE PATROLS, IN THE EXECUTION OF ITS PURPOSES, INCLUDING BUT  NOT
   21  LIMITED  TO  ASSISTING  FIRE DEPARTMENTS OR OTHER PUBLIC AGENCIES, SHALL
   22  HAVE THE POWER TO ENTER ANY BUILDING ON FIRE OR WHICH MAY BE EXPOSED  TO
   23  OR  IN  DANGER  OF  LOSS  OR DAMAGE BY FIRE, SMOKE OR WATER, OR IN WHICH
   24  PROPERTY MAY BE IN DANGER OF LOSS OR DAMAGE FROM FIRE, SMOKE  OR  WATER,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11834-01-1
       A. 8117                             2
    1  AND  TO  PROTECT  AND  ENDEAVOR  TO  SAVE THE PROPERTY THEREIN AND, WHEN
    2  NECESSARY, TO REMOVE SUCH PROPERTY OR ANY PART THEREOF.
    3    (D)  ANY VEHICLE AFFILIATED WITH A FIRE PATROL SHALL BE DEEMED TO BE A
    4  FIRE VEHICLE AND THEREBY AN EMERGENCY VEHICLE AS DEFINED IN SECTIONS ONE
    5  HUNDRED ONE AND ONE HUNDRED FIFTEEN-A OF THE VEHICLE AND TRAFFIC LAW AND
    6  GOVERNED BY SECTION ELEVEN HUNDRED FOUR OF SUCH  LAW.  THE  VEHICLES  OF
    7  SUCH  FIRE  PATROL SHALL ALSO BE DEEMED TO BE EMERGENCY VEHICLES FOR THE
    8  PURPOSES OF SECTION TWO THOUSAND  THREE  HUNDRED  THIRTY-FIVE-A  OF  THE
    9  INSURANCE LAW.
   10    S 2. Section 101 of the vehicle and traffic law, as amended by chapter
   11  446 of the laws of 2003, is amended to read as follows:
   12    S  101.  Authorized emergency vehicle. Every ambulance, police vehicle
   13  or bicycle, correction vehicle, fire vehicle, FIRE PATROL VEHICLE, civil
   14  defense emergency vehicle, emergency ambulance  service  vehicle,  blood
   15  delivery  vehicle,  county  emergency medical services vehicle, environ-
   16  mental emergency response vehicle, sanitation patrol vehicle,  hazardous
   17  materials  emergency  vehicle and ordnance disposal vehicle of the armed
   18  forces of the United States.
   19    S 3. The opening paragraph of section 115-a of the vehicle and traffic
   20  law, as amended by chapter 176 of the laws of 1973, is amended  to  read
   21  as follows:
   22    Every  vehicle operated for fire service purposes owned and identified
   23  as being owned by the state, a public authority, a county,  town,  city,
   24  village  or  fire  district,  or  a  fire  corporation  subject  to  the
   25  provisions of subdivision (e) of section fourteen  hundred  two  of  the
   26  not-for-profit  corporation  law  [or],  a  fire  company  as defined in
   27  section one hundred of the general municipal law OR  A  FIRE  PATROL  AS
   28  DEFINED  IN  SUBDIVISION (A) OF SECTION FOURTEEN HUNDRED THIRTEEN OF THE
   29  NOT-FOR-PROFIT CORPORATION LAW.  Any of the following vehicles shall  be
   30  fire  vehicles  only  for the purpose of section one hundred one of this
   31  [chapter] ARTICLE:
   32    S 4. This act shall take effect immediately.