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