DEA - Defense Emergency Act 1951 784/51

                                CHAPTER 784/51                    NEW YORK STATE DEFENSE EMERGENCY ACT   Article I. Short title; definitions.        I-A. Succession to office of governor.         II. State defense council.        III. Civil defense.       II-A. Shelter protection.         IV. Powers of agencies.          V. Power of dispensation from certain limitations of law.         VI. Closing or restricting use of highways; posting of property.        VII. Banking.      VII-A. Insurance.       VIII. Violations and penalties; peace officers.         IX. Miscellaneous provisions; construction and duration of act.                                   ARTICLE 1                          Short Title; Definitions   Section 1.   Short title.          2.   Declaration of purpose and findings.          2-a. Further declaration of purpose and findings relating to the                 protection  of  the people in the event of nuclear attack                 and recovery and rehabilitation after attack.          3.   Definitions.    Section 1. Short title. This act shall be known and may be  cited  and  referred to as the "New York state defense emergency act."    § 2. Declaration of purpose and findings. The legislature hereby finds  that  there exists a serious danger that this state will be subjected to  enemy attack, including attack by atomic  bombs  or  other  radiological  weapons.    On  December  sixteenth,  nineteen hundred fifty, because of the grave  threat to national security, the president of the United States declared  a state of national emergency, summoning all state and local leaders and  officials to  cooperate  fully  with  the  military  and  civil  defense  agencies of the United States.    The  federal  civil  defense  act  of nineteen hundred fifty passed by  congress on January second, nineteen hundred fifty-one and signed by the  president on January twelfth, nineteen hundred fifty-one, as amended  by  public  law eighty-five-six hundred six declares it to be the policy and  intent of the congress that the responsibility for civil  defense  shall  be  vested  jointly  in  the federal government and the states and their  political subdivisions.    Nations with communist governments presently dominate one-third of the  population of the world. Some of these nations have aided  and  assisted  the  nations  which  have  perpetrated  aggression  in  Korea.  Acts  of  communist aggression have occurred in other parts of Asia and in Europe.    These  communist  governments  have  conducted  incessant   propaganda  attacks   upon   the   United   States  and  have  engaged  in  repeated  demonstrations of hostility. The president  of  the  United  States  has  stated  that  in  one  of  these  nations  there  has occurred an atomic  explosion. Our military leaders have  informed  us  that  these  nations  possess  bombers  capable  of  flying an atomic bomb to any point in the  state of New York.    The national security resources board has in its plan  for  organizing  civil  defense  stated  that an atomic bomb exploded in a large city can  destroy  virtually  all  property  and  lives   within   a   radius   of  three-fourths  of  a  mile  from  the point of explosion and cause great  damage at even greater distance. It is  estimated  that  a  single  such

  explosion  would kill nearly eighty thousand persons and severely injure  many more.    In view of the professed determination of the government of the United  States  to  resist  further  communist  aggression,  and  because of the  likelihood of resort to atomic and radiological weapons in the event  of  further conflict between this nation and communist aggressors, the peril  to  the  people of this state is sufficiently great that the precautions  embodied in this act must be taken.    The present inadequate  size  of  our  armed  forces,  their  lack  of  equipment,  critical shortages in essential goods and certain production  facilities make necessary intensified mobilization to the end  that  the  defense  of  the  United States be strengthened as speedily as possible.  Under all of the circumstances it is obvious that the  enormity  of  the  defense  effort which must be made by the United States will cause great  dislocation to its normal economy. One of the further purposes  of  this  act  is  to minimize the hardship resulting from these dislocations, and  to permit the fullest participation by the people of this state  in  the  defense effort.    It  is  the  purpose  of  this  legislation  to meet these dangers and  problems with the least possible interference with the existing division  of the powers of the government and the least possible  infringement  of  the  liberties of the people, including the freedom of speech, press and  assembly.    § 2-a. Further declaration of purpose and  findings  relating  to  the  protection of the people in the event of nuclear attack and recovery and  rehabilitation  after  attack. The legislature hereby finds and declares  that the aggressive forces of communism are employing threats of nuclear  attack to achieve their plan and purpose  of  world  domination  and  to  confound  the  aspirations of free people everywhere. It is increasingly  apparent that effective fallout protection as  an  integral  part  of  a  strong  civil  defense is essential to the nation's military defense, to  our negotiating strength, to the deterrence of nuclear aggression and to  our resistance to nuclear blackmail. In the  event  of  attack,  fallout  protection  and  a  comprehensive civil defense program are essential to  minimize injury and loss of life and to make possible  the  recovery  of  the  people,  the  restoration and rehabilitation of the state's economy  and the preservation of the spiritual, cultural and  political  heritage  of our nation.    The  entire  population  of the state is now exposed and vulnerable to  death or disability from any  nuclear  attack  that  might  be  launched  against us. While the radioactive fallout which follows the explosion of  nuclear  weapons  would  create  the most widespread danger faced by our  population in the event of a nuclear attack, the  means  for  protecting  the state's population from such fallout are known and are feasible.    In  furtherance  of the national goal declared by the president of the  United States to reach for fallout  protection  for  every  American  as  rapidly as possible and as an integral part of the state's comprehensive  civil  defense  program,  a  major objective of the state is to have for  each person in the state  of  New  York  fallout  protection  ready  and  adequate   for   survival,   which   will  make  possible  recovery  and  rehabilitation in the event of nuclear attack.    This objective can be achieved only  by  a  cooperative  effort  which  mobilizes the resources of individuals, business, labor, agriculture and  other  private  groups and government at every level--federal, state and  local. All levels of government must recognize and accept  their  mutual  obligations  to  plan, encourage and assist the orderly establishment of  adequate fallout shelters, readily accessible to all the people, but the  effectiveness of the  joint  effort,  public  and  private,  to  protect

  against  the  dangers  of nuclear attack will depend in large measure on  the success and vigor with which local communities and families organize  for their survival.    The state must give leadership and direction in this important task of  establishing a strong civil defense and achieving fallout protection for  each  person in the state. To this end the legislature has established a  broad coordinated civil defense program.    A primary consideration in this program for survival and  recovery  of  our  state  following a nuclear attack is the necessity for preservation  of our young people. Therefore, as an essential part of the  coordinated  civil  defense  effort  in each community, the authorities of public and  private  schools,  colleges  and  universities  should  provide  fallout  protection in or near their buildings and the state should encourage and  assist  financially  through  state civil defense aid the development of  such fallout protection. The state, by fostering fallout  protection  at  the  schools,  colleges  and  universities scattered over the length and  breadth of the state in every community, will not only aid in  providing  protection  for  our  young  people  but  will  also  thereby  provide a  direction and an awareness of the need for public and private action  in  support of the civil defense effort.    In addition, as a part of this program, the state should    --encourage and assist private individuals to provide adequate shelter  protection for their families, either singly or in groups;    --encourage   and   foster   the   construction  of  shelters  in  all  publicly-assisted housing;    --encourage and assist landlords  and  employers  to  provide  shelter  protection for their tenants and employees;    --encourage   local   offlcials  and  community  leaders,  within  the  framework of a coordinated civil defense plan, to take positive steps to  promote and assist the development of shelter protection by the citizens  individually and collectively in each locality; and    --construct and install shelters on state-owned  property  to  provide  protection for state workers and other occupants.    Furthermore, the state must cooperatively supplement the program being  provided  and  developed  by  the  federal government and the state must  share with the federal government the responsibility  of  insuring  that  all  protective  measures  adopted  reflect  the  latest  techniques and  developments available.    At all times the objectives and planning of civil  defense  should  be  directed  to  the  survival  not  only of the people of the state but of  their way of life. Intensive efforts must be made to establish the means  and methods which will, in the event of nuclear  attack,  make  possible  the  recovery  of  the people and the rehabilitation of the economic and  social life of the state following any such attack.    § 3. Definitions. As used in this act the following terms  shall  mean  and include:    1.  "Agency."  An  office,  department,  division,  bureau,  board  or  commission of the state or of a political subdivision thereof, including  volunteer agencies.    2. "Attack." Any attack, actual or imminent, or series of  attacks  by  an  enemy  or  a foreign nation upon the United States causing, or which  may cause, substantial damage or injury to civilian property or  persons  in  the  United States in any manner by sabotage or by the use of bombs,  shellfire,  or  nuclear,  radiological,  chemical,  bacteriological,  or  biological means or other weapons or processes.    3.  "City  director."  The  director  of  civil defense heading a city  office.

    4. "City office." A city office of civil  defense  or  a  consolidated  city office of civil defense.    5.  "Civil  defense."  All  those  activities and measures designed or  undertaken (l) to minimize the  effects  upon  the  civilian  population  caused  or  which  would  be  caused  by an attack, (2) to deal with the  immediate emergency conditions  which  would  be  created  by  any  such  attack,  and  (3)  to  effectuate emergency repairs to, or the emergency  restoration of, vital utilities and facilities destroyed or  damaged  by  any  such  attack. Such term shall include, but shall not be limited to,  (A)  measures  to  be  taken  in  preparation  for  anticipated   attack  (including  the  establishment of appropriate organizations, operational  plans, and the supporting agreements; the recruitment  and  training  of  personnel;  the  conduct of research; the procurement and stockpiling of  materials necessary to the survival, recovery and rehabilitation of  the  state and of its inhabitants; the provision of suitable warning systems;  the  construction  or  preparation  of  shelters  and  control  centers;  provisions for the continuity of state and local governments; and,  when  appropriate,  the  non-military  evacuation  of  civil  population); (B)  measures to be taken during attack (including the enforcement of passive  defense regulations prescribed by duly  established  military  or  civil  authorities;  the  movement  of  personnel  to  shelters; the control of  traffic and panic; and  the  control  and  use  of  lighting  and  civil  communications);   and   (C)  measures  to  be  taken  following  attack  (including but not limited to  activities  for  fire  fighting;  rescue,  emergency  medical,  health  and  sanitation  services;  monitoring  for  radiation and other specific hazards of special weapons; decontamination  procedures; unexploded bomb reconnaissance; essential debris  clearance;  emergency  welfare  measures;  immediately essential emergency repair or  restoration of damaged vital facilities; the implementation of the means  and methods for the recovery and rehabilitation of the state;  effective  utilization  of  all  persons  and materials; care and shelter for those  made homeless; distribution of stockpiled food, water, medical supplies,  machinery and other equipment; the preservation of  raw  materials;  the  restoration    of   essential   community   services,   industrial   and  manufacturing capacity, and commercial and financial activities  in  the  state; and the resumption of educational programs).    6.  "Civil  defense forces." Agencies, public officers, employees, and  enrolled   civil   defense   volunteers,   all   having    duties    and  responsibilities  under or pursuant to this act in connection with civil  defense.    7. "Commission." The state civil defense commission created by article  three of this act.    8. "Communication facility" or "communication device" shall  not  mean  or include a newspaper.    9.  "Council."  The  New York state defense council created by article  two of this act.    10. "County director." The director of civil defense heading a  county  office.    11.   "County   office."  A  county  office  of  civil  defense  or  a  consolidated county office of civil defense.    l2. "Defense effort." The preparation of the United States  and  other  nations  cooperating  with  it  for  defense  against attack and for the  conduct of war.    l3. "Defense emergency." The period beginning with the effective  date  of this act and ending upon the termination of the national emergency as  proclaimed  by the president of the United States on December sixteenth,  nineteen hundred fifty.

    14. "Drill." Any duly authorized activity of the state  civil  defense  commission  or  a local office of civil defense, or subdivision, service  or unit thereof, with  or  without  the  participation  of  the  general  public,  held  in  training  or  preparation  for  enemy  attack  or for  rehabilitation  and  recovery  procedures  following an attack. Drill is  synonymous with authorized  test,  training,  or  training  or  practice  exercise. Drill includes assistance by civil defense forces in combating  natural  or  peacetime  disasters upon the direction of a public officer  authorized by law to call upon a civil defense director  for  assistance  in protecting human life or property.    15. "Facilities." Buildings, shelters, utilities, and land.    16.  "Fallout  shelter." A building, structure or other real property,  or an area or portion thereof, so constructed, altered or improved as to  provide protection against harmful radiation resulting from  radioactive  fallout  in  accordance  with  the  plan,  regulations  or orders of the  commission  pertaining  thereto,  including  such   plumbing,   heating,  electrical,  ventilating,  conditioning,  filtrating  and  refrigerating  equipment and other mechanical additions or installations,  if  any,  as  may be an integral part thereof.    17. "Law." A general or special statute, law, city or village charter,  local  law,  ordinance,  resolution,  rule, regulation, order or rule of  common law.    18. "Local director." A county director or a city director.    19. "Local office." A county office or a city office.    20. "Materials." Raw  materials,  food,  water,  supplies,  medicines,  machinery,  equipment,  component  parts  and  technical information and  processes necessary for civil defense.    21.  "Municipal  agency."  An  agency  of  a   political   subdivision  responsible  for  police, fire, sanitation, public works, street, sewer,  water,  health,  emergency  or  other  services  involving  duties   and  responsibilities in connection with civil defense.    22.  "Political  subdivision."  A  county, town, city, village, school  district or other  district,  district  corporation  or  public  benefit  corporation.    23.  "Shelter."  A  building,  structure or other real property, or an  area or portion thereof, which is to  be  used  for  the  protection  of  persons  during  or  after an attack, including such services, utilities  and equipment, if any, as may be an integral part thereof.    24. "State director." The New York state director of civil defense.    25. "Volunteer agencies." Agencies  sponsored  or  authorized  by  the  commission  or local offices of civil defense the personnel of which are  in major part selected from  among  volunteer  persons  serving  without  compensation   and   may  include  wardens,  shelter  captains,  warning  services, auxiliary police, auxiliary firemen, bomb squads, radiological  units and personnel, rescue squads, emergency medical  units  and  other  medical   forces,   nurses'   aides,   repair   crews,   monitoring  and  decontamination squads, demolition crews and all  other  similar  forces  and services having duties and responsibilities in connection with civil  defense.                                  ARTICLE 1-A    §  5.  Persons  eligible  to  succeed  governor. If, as a result of an  attack or a natural  or  peacetime  disaster,  the  office  of  governor  becomes  vacant  and  each  of  the  lieutenant  governor, the temporary  president of the senate and the speaker of the  assembly  is  unable  to  discharge  the  powers and duties of the office of governor or is absent  from the state, then the officer of the state  who  is  (a)  highest  in  order  of the following list, (b) not otherwise unable to discharge such  powers and duties, and (c) not absent  from  the  state,  shall  act  as

  governor:        attorney    general,   comptroller,   commissioner   of  transportation,  commissioner  of  health,  commissioner  of   commerce,  industrial  commissioner,  chairman  of  the  public service commission,  secertary of state.    §  6. An individual who is acting as governor under this article shall  continue to do so until the vacancy in the office of governor  shall  be  filled  by  election or by the qualification of the lieutenant governor,  the temporary president of the senate or the speaker  of  the  assembly.  The  removal  of  a disability or the termination of an absence from the  state of an officer higher on the list contained in section one of  this  article  shall  not  terminate  the service in the office of governor of  such individual who is acting as governor.                                   ARTICLE 2                            State Defense Council   Section 10. State defense council established.          11. Organization.          12. Powers of council.          13. Utilization of existing services and facilities.          14. Assistance of political subdivisions.          15. Local defense councils.    § 10. State defense council established. There is hereby  created  and  established  a  temporary  state  commission to be known as the New York  state defense council.    § 11. Organization. 1. a. The council shall consist of  the  governor,  the   lieutenant-governor   and   the  attorney-general;  the  temporary  president of the senate, the minority  leader  of  the  senate  and  the  chairman  of  the senate finance committee; the speaker of the assembly,  the majority leader of the assembly, the minority leader of the assembly  and the chairman of the assembly ways and means committee; the  chairman  of  the  state  civil  defense  commission;  and  twelve  persons  to be  appointed by the governor by and with the  advice  and  consent  of  the  senate.  Except  as  hereinafter  provided  in  this  subdivision,  such  temporary president and minority leader of the senate, chairman  of  the  senate  finance  committee, speaker, majority leader and minority leader  of the assembly and chairman of the assembly ways  and  means  committee  shall  each  hold  office  until  his  successor  has  been  elected  or  appointed, as the case may be.  Such members appointed by  the  governor  shall  hold  office  during  the  pleasure of the governor. The governor  shall serve as chairman of the council and he may designate a member  of  the council to act as vice-chairman.    b.  Within  ten  days after the date this paragraph becomes effective,  and annually thereafter on or before the fifteenth day of  January,  the  temporary  president  of  the  senate shall file with the governor (1) a  list containing the names of three members of the senate  designated  by  the temporary president to act in his place and stead as a member of the  council,  in  the  order  in which such names appear on the list, in the  event a vacancy shall occur in the office of temporary president, or  he  is  unable to discharge the powers and duties of his office or is absent  from the state, and (2) a list containing the names of three members  of  the senate designated by the temporary president to act in the place and  stead of the chairman of the senate finance committee as a member of the  council,  in  the  order  in which such names appear on the list, in the  event a vacancy shall occur in the office of such  chairman,  or  he  is  unable  to  discharge  the  powers and duties of his office or is absent  from the state. A member of the senate who is acting as a member of  the  council  pursuant  to this paragraph shall possess and discharge all the  powers and duties of his principal, provided, however, that he shall  be

  disqualified  from  so  acting  upon  the  occurrence  of  either of the  following events: (1) that he has vacated, or is unable to discharge the  powers and duties of, the office of member of the senate  or  is  absent  from  the  state,  or (2) that the vacancy, disability or absence of his  principal or of the member of the senate in whose place he  is  serving,  as the case may be, has ceased to exist.    c.  Within  ten  days after the date this paragraph becomes effective,  and annually thereafter on or before the fifteenth day of  January,  the  minority  leader  of  the  senate  shall  file  with the governor a list  containing the names of three members of the senate  designated  by  the  minority  leader  to  act  in  his  place  and  stead as a member of the  council, in the order in which such names appear on  the  list,  in  the  event  a  vacancy shall occur in the office of minority leader, or he is  unable to discharge the powers and duties of his  office  or  is  absent  from  the state. A member of the senate who is acting as a member of the  council pursuant to this paragraph shall possess and discharge  all  the  powers  and duties of his principal, provided, however, that he shall be  disqualified from so  acting  upon  the  occurrence  of  either  of  the  following events: (l) that he has vacated, or is unable to discharge the  powers  and  duties  of, the office of member of the senate or is absent  from the state, or (2) that the vacancy, disability or  absence  of  his  principal  or  of the member of the senate in whose place he is serving,  as the case may be, has ceased to exist.    d. Within ten days after the date this  paragraph  becomes  effective,  and  annually  thereafter on or before the fifteenth day of January, the  speaker of the  assembly  shall  file  with  the  governor  (1)  a  list  containing  the names of three members of the assembly designated by the  speaker to act in his place and stead as a member of the council, in the  order in which such names appear on the list, in  the  event  a  vacancy  shall  occur  in the office of speaker, or he is unable to discharge the  powers and duties of his office or is absent from the state, and  (2)  a  list containing the names of three members of the assembly designated by  the  speaker to act in the place and stead of the majority leader of the  assembly as a member of the council, in the order in  which  such  names  appear  on the list, in the event a vacancy shall occur in the office of  majority leader, or he is unable to discharge the powers and  duties  of  his  office  or  is absent from the state, and (3) a list containing the  names of three members of the assembly designated by the speaker to  act  in  the  place  and stead of the chairman of the assembly ways and means  committee as a member of the council, in the order in which  such  names  appear  on the list, in the event a vacancy shall occur in the office of  such chairman, or he is unable to discharge the powers and duties of his  office or is absent from the state. A member  of  the  assembly  who  is  acting  as  a  member  of  the  council pursuant to this paragraph shall  possess and discharge all  the  powers  and  duties  of  his  principal,  provided, however, that he shall be disqualified from so acting upon the  occurrence  of  either of the following events: (1) that he has vacated,  or is unable to discharge the powers and duties of, the office of member  of the assembly, or is absent from the state, or (2) that  the  vacancy,  disability  or absence of his principal or of the member of the assembly  in whose place he is serving, as the case may be, has ceased to exist.    e. Within ten days after the date this  paragraph  becomes  effective,  and  annually  thereafter on or before the fifteenth day of January, the  minority leader of the assembly shall file  with  the  governor  a  list  containing  the names of three members of the assembly designated by the  minority leader to act in his  place  and  stead  as  a  member  of  the  council,  in  the  order  in which such names appear on the list, in the  event a vacancy shall occur in the office of minority leader, or  he  is

  unable  to  discharge  the  powers and duties of his office or is absent  from the state. A member of the assembly who is acting as  a  member  of  the  council  pursuant to this paragraph shall possess and discharge all  the powers and duties of his principal, provided, however, that he shall  be  disqualified  from  so  acting  upon the occurrence of either of the  following events: (1) that he has vacated, or is unable to discharge the  powers and duties of, the office of member of the assembly or is  absent  from  the  state,  or (2) that the vacancy, disability or absence of his  principal or of the member of the assembly in whose place he is serving,  as the case may be, has ceased to exist.    2. The members of the council shall serve  without  compensation,  but  shall  be  reimbursed for their traveling and other expenses, within and  without the state, actually and necessarily  incurred  by  them  in  the  performance of their duties under this act.    3.  The  council may employ such officers, including counsel, and such  other  technical,  clerical,  stenographic  and   other   employees   or  assistants as it may require, prescribe their powers and duties, and fix  their compensation within available appropriations.    4.  The  council  shall  meet on the first Wednesday of each month, if  called by the chairman, and at such other times and at  such  places  as  the  chairman  may direct. The council may prescribe the manner in which  it may be convened in case the  chairman  is  unable  to  discharge  the  duties  of  his  office.  A majority of the members of the council shall  constitute a quorum, excepting that in the event of attack any number of  members attending a meeting shall constitute a quorum with  the  consent  of the governor.    5.  No  part of any moneys appropriated to the council may be expended  except pursuant to resolution of the council. The council  may  allocate  out  of  the  appropriations  made available to it moneys for functions,  activities, facilities or services authorized by it  and  authorize  the  expenditure  of  such moneys by the executive officer or officers having  charge of such function, activity, facility or service with the approval  of the chairman or vice-chairman of the council, or of an officer of the  council designated by the chairman.    6. For the purpose of meeting unforseen emergencies within the purview  of this act, the council is authorized (a) to allocate to  the  governor  from  time  to time sums to be expended pursuant to his direction in the  event of attack, and (b) to empower the governor or  a  subcommittee  to  take  administrative  action  in  its behalf. The governor and each such  subcommittee shall report  to  the  council  at  each  meeting  of  such  expenditures  or actions theretofore made, authorized or taken by him or  it since the preceding report.    § 12. Powers of council. Notwithstanding the provisions of  any  other  law, but subject to the state constitution, the federal constitution and  the  federal  statutes  and  regulations made pursuant to it, during the  defense emergency the council shall provide  (a)  for  unanticipated  or  emergency  needs  for  the  protection  of  the safety and health of the  people of the state in event of attack, and (b) for the mobilization and  efficient utilization of all the resources and facilities in  the  state  in  aid  of  the  defense effort. Without prejudice to the generality of  such powers the council may to the extent  necessary  or  expedient  for  either of such purposes:    1.  Make  studies  and surveys with respect to all activities, matters  and things related thereto.    2. Cooperate with agencies established by or pursuant to laws  of  the  United  States  and of the several states to promote the defense effort,  and coordinate the work or activities of all state  and  local  agencies

  and  of  all  other  groups  having  substantially  similar  objects and  purposes.    3.  Authorize cooperative relationships between agencies of the state,  between such agencies and agencies of political subdivisions and between  agencies of the same or different political subdivisions.    4. Restrict, regulate or implement any  power  or  duty  which  by  or  pursuant  to  this  act  is granted to or imposed upon any agency of the  state or of any political subdivision and exercise or perform itself, or  restrict, regulate or require the exercise or performance  of  any  such  power or duty.    5. Require agencies of the state to act as agencies of the council, or  create  agencies  of  the council, to aid and assist in the discharge of  one or more of the functions of the council and grant authority to  such  agencies  as may be deemed necessary for the effective accomplishment of  any of such functions.    6. Request and obtain such cooperation, assistance, data and personnel  from any agency of the state or of  any  political  subdivision  as  the  council may reasonably require for the consummation of its work.    7.   Consolidate,  curtail  or  abolish  offices,  positions,  powers,  functions or duties  created,  performed  or  imposed  pursuant  to  the  authority or requirements of this act.    8.  Establish  programs  to  encourage  and make effective maximum and  efficient production, harvesting, processing and  preservation  of  food  and  other  products  essential  to the defense effort and efficient and  proper transportation, distribution, vending and utilization thereof and  to recruit, enroll, train and organize persons for such purposes.    9. When requested by the president or the congress or the  head  of  a  federal  department,  agency  or office having duties in connection with  the defense effort, or when necessary for the safety and health  of  the  people  of  the  state  authorize labor, business or work on Sundays and  legal holidays and regulate such labor, business or work to  the  extent  necessary  for  the  safety and health of persons employed in connection  therewith and in a manner consistent so  far  as  practicable  with  the  needs of public worship and the quiet and repose of the community.    10.  Issue  or provide for the issuance for a period or periods not to  exceed thirty days  each  of  any  license,  permit  or  certificate  of  registration issued or which may be issued by any agency of the state or  of  a  political  subdivision thereof, and extend or vary or provide for  the extension or variance for a period  or  periods  of  not  to  exceed  thirty  days  each  of  the  terms, conditions and requirements thereof;  provided such license, permit or certificate shall be issued only  to  a  person  who  holds  in some other place or has previously held a similar  license, permit or certificate or who is reasonably able to execute  the  authority  and provisions of such license, permit or certificate without  danger to the public health or safety.    11. Establish or provide for the establishment of orders of priorities  for construction work by the state or by political subdivisions thereof,  giving consideration to urgency of need, cost, availability of  material  and  manpower,  relation  to  the  defense effort, the practicability of  substitute structures or the  use  of  substitute  materials,  the  time  required  for  construction,  the  probable  date of completion and such  other factors as may be deemed relevant by the council.    12. In the event of  attack  or  when  as  a  result  of  attack  such  publication  is  impracticable,  suspend requirements of law relating to  the publication of notices and prescribe substitute forms of notice.    13.  Adopt  and  make  effective  rationing,  freezing,  price-fixing,  allocation  or  other  orders or regulations imposed by the authority of

  the federal government in aid of the defense effort and enforce any such  orders or regulations.    14.  Restrict  and  regulate  by  rationing,  freezing,  price-fixing,  allocation or otherwise, the use, sale or distribution  of  food,  feed,  fuel, clothing and other commodities, materials, goods or services which  are  essential  to  the  health, safety and welfare of the people of the  state and which are scarce or as to which there is  imminent  danger  of  scarcity,  to  the  extent necessary to prevent danger to the health and  safety of the people of the state or to prevent substantial interference  with the  defense  effort.  In  connection  therewith  the  council  may  temporarily  suspend  provisions  of law requiring the use of particular  kinds of such commodities, materials, goods or services, or  prohibiting  substitutes  therefor when such suspension is consistent with safety and  health, and may take such other action as may be necessary  to  minimize  the  effect  of  such  scarcity.  No  regulation or order of the council  promulgated pursuant to this subdivision shall  remain  in  effect  more  than  ninety days unless extended by law, provided, however, that if the  council or the governor shall determine that because of an attack it  is  impossible  to assemble a quorum in each house of the legislature within  such ninety day period, such a regulation or order may remain in  effect  in  accordance  with  its terms, but in no event longer than thirty days  after the council or the governor has determined that it is possible  to  assemble such quorums.    15. In the event of attack provide for the protection and preservation  of property, whether publicly or privately owned, by the owner or person  in control thereof or otherwise.    l6.   In   the  event  of  attack  protect  the  deposits  of  banking  organizations and maintain the banking structure of the state;  maintain  the  business  of  insurance  and  protect  the  interests of holders of  insurance policies and contracts and beneficiaries  thereunder  and  the  interests of the public in connection therewith.    17.  In  the  event  of  attack,  order the effectiveness of emergency  by-laws which may have been previously adopted by a domestic corporation  as hereinafter set forth, provided that  such  emergency  by-laws  shall  cease to be effective when the council declares the end of the period of  attack.  Emergency  by-laws  may  be  adopted in the same manner as that  provided for the adoption of ordinary by-laws and may contain provisions  applicable only during the period of attack with respect to  the  number  of  directors who shall constitute a quorum at a meeting of the board of  directors, the number of votes necessary for action by such  board,  the  procedure  for  holding  a  special election of directors, the manner in  which vacancies on the board of  directors  shall  be  filled,  and  the  interim  management of the affairs of the corporation. Emergency by-laws  need not comply with the provisions of the certificate of  incorporation  or  other  certificate of such corporation filed pursuant to law or with  any provision of the general corporation law, the stock corporation law,  the business corporation law or the membership corporation  law  related  to  the  matters  specifically  authorized  by the immediately preceding  sentence to be the subject matter of  such  by-laws.  This  subdivision,  however,  shall  not  apply  to  domestic corporation, which, other than  insurance premium finance  agencies  and  sales  finance  agencies,  are  formed  under  or licensed pursuant to the banking law or which are bank  holding companies or which are insurance  organizations  as  defined  in  subdivision one of section ninety-six of this act.    The council shall have power to adopt, promulgate, supplement, rescind  and  modify plans, regulations and orders to make effective such powers.  Any such plan, regulation or order shall have the force  and  effect  of  law  ten  days  after  filing  in  the office of the department of state

  except that upon a finding by the council that an earlier effective date  is necessary to the safety and health of the people of the state such  a  plan,  regulation  or  order  may  be effective at such time after it is  filed  in  such  office  as  the  council  shall provide. Any such plan,  regulation or order shall remain in effect during such period or periods  of time as it shall provide. The secretary of state  shall  as  soon  as  possible after any such plan, regulation or order has been so filed mail  a  copy  thereof to the clerk of each county, town, city and village who  shall keep it on file in his office during the effective period  thereof  but  failure  to  mail such copy to any such clerk or the failure of any  such clerk to file it shall not affect the validity of  any  such  plan,  regulation  or  order.  The  council  shall  make adequate provision for  publication of such plans, regulations and orders, which  provision  may  include  publication  in  the state bulletin or periodic circulars to be  issued by the department of state.    § 13. Utilization of existing services and facilities.    In  carrying  out  their  functions  under  this  act,  the council and each political  subdivision of  the  state  shall  utilize,  so  far  as  possible,  the  services, equipment, supplies and facilities of existing agencies of the  state  and  of the political subdivisions thereof. All such officers and  agencies, and the personnel thereof, shall  cooperate  and  extend  such  services, equipment, supplies and facilities as are required of them.    §  14.  Assistance  of  political  subdivisions.  1.  Every  political  subdivision shall have power to (a) assist in the  effectuation  of  any  matter  undertaken  by  the council, (b) provide such assistance through  existing agencies or new agencies, and (c) expend money therefor.    2. No political subdivision or any agency thereof shall have power  to  adopt  or  enforce  any local law, ordinance, resolution, order, rule or  regulation which is inconsistent with a plan, regulation or order of the  council.    § 15. Local defense councils. Any county, city, town  or  village  may  provide  for  the  establishment  of a defense council to assist in such  planning, advisory, coordinating and educational activities as the local  legislative  body  may  determine  and  within   the   amount   of   the  appropriation available therefor.                                   ARTICLE 3                                Civil Defense   Section 20.   Civil defense commission established; state director.          21.   Powers and duties of commission.          22.   Local civil defense.          23.   Specific requirements in cities and counties.          23-a. Authority  of political subdivisions to provide facilities                  and materials essential to public safety.          23-b. State civil defense aid for counties and cities.          23-c. Purchase  of  civil  defense  resources,   materials   and                  facilities through the federal government.          23-d. Taking  necessary  steps  for  continuing the operation of                  essential railroads.          24.   Special provisions relating to cities of over one  hundred                  thousand.          25.   Powers in event of attack.          25-a. Defense emergency aid.          26.   Conscription for civil defense forces.          27.   Consolidation of local offices.          28.   Mutual aid.          29.   Local financial provisions.          29-a. Continuity of political subdivisions.

          30.   Removal or suspension of public officers.          31.   Utilization of existing services and facilities.          32.   Privileges and immunities.          33.   Administration of civil defense oaths.    §  20.  Civil defense commission established; state director. 1. There  is hereby continued in the division of military and naval affairs in the  executive department a state civil defense commission to consist of  the  same  members  as the members of the disaster preparedness commission as  established in article two-B of the  executive  law.  In  addition,  the  superintendents  of  banking and insurance, the chairman of the workers'  compensation board and the director of the division of veterans' affairs  shall be members.  The governor shall designate one of  the  members  of  the  commission  to  be the chairman thereof. The commission may provide  for its division into subcommittees and for action by such subcommittees  with the same force and effect as action by the full  commission.    The  members  of the commission, except for those who serve ex officio, shall  be  allowed  their  actual  and  necessary  expenses  incurred  in   the  performance  of  their  duties  under  this article but shall receive no  additional compensation for services rendered pursuant to this article.    2. The commission may from time to time establish, alter,  or  abolish  civil  defense  districts in the state and establish or abolish district  offices of civil defense.    3. The commission may appoint and  at  its  pleasure  remove  a  state  director,  who  may  be a member of the commission, prescribe his duties  and  fix  his  compensation  within  the  appropriation  made  available  therefor,  provided,  however,  that  if  the  director  so appointed is  receiving compensation for services as an officer  or  employee  of  the  state  he shall receive no additional compensation for services rendered  pursuant to this article but shall be allowed his actual  and  necessary  expenses  incurred  in the performance of his duties under this article.  Such state director, subject to  the  supervision  and  control  of  the  commission,  shall  exercise  all of the functions, powers and duties of  the commission which may be delegated to him by the commission.    4. The state director, with the  approval  of  the  commission,  shall  appoint  and may remove such deputies, assistants, counsel and employees  as  may  be  deemed  necessary  and  fix  their  salaries   within   the  appropriation made available therefor.    §  21. Powers and duties of commission. Because of the existing danger  of disasters of unprecedented size and  destructiveness  resulting  from  attack and in order to insure that the preparations of the state will be  adequate  to  deal  with such disasters and generally to provide for the  civil defense, and to assist other states and the federal government  to  achieve  these  objectives  throughout  the nation, the commission shall  have the following powers and perform the following duties:    1. To obtain from any public officer and any other person any and  all  information  necessary  for  civil defense, including but not limited to  the nature, extent, location and  availability  for  use,  of  manpower,  skilled  and  unskilled;  municipal agencies; land; food, fuel, feed and  water; housing, shelter and related facilities; hospitals,  clinics  and  other  health  and  welfare  facilities;  schools  and other educational  facilities; sanitation facilities; recreation facilities; organizations,  materials,  power,  plants  and   other   facilities   for   production,  manufacturing, transportation, finance, agriculture, commerce and public  health and safety.    2. Hold hearings and conduct investigations; the chairman, director or  the  commission may issue a subpoena requiring a person to attend before  the commission and be examined in reference to any  matter  relating  to  civil  defense  and in a proper case to bring with him a book, paper, or

  thing. The provisions of article twenty-three of the civil practice  law  and rules shall apply with respect to a subpoena issued pursuant to this  section.  Any member of the commission or the director may administer an  oath to a witness.    3. Adopt, promulgate, supplement, rescind, modify and make effective a  comprehensive plan for the civil defense of the state, including but not  limited to provisions for:    A. In General.    a.  Medical  treatment,  food,  clothing  and  shelter and other items  necessary in the event of attack and during the period of rehabilitation  and recovery following attack.    b. Location, procurement,  construction,  processing,  transportation,  storing,  maintenance,  renovation  or  distribution  of  materials  and  facilities.    c. Protection for every person in the state from fallout radiation and  other dangers resulting from attack.    d. Construction, installation and maintenance by owners and  users  of  property  of  shelters  and  other  devices  and facilities essential to  public safety during and subsequent to attack.    B. Organization and Administration.    e. Programs for the training and information of the public,  including  but  not limited to the achievement of protection from fallout radiation  and other dangers resulting from attack, practice blackouts,  drills  or  tests,  mobilization  of civil defense forces, the shutting off of water  mains, gas mains, electric power connections and the suspension of other  utility services.    f.  Recruitment,  organization,  staffing,   maintenance,   equipment,  training,  mobilization  and  utilization  of  volunteer agencies either  directly or through political subdivisions of the state.    g. Equipment, training and utilization of municipal agencies.    h. Establishment of control and report centers and  other  operational  headquarters and facilities.    i. Warning systems and signals.    j.  Assignment,  recruitment, organization, training and mobilization,  in  conjunction  with  the  commissioner  of  transportation   and   the  commissioner  of  health,  of all publicly owned construction and health  service equipment  and  publicly  employed  construction,  radiological,  health  service  and  sanitation  personnel  into  public  works, public  utility, monitoring, decontamination, rescue and health service teams.    k. Identification, location and planning for the integration with such  publicly equipped and publicly employed teams  of  all  privately  owned  construction  and  health  service  equipment,  all  privately  employed  construction, radiological, health service and sanitation personnel  and  all public utility installation and maintenance personnel.    l.  Evacuation  of  certain persons in the event of or anticipation of  attack, including the establishment of temporary housing and schools and  other emergency facilities.    C. Continuity of Government.    m. Recruitment, training and equipment of radiological control  center  personnel,  decontamination  specialists  and  radiological monitors and  maintenance  of  the  necessary  radiological   staff,   materials   and  facilities.    n. Continuity of government of the state and of political subdivisions  of the state.    o.  Storage  of  essential  governmental  records  of the state and of  political subdivisions of the  state  in  conjunction  with  the  public  officers having responsibilities therefor under other provisions of law.    D. Public Order.

    p.  Enforcement  of  all  laws  relating  to  civil  defense  and  the  regulations or orders of the council and  commission  in  the  event  of  attack and during the period of rehabilitation and recovery following an  attack.    q.  Control  of  pedestrian  and vehicular traffic, transportation and  communication facilities, public utilities and the  conduct  of  persons  other than members of the armed services or military forces in the event  of  an  attack,  during  drills  and  tests  and  immediately  prior and  subsequent thereto, and during the period of rehabilitation and recovery  following an attack.    r. Guarding  and  protection  of  water  supplies,  railroads,  public  utility  property,  bridges,  docks, highways, airports, landing fields,  public buildings, factories, plants,  stockpiles,  vital  and  strategic  materials  and  other  focal  points  of  possible  attack,  the loss or  destruction of which might menace or endanger the security and safety of  the civilian population,  impede  the  military  forces  or  impede  the  defense effort.    s.  The  effective  screening  and  extinguishing  of lights, lighting  devices and appliances.    t. Protection and preservation of property in the event of attack  and  during the period of rehabilitation and recovery following an attack.    E. Intergovernmental Relations.    u.  Cooperation  and  liaison with officers and agencies of this state  and its political subdivisions, of  other  states  and  their  political  subdivisions  and of the federal government and, through the commission,  by  the  officers  and  agencies  of  this  state  and   its   political  subdivisions  and those of other states and their subdivisions and those  of the federal government.    v. Mutual aid  arrangements  between  political  subdivisions  of  the  state.    w. Consolidation of local offices of civil defense, provided, however,  that no order requiring consolidation of two or more local offices shall  be  adopted by the commission unless it shall have held a public hearing  thereon and shall have sent written notices of  its  intention  to  hold  such  hearing  to the chief executive officers and the local legislative  bodies of the county or city or cities to be affected thereby  at  least  ten days prior to the date fixed therefor.    F. Recovery and Rehabilitation.    x.  Civil  defense  measures  to  be  taken  following attack, such as  monitoring for radiation and other specific hazards of special  weapons;  decontamination  procedures;  essential  debris  clearance;  immediately  essential emergency repair or restoration of damaged  vital  facilities;  implementation   of   the   means  and  methods  for  the  recovery  and  rehabilitation of the state; effective utilization of  all  persons  and  materials;  distribution  of  stockpiled  food, water, medical supplies,  machinery and other equipment; the preservation of  raw  materials;  the  restoration    of   essential   community   services,   industrial   and  manufacturing capacity, and commercial and financial activities  in  the  state;  the  resumption  of  educational programs and the termination of  emergency measures taken pursuant to the plan, orders or regulations  of  the commission after an attack.    y.  The  continued  operation  of  all  utilities,  sources  of power,  essential railroads and other transportation facilities.    z. Care for the injured and needy and identification  and  disposition  of the dead after attack.    4.  Adopt,  promulgate,  supplement,  rescind,  and modify regulations  necessary to execute and implement its powers and duties which  are  not  inconsistent with any plan, regulation or order of the council. Any such

  regulation  shall have the force and effect of law ten days after filing  in the office of the department of state except that upon a  finding  by  the commission that an earlier effective date is necessary to the safety  and  health  of  the  people of the state, such a regulation may be made  effective at such  time  after  it  is  filed  in  such  office  as  the  commission  shall  provide.  Any  such regulation shall remain in effect  during such period or periods of time as it shall provide. The secretary  of state shall, as soon as possible after such a regulation has been  so  filed,  mail  a copy thereof to the clerk of each county, town, city and  village who shall keep it on file in his  office  during  the  effective  period thereof, but failure to mail such a copy to any such clerk or the  failure  of  any  such clerk to file it shall not affect the validity of  any such regulation. The commission shall make  adequate  provision  for  publication of such regulations, which provision may include publication  in  the  state  bulletin  or  periodic  circulars  to  be  issued by the  department of state.    5. Subject to the approval of the  governor,  enter  into  mutual  aid  agreements,  compacts  or arrangements in relation to civil defense with  other states,  their  political  subdivisions  or  their  civil  defense  authorities.    6.   Notwithstanding   the   provisions  of  sections  twenty-two  and  twenty-three or any other provision of this act, by  order,  direct  the  performance  of specific duties under the plan, regulations or orders of  the commission and require compliance with standards established by such  plan, regulations or orders  by  agencies,  local  directors  and  other  public  officers  having administrative responsibilities under this act,  including full or  partial  mobilization  of  civil  defense  forces  in  advance  of  attack.  The  commission is authorized to vary or modify in  whole or part any provision or requirement of  sections  twenty-two  and  twenty-three  of this act where strict compliance with such provision or  requirement would entail practical  difficulties  or  cause  unnecessary  hardship or is otherwise found to be unwarranted.    7.  Remove  any  member  of  any  volunteer  agency  for incompetence,  misconduct, neglect of duty, disloyalty or subversive activity.    8. Require reports from agencies and public officers at such times and  in the form prescribed by the commission.    9. To appropriate,  through  the  commissioner  of  transportation  or  otherwise,  real property or any interest therein in accordance with the  method provided in section thirty of the highway law.    10. Report to the governor  and  to  the  legislature  concerning  its  activities at least once a year and whenever requested.    § 22. Local civil defense.  1. Every county, except those contained in  the  city of New York, and every city shall prepare and make effective a  plan of civil defense conforming to the plan, regulations and orders  of  the commission. The chief executive officer of each county, including in  counties not having an executive the chairman or other presiding officer  of the legislative body of the county as defined in subdivision seven of  section  two  of  the  municipal  home rule law, and the chief executive  officer of each city shall be  responsible  for  developing  and  making  effective  such  plan,  and  for the execution and implementation of the  provisions of this article relating to such county or city, as the  case  may  be,  and  of  the  regulations  or orders issued by the commission.  Notwithstanding any other law, to the extent of appropriations available  therefor, he may authorize any expenditure necessary to effectuate  such  organization, plan or orders.    2.  Such  chief  executive  officer  shall  create  an office of civil  defense to perform his duties and execute his powers under this section.  The head of such office shall be the local director  of  civil  defense.

  The  chief executive officer may be the local director or he may appoint  and at pleasure remove a local director. Except as otherwise provided by  section twenty-seven of this act, a  local  director  heading  a  county  office  shall have jurisdiction throughout the territorial limits of the  county for which he is appointed, exclusive  of  the  areas  within  the  cities  therein,  and  a local director heading a city office shall have  jurisdiction throughout the territorial limits of the city for which  he  is  appointed.  The director, if other than the chief executive officer,  may be paid a salary by the county or city for  which  he  is  appointed  and, notwithstanding the provisions of section two hundred of the county  law,  or  of any other law, a county may pay compensation to a member of  its board of supervisors, other than the chief  executive  officer,  for  service  as  the director of its county office. The director may appoint  and at pleasure remove deputies, assistants and employees and  prescribe  their  duties.   The salaries of such director, deputies, assistants and  employees shall be fixed in  the  manner  generally  applicable  to  the  fixing  of  salaries of officers and employees of the county or city, as  the case may be. Within the amount of  the  appropriation  therefor  and  subject to the terms and conditions of such appropriation, such director  shall have power to hire persons whose services are temporarily required  to  perform  the powers and duties granted to or imposed upon the county  or city by this act.    A county director may appoint the mayor of a village in the county  to  be  the  deputy director for such village and may appoint the supervisor  of a town in the county to be the deputy director for the portion of the  town outside the village or villages therein. In the event such a  mayor  or  supervisor declines to serve as such deputy, the county director may  appoint a person residing in the village or town, as the case may be, to  serve as the deputy director therefor. Such a deputy director, if  other  than  the  mayor  or supervisor, may receive a salary for his service as  such and, if the county does not pay a salary to  him,  the  village  or  town  for  which  he  is  appointed may do so. A village or town may pay  salaries to persons employed in the office of  such  a  deputy  and  the  expenses of such office in the event the county does not do so.    With the approval of the governing bodies of a town and of one or more  villages  therein,  a  county  director  may  appoint a person to be the  deputy director for such village or villages and  the  portion  of  such  town,  outside  the  other  village  or  villages  therein.  Such deputy  director, if not the supervisor of the town or the mayor of  a  village,  may  receive  a  salary for his services as such and, if the county does  not provide a salary for him, the town may do  so.  Such  town  may  pay  salaries  to  the  persons employed in the office of such deputy and the  expenses of such office in the event the county does not do so.    3. The chief executive officer of every county outside of the city  of  New  York  and  of every city, town or village shall by order direct the  performance by agencies and public officers of such county,  city,  town  or  village  as  the  case  may  be,  of  specific duties to execute and  implement the provisions of this article and the  plan,  regulations  or  orders  of  the  commission  and  council,  relating  to  the  political  subdivision. Such order shall be consistent with and  shall  conform  to  the  plan, regulations or orders of the commission and council and those  of the local office of civil defense.    4. To execute the purposes of this article the  local  director  shall  have the following powers and duties:    a.  To require reports from agencies and public officers of the county  or city at such times and in the form prescribed by him.    b. To remove any member of  any  volunteer  agency  for  incompetence,  misconduct, neglect of duty, disloyalty or subversive activity.

    c.  To  adopt,  amend  and  rescind  regulations  consistent  with and  necessary to execute  and  implement  the  provisions  of  this  article  relating to counties and cities and the plans, regulations and orders of  the  commission; such regulations shall, when filed with the commission,  and  the clerk of the county or city, as the case may be, have the force  and effect of law.    d. Report to the commission and the  local  legislative  body  of  the  county  or  city,  as the case may be, at least once a year and whenever  such report is requested by such body.    § 23. Specific requirements in cities and counties. In furtherance  of  its  responsibility  under  section  twenty-two,  and  not in limitation  thereof, each county, except those contained in the city  of  New  York,  and  each  city shall in conformity with the plan, regulations or orders  of the commission, in order to prepare for attack and for the period  of  rehabilitation and recovery following an attack:    A. In General.    1.  a.  Within  sixty days after request by the commission pursuant to  this act, submit to the commission a plan in the form  requested  by  it  providing  for  the full integration of existing resources, of manpower,  materials, facilities and services into a  civil  defense  force  and  a  detailed  plan  for  civil  defense  operations  in the event of attack,  specifying all proposed  units,  installations,  materials,  facilities,  proposed assembly points, routes, standard operating procedures and such  other information as may be required by the commission.    b.  Upon  receipt  of  such  plan,  the  commission  shall  approve or  disapprove the plan as soon as possible. If supplemental information  is  required,  the  county  or  city  shall  so  furnish  it within the time  specified by the commission. If the  commission  does  not  approve  the  plan, it shall inform the local director and the chief executive officer  of  the  county or city of the reason for disapproval. After giving such  director and the chief executive officer an opportunity to be heard  the  commission  may  reject the plan or amend it as it deems necessary. When  approved, such plan shall become the plan of civil defense of such  city  or county.    c.  If the plan is rejected, such city or county shall, in conformance  with the requirements of the commission and within the time fixed by the  commission, submit a superseding plan. If the commission disapproves the  superseding plan or if it is not submitted within the time fixed by  the  commission, the commission shall report the matter to the governor.    2.  Acquire,  construct,  install,  store  and maintain facilities and  materials in accordance with the provisions of section twenty-three-a of  this act.    B. Organization and Administration.    3. Institute public information programs to  keep  residents  informed  with  respect  to  achieving protection from fallout radiation and other  dangers resulting from attack and with  respect  to  all  other  matters  necessary to personal and public safety during and subsequent to attack.    4.  Equip  and  train  the  members  of all m