2023 New York Laws › 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
superintendent  of  financial  services, the chairperson of the workers'
compensation board and the commissioner of the department  of  veterans'
services  shall  be  members.  The  governor  shall designate one of the
members of the commission to be the chairperson 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  municipal  agencies  for  the
performance  of  specific  civil defense duties during and subsequent to
attack.
5. Organize, approve, recruit, equip and train volunteer agencies  for
civil defense purposes.
6.   Classify   buildings,  structures  and  other  real  property  in
accordance with their suitability for shelter use and for the safety and
health of the people during and subsequent to attack, and designate such
thereof as may be appropriate and feasible for such purposes.
7. Establish, equip and operate control centers for use  in  directing
civil defense activities during and subsequent to attack.
8.  Establish,  staff  and  operate  such  observation  posts, warning
centers and similar facilities as may be required by the commission.
9. Conduct tests and drills necessary to train  civil  defense  forces
and to acquaint the public with civil defense procedures.
10.  Establish  such communication systems as are necessary for prompt
and effective transmission of orders and information.
11.  Recruit  and  train  physicians,  nurses  and  auxiliary  medical
personnel to provide medical care during and subsequent to attack.
12.  Establish  emergency  facilities  to  increase  the  capacity  of
existing hospitals within such city or county.
l3. Organize, staff and equip all medical  laboratories  as  emergency
blood procurement centers.
14.  Assign,  recruit and organize 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.
15. Identify, locate and plan for  integration  with  such  teams  all
privately  owned  construction and health service equipment, all trained
construction, radiological, health service and sanitation personnel  and
all public utility installation and maintenance personnel.
l6.  Assign,  and  equip  publicly  owned  vehicles  for civil defense
purposes.
17. Survey all housing facilities to  determine  maximum  capacity  to
receive homeless persons and evacuees.
C. Continuity of Government.
18.  Recruit,  train  and equip radiological control center personnel,
decontamination specialists and radiological monitors and  maintain  the
necessary supporting staff, materials and facilities.
19. Provide protected emergency operating centers for the continuation
of local government operations during and subsequent to an attack.
20.   Provide,   in   accordance   with   the  provisions  of  section
twenty-nine-a of this act, for the continuity of political  subdivisions
during and subsequent to an attack by
(a)   establishing  lines  of  succession  of  elected  and  appointed
officers, and
(b) modifying the quorum  requirements  of  legislative  or  governing
bodies  to  permit  the  continuance  of official action under emergency
conditions.
21. Make provision for the storage of essential governmental records.
D. Public Order.
22. Recruit, equip  and  train  auxiliary  police  or  special  deputy
sheriffs  in  sufficient number to maintain order and control traffic in
the event of an attack and to perform such other  police  and  emergency
civil  defense  functions  as  may  be required during and subsequent to
attack.
23. Control pedestrian and vehicular traffic during tests  and  drills
and during and subsequent to attack.
24.  Recruit,  equip  and  train  either  directly  or  through  other
political subdivisions of the  state  auxiliary  firemen  in  sufficient
numbers  to  permit the most effective utilization of all fire apparatus
and to perform such other fire  fighting  and  emergency  civil  defense
functions as may be required during and subsequent to attack.
E. Recovery and Rehabilitation.
25.  Provide  means and methods for the recovery and rehabilitation of
such city or county following an attack.
26. Recruit, train and equip an organization to care  for  persons  in
need of defense emergency aid as a result of attack.
§  23-a. Authority of political subdivisions to provide facilities and
materials essential to public safety.  Each political subdivision of the
state, the board of higher education in the city of New York, and,  with
respect  to  property  located in the state of New York, the port of New
York authority and the waterfront commission of New York  harbor,  shall
have power:
a.  To  acquire,  construct,  install and maintain shelters, including
fallout shelters, and other civil defense  facilities  and  to  acquire,
store  and  maintain  materials, such shelters, facilities and materials
being for the  protection,  safety  and  health  of  students,  faculty,
administrative  staff,  employees  and  the  public  at large during and
subsequent to attack, provided
i.  such  acquisition,  construction,  installation,  maintenance  and
storage  is not inconsistent with the plan, regulations or orders of the
commission or with the applicable local  plan  promulgated  pursuant  to
subdivision one of section twenty-three of this act; and
ii.  such  acquisition,  construction,  installation,  maintenance and
storage is effected by contract, let in the manner provided by  law,  by
employees of such political subdivision, board, authority or commission,
by  agreement for the effectuation thereof by the owner of the building,
structure or real property to be used in connection therewith or in  any
manner authorized by other provisions of law.
b. To utilize any publicly owned building, structure, real property or
personal  property  in  connection  with such acquisition, construction,
installation,  maintenance  and  storage  with  the  approval   of   the
appropriate  officer  or  agency having control thereof, subject to such
terms and conditions as may be agreed to by such officer or agency.
c. To acquire  in  connection  with  such  acquisition,  construction,
installation,  maintenance and storage any real or personal property, or
any interest therein, or the right to  use  the  same  for  a  temporary
period  by  purchase, lease or other agreement with the owner thereof or
by authorization to use without consideration. Nothing contained in this
section shall limit the power  of  such  political  subdivision,  board,
authority or commission to condemn or otherwise acquire real or personal
property for such purposes under other provisions of law.
§ 23-b. State civil defense aid for counties and cities. 1. Subject to
the  conditions  prescribed  in  this  section,  counties,  except those
contained in the city of New York,  and  cities  shall  be  eligible  to
receive  state  civil  defense aid for expenditures made pursuant to the
provisions of section twenty-three-a of this act  for  the  acquisition,
construction and installation of protected emergency operating centers.
2.  To the extent that the federal government shall provide aid for at
least one-half of such expenditures,  state  civil  defense  aid  in  an
amount equal to one-half of the difference between such expenditures and
such  federal  aid  shall  be paid to such counties and cities, provided
that such expenditures shall have been made with the prior  approval  of
the  state comptroller and the commission and in accordance with section
twenty-three-a of this act.
3. Claims for such state aid shall be certified by the local  director
and submitted to the state director on such dates, with such information
and  in such form as he may prescribe. Such state aid shall be paid upon
such claims as are approved by the state director and after audit by and
on warrant of the state comptroller.
4. Where the  county  or  city  has  issued  obligations  pursuant  to
paragraph  (a) of subdivision two of section twenty-nine of this act for
the acquisition, construction and installation  of  protected  emergency

operating  centers,  state  civil  defense aid received pursuant to this
section shall be applied to the payment of the interest on and principal
of any such obligations as may be outstanding.
5.  Subject  to the provisions of paragraph u. of subdivision three of
section twenty-one and section one hundred  fifteen  of  this  act,  the
department  of  taxation and finance shall have power to receive any and
all moneys made available by the federal government for such aid or  for
other  civil  defense or defense effort purposes. The moneys so received
shall be deposited by the  department  of  taxation  and  finance  in  a
special  fund  or  funds  and  shall  be  paid  out or used by the state
exclusively for the purposes and subject to  the  terms  and  conditions
specified  by the appropriate federal officer or agency. Moneys shall be
paid out from such fund or funds in the same manner as is applicable  to
the payment out of state moneys.
6.  In  addition to any moneys appropriated or made available therefor
and in the event of the necessity therefor in order to defend the people
of the state, the state comptroller shall have power to issue  notes  to
pay  the  costs incurred by the state for the acquisition, construction,
installation,  storage  and  maintenance  of  facilities  and  materials
essential for shelter use and the safety and health of the people in the
event  of  attack  and  for  the  payment  of state civil defense aid to
counties and cities pursuant to  this  section.  Each  such  note  shall
mature  within  a  period  of  not  to exceed two years from the date of
original issue thereof, but may contain provision  for  payment  thereof
within  such  two  year period. Unless the legislature shall provide for
the issuance of bonds to redeem such notes, such notes shall be paid not
later than their respective maturity dates. The comptroller shall report
to the legislature at the opening of its next regular  or  extraordinary
session all action taken by him pursuant to this subdivision.
§  23-c. Purchase of civil defense resources, materials and facilities
through  the  federal  government.    Notwithstanding  any  inconsistent
provision  of  law,  with the approval of the director of the budget and
the commission, the state commissioner of general services, on behalf of
the commission or of a political subdivision, may contract  to  purchase
resources,  materials  and  facilities  for  civil  defense  through any
federal agency authorized to so purchase on their behalf; provided, that
no purchase may be made on behalf of a political  subdivision,  pursuant
to the authority here granted, unless such political subdivision accepts
sole responsibility for any liability arising pursuant to such contract,
and  for  the  payment  of  all  moneys  due or which may become payable
pursuant thereto. For  the  purpose  of  this  section,  each  political
subdivision   is  hereby  empowered,  notwithstanding  any  inconsistent
provision of law, to purchase resources, materials  and  facilities  for
civil defense pursuant to this section.
§  23-d.  Taking  necessary  steps  for  continuing  the  operation of
essential railroads. If cessation of  operation  of  a  railroad,  whose
continued  operation  is essential in order that it will be available as
an operating transportation facility for materials and otherwise, in the
interest of the public safety and security and the health of the  people
in  the  event  of  attack,  has occurred or is impending, such railroad
being in receivership by order of a  court  having  jurisdiction  of  an
action  or  proceeding  in  which receivers have been appointed for such
railroad, the state civil defense  commission  may  take  all  necessary
steps for the continued operation of such railroad, and for such purpose
the commission shall employ the moneys appropriated to it by this act.
§  24.  Special  provisions  relating  to  cities  of over one hundred
thousand. In addition to the requirements  of  sections  twenty-two  and

twenty-three  every  city  having  a population of over hundred thousand
shall:
1.  Recruit,  train  and  equip shelter captains in a ratio based upon
maximum shelter occupancies available in the city to be approved by  the
commission as consistent with reasonable requirements for the safety and
welfare of shelter occupants.
2. Organize and train an emergency mortuary service capable of dealing
effectively with conditions probable in the event of attack.
3.  Designate,  prepare  and  integrate  emergency medical facilities,
including supply depots,  emergency  hospitals,  clearing  stations  and
mobile  medical  units  and recruit and train the medical staff required
for each such facility.
4. Install, maintain and operate a public warning  system  capable  of
disseminating  quickly  throughout such city warnings established by the
commission.
§ 25. Powers in event of attack. 1. Notwithstanding any other law,  in
the  event  of  attack within the state or a state with which this state
has a mutual aid compact for civil defense, to the extent  it  deems  it
necessary  or  proper, the commission may: (a) assume direct operational
control of any or all civil defense forces; (b) order,  direct,  require
and use the personnel, materials, facilities and services of any agency,
public  officer,  or  political  subdivision  of  the state, or any part
thereof, at any place within the state  where  in  the  opinion  of  the
commission  they  are needed to effect the purposes of this article; (c)
with the approval of the governor, order, direct, require and  use  such
personnel,  materials,  facilities  and  services  without  the state to
implement any mutual aid arrangement, agreement or  compact;  (d)  take,
use  or  destroy  any and all real or personal property, or any interest
therein, necessary or proper for the  purposes  of  civil  defense;  (e)
execute  any or all of the civil defense powers and duties of any county
or city after notifying the chief executive officer of  such  county  or
city if such notification is possible.
2.  Notwithstanding  any  other law, subject to the plans, regulations
and orders of the council and commission: (a) in  the  event  of  or  in
anticipation  of  attack  within  such county or city or so near thereto
that it jeopardizes the safety or health of the people thereof or within
a county or city with which it has agreements or arrangements for mutual
aid, a county or city may provide for and compel the evacuation  of  any
person  if  such  person has no home or if the continued use of his home
jeopardizes his own safety or that of others; (b) in the event  of  such
attack  such  county  or city shall control all pedestrian and vehicular
traffic,  transportation  and  communication   facilities   and   public
utilities;  provide  medical treatment, food, clothing, shelter and care
for the injured and needy; provide for public safety and the  protection
and  conservation  of  property;  provide  for  the  identification  and
disposition of the dead; and provide for the  restoration  of  essential
services  and  facilities;  (c)  in  the event of such attack and to the
extent necessary to perform such functions, and  as  authorized  by  the
council  or  commission,  it  may  take, use or destroy real or personal
property and impress persons into service for the  performance  of  such
work.
3.  The  taking  of private property pursuant to this section by or at
the express order of the commission, whether for temporary or  permanent
use  or  for  destruction,  shall be in the name of and payment shall be
made by the state. An appropriate record, in the form prescribed by  the
commission,  shall  be  kept  and  a  copy  thereof  furnished, whenever
possible, to the owner from whom the property is taken. Each such  owner
shall  be  entitled  to  just compensation for the taking and may file a

claim, to be designated as an "emergency claim," pursuant to  the  court
of  claims  act,  against the state for such compensation. To the extent
necessary to expedite the hearing, determination  and  payment  of  such
claims, the governor shall appoint, as emergency claims referees, one or
more  qualified attorneys admitted to practice before the courts of this
state. Such referees shall be paid out of funds  appropriated  for  such
purpose  at  a rate to be fixed by the governor within the amount of the
appropriation or allocation therefor.
When an emergency claim has been filed with the court of  claims,  the
presiding  judge  forthwith may refer it to an emergency claims referee.
The referee  forthwith  and  on  notice  to  the  claimant  and  to  the
attorney-general  shall  set  a  date  and  place  for  the  hearing and
determination of the claim. The referee shall have all  the  powers  now
vested in the court of claims, or in a judge thereof, in the hearing and
determination  of  the  claim. His determination shall be in writing and
shall be made within thirty days  after  the  hearing  shall  have  been
closed.  It  shall  be filed forthwith in the office of the clerk of the
court of claims and shall be  entered  in  the  official  records  as  a
judgment  or  order  of that court. Any claimant or the state shall have
the right to appeal, as now provided by law, from such determination and
judgment. The provisions of the court of claims  act,  with  respect  to
real  property taken by appropriation, shall apply to the taking of real
property pursuant to this section so far as practicable.
The procedure herein provided shall not be  deemed  exclusive  and  no
claim  shall  be  required  to  be  filed,  heard  and  determined as an
"emergency claim"  if  the  claimant  elects  to  proceed  as  otherwise
provided by the court of claims act.
Such court or referee may defer action on any emergency claim pursuant
to  this  section  pending  consideration  by  the federal civil defense
administrator or any agency of the federal government of a  claim  based
on  the  same taking. The award by such court or referee shall take into
consideration any moneys that may  be  made  available  by  the  federal
government with respect to such taking.
4. Except as provided in subdivision three of this section, the taking
of  private  property by a county or city pursuant to this section shall
be in the name of such county or city. An  appropriate  record,  in  the
form  prescribed  by  the  commission,  shall be kept and a copy thereof
furnished, whenever possible, to the owner from  whom  the  property  is
taken.  Such  county  or  city shall make just compensation to the owner
thereof  in  the  manner  provided  by  law  for  the  determination  of
compensation  to  be paid for the taking of real property by such county
or city.
§ 25-a. Defense emergency aid. 1. As used in this section:
(a) "Defense emergency aid" shall mean food, shelter,  clothing,  care
or treatment furnished pursuant to the provisions of this section.
(b)   "Local   social   services   official"  shall  mean  the  county
commissioner of social services, a city commissioner of social services,
a town social services or service officer or  city  social  services  or
service  officer  who in a particular case would be authorized to make a
grant of home relief.
2. In the event of attack and pursuant to  rules  promulgated  by  the
commission,  each local social services official shall, out of any funds
available therefor, including funds  made  available  for  home  relief,
furnish  defense  emergency  aid  to  persons  residing  or found in his
territory and in need thereof because of such attack. Such  aid  may  be
furnished wholly or partially by cash, order or in kind.
3.  Local  social  services officials in performing their duties under
this section, shall cooperate with each other and seek  the  cooperation

of  all  local  and volunteer agencies and coordinate their efforts with
the activities of other agencies, public and private, concerned with the
health and welfare of persons under their jurisdiction,  in  order  that
there  may  be  no  duplication of effort and that the work of agencies,
both public and private, may be united  in  an  effort  to  relieve  the
distress caused by an attack.
4.  A  county, town or city may finance the local share of the cost of
furnishing defense emergency aid by the issuance of obligations pursuant
to the local finance law, from the proceeds of  taxes  raised  for  such
purpose  or  from  any  funds  available thereof. The period of probable
usefulness of such object or purpose for which any such expenditure  may
be  made is determind to be ten years. The limitations of paragraph d of
section 25.00 of the local finance law, with respect to  the  amount  of
revenue anticipation notes which may be issued in anticipation of moneys
to  be  received  from  the  state  or  the  United States government in
connection with such aid, shall not be  applicable;  provided,  however,
that  such notes shall not be issued in anticipation of such revenues in
an amount greater than the amount reasonably estimated to be received by
the county, town or city from such sources.
5. Subject  to  the  provisions  of  this  section,  the  state  shall
reimburse  counties,  towns  and  cities  for  expenditures  for defense
emergency  aid,  made  out   of   any   funds   appropriated   by   such
municipalities,  provided  such expenditures shall have been approved by
the state department of social services, to the  extent  of  eighty  per
centum  of  the amount expended for persons who resided or were found in
such county, town or city on the date of the attack and to the extent of
one hundred per centum of the amount expended for persons  who  came  or
were  brought  into such county, town or city after such date; provided,
however, that the  state  commissioner  of  social  services,  with  the
approval   of   the   council,   may   make  such  grant  or  additional
reimbursement, out of funds available therefor, as he may deem equitable
in exceptional circumstances.
6. The comptroller, upon audit and warrant, shall pay from  the  state
treasury,  out  of  funds  made available for home relief or for defense
emergency aid, such grants and reimbursements on claims certified by the
state department of social services.  Payments  shall  be  made  by  the
comptroller to the fiscal officer of the county or city and, in the case
of  towns such payments shall be to the fiscal officer of the county for
the account  of  and  reimbursement  to  the  towns  therein.  No  state
reimbursement  shall  be  payable  under this section for administrative
costs nor for expenditures for which agencies of local government  other
than the local social services officials are normally responsible or may
become  responsible  under  an  emergency; nor for defense emergency aid
payments made from or in anticipation of the receipt of federal funds.
§ 26. Conscription for civil defense forces.  1.  When  authorized  by
regulation  of  the council, a county or a city may conscript persons to
perform the duties specified in sections twenty-three and twenty-four of
this chapter. Selection of  such  personnel  shall  be  on  a  fair  and
impartial basis and in accordance with the regulations of the council.
2.  A  regulation  of  the  council  authorizing  such action shall be
effective only under the following circumstances:
a. If after the effective date of this act the United States  declares
war, or
b.  If  an  attack  occurs  upon any part of the United States, or its
bases, territories or possessions, or
c. If the personnel necessary  to  make  effective  a  plan  of  civil
defense  of  any  county  or  city  is  not  supplied  by  volunteers in
accordance with the following schedule: within three  months  after  the

approval  of  such  plan,  twenty-five per cent; within six months after
such approval, fifty per cent; within twelve months after such approval,
seventy-five per cent.
3.  Such  regulation  by  the  council  shall provide for selection of
personnel on a fair and impartial basis by  age,  training,  occupation,
ability  or  such  other classification as the council finds appropriate
and shall specify any exceptions to such classifications  in  connection
with   physical   condition,   family   needs,  callings,  vocations  or
professions which must be followed or performed during or after  attack,
unusual occupational demands, or similar matters.
4. Whenever practicable the appropriate selective service officers and
other  state  and federal agencies having powers and duties with respect
to manpower shall be informed of action taken pursuant to  this  section
and such action shall be coordinated with the action of those agencies.
5.  If  the  legislature is in regular session the council through the
governor shall within five days transmit  to  the  legislature  for  its
consideration  a report of any action taken pursuant to this section. If
the legislature is not in session and consideration of such  report  has
not been included in the governor's call for an extraordinary session of
the  legislature,  the  governor  shall  transmit  such  report  to  the
legislature at the opening of its next regular session.
6. Regular or duly ordained  ministers  of  religion  and  members  of
recognized  religious orders shall be exempt from the application of the
powers granted by this section.
§ 27. Consolidation of local offices. 1. With the  approval  of  their
governing  bodies  and of the commission, the chief executive officer of
any county not within a  city,  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 or officers  of
any  city or cities within the county may agree to create a consolidated
county office of civil defense for the purpose of performing any or  all
civil defense functions for both the county and such city or cities. The
jurisdiction of a consolidated county office shall include the territory
of  the county outside the cities therein, and the territory of any such
city or cities which join in the consolidation to the  extent  necessary
for  the  performance  of  its functions in such city or cities. Such an
office shall be in charge of a county director, who  may  be  the  chief
executive  officer  of  the  county  or  one  of  the cities, who may be
appointed and at pleasure removed by the chief executive officer of  the
county.   The   county   may   pay   a  salary  to  such  director  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
legislative  body  as defined in subdivision seven of section two of the
municipal home rule law, other than the  chief  executive  officer,  for
service as the director of its consolidated county office. Such a county
director  may  appoint  and  remove,  with  the  approval  of  the chief
executive officer of each city affected, a  deputy  county  director  of
such  city. The salary of such deputy may be paid by the county. Where a
consolidated county office is established, unless  the  county  and  the
city  or  cities  joining  in  such  consolidation  otherwise agree, the
expenses of such office shall be paid and the deputies,  assistants  and
employees  appointed  and  removed,  their  duties  prescribed and their
salaries fixed and paid in the manner prescribed for a county office  in
sections twenty-two and twenty-nine of this act.
2.  With  the  approval  of  the governing bodies, the chief executive
officers of two or more adjacent cities within a  county  may  agree  to
create  a consolidated city office of civil defense, the jurisdiction of

which office shall include the territory of such cities. Such an  office
shall  be in charge of a city director who shall be appointed jointly by
such officers and hold office at their pleasure. Such city director  may
be  paid  such  compensation  as  may  be  fixed  by the chief executive
officers of such cities within the amount  of  the  appropriations  made
therefor.
3.  In  the event of the creation of a consolidated office by order of
the commission pursuant to section twenty-one of  this  act,  the  chief
executive  officers  of  the  county  and  of  all  cities in the county
affected by the order shall appoint and remove,  at  their  pleasure,  a
county director. Such county director may be the chief executive officer
of the county or one of the cities affected by the order. The provisions
of  subdivision  one shall be applicable to a consolidated county office
so created.
4. With the approval of their respective governing bodies and  of  the
commission,  the  chief  executive  officer  of  a  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 or officers of a city or cities, or the chief executive officers
of  two  or more cities may agree to dissolve a consolidated county or a
consolidated city office of civil defense as the case may  be  or,  upon
one  hundred  eighty  days  notice  to the other participants and to the
commission, such an officer, with the approval of the governing body  of
his  county or city, may unilaterally withdraw from such an office. Upon
the  effective  date  of  such  dissolution  of  or  withdrawal  from  a
consolidated  office  of  civil  defense, the chief executive officer of
each affected county or city shall forthwith re-establish an  office  of
civil defense for such county or city, which office shall be headed by a
local  director  as  required  by  this  act and which office shall have
jurisdiction, powers and duties  as  provided  in  this  act  and  other
applicable provisions of law.
§  28.  Mutual  aid. Subject to the approval of the commission, two or
more political subdivisions of the  state  may  enter  into  mutual  aid
agreements  for  reciprocal aid and assistance to effectuate any purpose
of this article. State agencies, with the approval of  the  director  of
the budget, may participate in such agreements.
§ 29. Local financial provisions. 1. All civil defense expenditures of
a  city,  including  but  not  limited  to  the  cost of maintenance and
operation of its city office, if any, shall be a city charge. All  civil
defense  expenditures of a county, including but not limited to the cost
of maintenance and operation of a county  office,  shall  be  a  general
county  charge,  provided however that where a city, town or village has
provided facilities pursuant to section twenty-three-a of this act,  the
charge for the expenditures thereafter made by such county for providing
facilities  pursuant  to  section  twenty-three-a  of  this act shall be
equitably allocated by the legislative body of the county as defined  in
subdivision  seven  of  section  two of the municipal home rule law. All
civil defense expenditures of a town shall be  a  general  town  charge,
provided  however  that where a deputy director for a village not wholly
within one town is appointed pursuant  to  subdivision  two  of  section
twenty-two  of  this act, the expenditures made by such town pursuant to
such subdivision shall  be  a  charge  against  the  area  of  the  town
exclusive  of  such  village.  Where  a  village has provided facilities
pursuant to section twenty-three-a of  this  act,  the  charge  for  the
expenditures  thereafter  made  by  such  town  for providing facilities
pursuant to section  twenty-three-a  of  this  act  shall  be  equitably

allocated by the town board. All civil defense expenditures of a village
shall be a village charge.
2. Each political subdivision of the state shall have the power:
(a)  To  appropriate and spend money in the manner provided by law for
the acquisition, construction  and  installation  of  shelters,  fallout
shelters  and  other  civil  defense  facilities  and the acquisition of
materials  pursuant  to  section  twenty-three-a  of   this   act.   Any
expenditure   by  a  political  subdivision  having  power  to  contract
indebtedness pursuant to  the  local  finance  law  for  such  shelters,
fallout shelters, civil defense facilities and materials may be financed
by  the  issuance of obligations pursuant to such law, from the proceeds
of taxes raised for such purpose or from  any  available  funds  of  the
political  subdivision.  The  period  of probable usefulness of any such
shelter or fallout shelter is determined to be  twenty  years  unless  a
longer  period  is prescribed by the local finance law and the period of
probable usefulness of any other civil defense facilities and  materials
is  determined  to  be ten years unless a longer period is prescribed by
the local finance law. The provisions of section  107.00  of  the  local
finance  law  shall  not  apply  to  the financing of any such object or
purpose.
(b) To appropriate and spend money in the manner provided by  law  for
other  civil defense measures contemplated by this article or by section
thirty-four of this act, provided such expenditures are not inconsistent
with the plan, regulations or orders  of  the  commission  or  with  the
applicable  local  plan  promulgated  under this act. The limitations of
section 29.00 of the local finance law, with respect to  the  amount  of
budget  notes which may be issued in any fiscal year, shall not apply to
budget notes issued to finance such measures  and,  notwithstanding  any
provision  of  the local finance law, budget notes for such measures may
be authorized by at least a majority vote of the voting strength of  the
finance  board.  In  addition  to  the issuance of budget notes for such
measures,  a  political  subdivision  having  the  power   to   contract
indebtedness pursuant to the local finance law, with the approval of the
commission,  shall  have  power  to  issue serial bonds or capital notes
pursuant to such law in an amount not to  exceed  one  hundred  thousand
dollars  in  any fiscal year. The commission shall not give any approval
pursuant to this paragraph until after it shall have obtained the advice
of the state comptroller with respect to the financial condition of  the
political  subdivision.  If no period of probable usefulness is provided
in the local finance law for any such measures, the period  of  probable
usefulness  therefor  shall  be  three  years. The provisions of section
107.00 of the local finance law shall not apply to the financing of  any
such object or purpose.
(c) To participate in providing shelter protection against radioactive
fallout for the inhabitants of such political subdivision by cooperating
with  the commission and with schools, colleges and universities located
within such political subdivision in the  acquisition,  construction  or
installation   of   fallout   shelter  at  such  schools,  colleges  and
universities for which state civil defense aid is  payable  pursuant  to
section  thirty-five of this act and by paying in consideration for such
shelter protection for its inhabitants a portion of  the  cost  of  such
fallout  shelters,  provided  that  no  such  payment  shall  exceed the
aggregate cost of such fallout shelters less the amount of  state  civil
defense aid payable pursuant to that section.
3.  Indebtedness  contracted  or proposed to be contracted by a school
district, other than a  school  district  coterminous  with,  or  partly
within,   or   wholly   within  a  city,  to  finance  the  acquisition,
construction and installation of a shelter or fallout  shelter  by  such

school  district  pursuant  to section twenty-three-a of this act may be
excluded from the indebtedness of such school district  in  ascertaining
its  power  under  section  104.00  of the local finance law to contract
indebtedness,  but only to the extent to which such indebtedness, at the
time it was contracted or is to be  contracted,  did  not  or  will  not
exceed fifty dollars multiplied by the planned shelter occupancy of such
shelter.
4.   In   addition   to   powers   otherwise   conferred  by  law  and
notwithstanding any inconsistent provision of law:
a. Each political subdivision of the state shall  have  the  power  to
appropriate and spend money to demolish unsafe structures owned by it or
under  its  care, custody or control, to remove debris from any property
owned by it or under its care, custody or control, and  to  reconstruct,
replace  or repair capital improvements, equipment, machinery, apparatus
and  furnishings,  when  such   demolition,   removal,   reconstruction,
replacement  or  repair  is  necessitated  because  of  attack. Any such
reconstruction or replacement of a capital improvement may be made  upon
a new site or upon the same site.
b.  Any  city, town or village shall have the power to appropriate and
spend money to demolish  any  unsafe  structures,  whether  publicly  or
privately  owned,  and  may  remove  debris  from  any property, whether
publicly or privately owned, if the governing board of the  municipality
determines  such  structures  or  debris  to be a peril to the lives and
property of the citizens of the municipality, when  such  demolition  or
removal is necessitated because of attack, except that such expenditures
shall  not  be made by a town within a city located in such town or by a
town within a village located in whole or part in such town.
Any expenditure for an object or purpose described in this subdivision
by  a  political  subdivision  having  power  to  contract  indebtedness
pursuant  to  the  local  finance law may be financed by the issuance of
obligations pursuant to such law, from the proceeds of taxes raised  for
such  purpose  or from any available funds of the political subdivision.
The period of probable usefulness of the objects and purposes for  which
any  such expenditure may be made is determined to be ten years unless a
longer period is prescribed by the local finance law. The provisions  of
section 107.00 of the local finance law shall not apply to the financing
of any such object or purpose. Any provisions of law:
(1) Requiring the holding of hearings on or the publication of notices
in  relation  to  the  effectuation  of  any such purpose or work or the
financing thereof,
(2) Requiring that the effectuation of any such purpose or work or the
financing thereof be subject to a vote at any election, to  a  mandatory
or  permissive  referendum, or to the voting of a tax to be collected in
one or more installments,
(3) Requiring that the effectuation of any such purpose or work or the
financing thereof be initiated only upon petition,
(4) Permitting the issuance of obligations only after  the  completion
of  the  effectuation  of  any  such  purpose  or  work  or  the levy of
assessments therefor,
(5) Requiring the approval of any public board or body other than  the
governing  board  or the finance board, for the effectuation of any such
purpose or work or the financing thereof, the advertisement for bids  or
the  letting  of  contracts  therefor after competitive bidding, and any
other provisions of law insofar as they tend to prevent, hamper or delay
the effectuation of any such purpose or work or the  financing  thereof,
shall  be  inoperative for the purposes of this subdivision, except that
the provisions of sections 57.00, 58.00,  59.00,  60.00,  60.10,  60.20,
63.00,   81.00,   82.00,  83.00,  102.00,  104.00,  104.10,  other  than

subdivision one thereof, 109.00, 150.00, 151.00, 152.00  and  165.10  of
the  local  finance law shall continue to be applicable to the financing
thereof when obligations are issued.
Notwithstanding  the fact that the effectuation of any such purpose or
work may be required pursuant to law to be undertaken wholly  or  partly
at the expense of the real property especially benefited thereby, it may
be  undertaken  at  the  expense  of  the political subdivision at large
without  charging  any  part  of  the  cost  thereof  to  real  property
especially benefited.
§  29-a.  Continuity of political subdivisions. In conformity with the
plan, regulations or orders of  the  commission,  every  county,  except
those  contained within the city of New York, every city, every town and
every village shall have power to provide by local law, and every  other
political subdivision shall have power to provide by resolution, for its
continuity  and  that of its elective and appointive officers, including
members of its legislative or governing body, where, as a result  of  an
attack,  any  of  such  officers  is  unable to discharge the powers and
duties of his office or is absent from the political subdivision. In any
such local law or resolution, provision may be made that the removal  of
a  disability  or  the  termination  of  an  absence  from the political
subdivision of an officer higher on a list or order of succession to  an
office  shall  not terminate the service in such office of an individual
lower on such list or order of succession  who  is  temporarily  filling
such  office.  Notwithstanding the provisions of any law, a local law or
resolution adopted pursuant  to  this  section  may  be  made  effective
without  approval at a mandatory or permissive referendum but in no case
shall such local law or resolution become effective until one  certified
copy  thereof has been filed with the clerk of the political subdivision
or other  appropriate  official  designated  for  such  purpose  by  the
respective legislative or governing body, one certified copy thereof has
been  filed  in  the office of the state comptroller and three certified
copies thereof have been filed in the office of the secretary of state.
No provision of this section shall  be  construed  or  interpreted  as
affecting  the  validity  of  any ordinance enacted prior to July first,
nineteen  hundred  sixty-six,  or  actions  taken  thereunder   by   the
government of any county, city, town or village.
§  30.  Removal or suspension of public officers.  1. A local director
may be removed by the governor after such director has been given a copy
of the charges against him  and  an  opportunity  to  be  heard  in  his
defense.  Pending  the  preparation  and  disposition  of  charges,  the
governor may suspend such director for a  period  not  exceeding  thirty
days.  The  power  of  removal provided for in this subdivision shall be
deemed to be in addition to the power of removal otherwise provided  for
in  this  act  or  in  any other law and shall apply notwithstanding any
inconsistent provisions of this act or of any other law.
2. Notwithstanding any provision of law, and in addition to any  other
penalty  fixed  by  law,  willful  failure  by  a  public officer having
administrative responsibilities under this article to obey an  order  or
regulation  adopted  or  made  pursuant  to this article relating to his
administrative responsibilities shall be cause for removal from  office.
Subject  to the provisions of the state constitution, such removal shall
be by the governor upon charges  by  the  council  or  commission  after
service upon such public officer of a copy of the charges and giving him
an  opportunity  to be heard in his defense. Pending the preparation and
disposition of charges, the governor may suspend such public officer for
a period not exceeding thirty days.
3. A vacancy resulting from removal pursuant to this section shall  be
filled by the governor until it is filled as otherwise provided by law.
4.  In  the event of attack or in the event of the failure of a county
or city to carry out the provisions of this act or the plan, regulations
or  orders  adopted  pursuant  thereto,  the  governor  may  direct  the
commission  to  assume direct operational control of any or all agencies
or  public  offices  having  administrative responsibilities pursuant to
this  act  to  the  extent  necessary  for  the  performance   of   such
responsibilities  and  in  such  event,  the  officers in charge of such
agencies and offices shall only exercise such powers  and  perform  such
duties  as are required of them by the commission or the person managing
and conducting such  agencies  or  offices  pursuant  to  order  of  the
commission. In all such cases all expenses incurred by the commission to
conduct  such  agencies  or  offices,  including  the  salary  or  other
compensation of all  persons  employed,  shall  be  a  charge  upon  the
political  subdivision or subdivisions of the state otherwise liable for
the expense of such agency or office.
§ 31. Utilization of existing services and facilities. The  commission
and  each  local director shall utilize as far as possible the services,
resources, materials and facilities of existing  officers  and  agencies
and  all  such officers and agencies shall cooperate with the commission
and such directors.
§ 32. Privileges  and  immunities.  Notwithstanding  any  inconsistent
provision  of  law,  members  of  civil  defense forces in the state and
members of the civil defense forces of other states or  of  the  federal
government  or of the dominion of Canada or of a province or subdivision
thereof performing civil defense services at any  place  in  this  state
pursuant  to  any law, any rule, regulation or order duly promulgated or
issued pursuant to this act, any federal law, or any agreement, compact,
or arrangement for mutual aid and assistance, to which the  state  or  a
political subdivision thereof is a party, shall possess the same powers,
duties,  immunities  and  privileges  they  would  ordinarily possess if
performing their duties in the jurisdiction in which  normally  employed
or rendering services.
§  33.  Administration  of civil defense oaths.  1. The commission and
each local director shall have power by regulation or order to designate
or provide for the designation of members of civil defense forces  under
their  respective jurisdictions to administer the written oath which the
federal civil defense act of nineteen hundred fifty requires persons  in
state  or  local organizations for civil defense to take before entering
upon their duties therein.
2. Each such designation of a person serving under the jurisdiction of
the commission shall be filed in the  department  of  state.  Each  such
designation  of  a  person  serving  under  the jurisdiction of a county
director shall be filed in the office of the clerk  of  the  county  and
each  such  designation  of a person serving under the jurisdiction of a
city director shall be filed in the office of the city clerk.
3. Designations so made may be revoked in the  same  manner  in  which
they  may be made pursuant hereto, provided that notice thereof is given
to each person whose designation is so revoked.
4. In addition to the requirements of any other law,  the  certificate
of  a  person administering an oath pursuant to such a designation shall
specify  (a)  county  clerk's  or  city  clerk's  office  in  which  his
designation  was  filed  and  (b)  that  such  designation  has not been
revoked.
ARTICLE 3-A
SHELTER PROTECTION
 
Section 34. Responsibilities  of  commission  and  local  directors  for
shelter protection.
35. State  civil  defense aid for fallout protection at schools,
colleges and universities.
36. Implied warranty in contracts for shelters.
37. Consumer protection against substandard shelters.
38. Compliance  with  local building regulations and restrictive
covenants.
§ 34. Responsibilities of commission and local directors  for  shelter
protection. 1. The commission shall:
a.  Include  in  the  comprehensive  plan for the civil defense of the
state provision for the protection of every inhabitant  thereof  against
fallout  radiation  resulting from attack and against such other dangers
resulting from attack as the commission may deem necessary.
b. Provide, through local offices or  otherwise,  an  information  and
counseling  service  available  to  the  public  generally  and to those
concerned with providing shelter protection for  others,  including  all
political  subdivisions,  schools, colleges and universities, employers,
landlords,  architects,  engineers,  contractors,  hospitals,  voluntary
institutions  and  places of public assembly. The service to be provided
shall include, among other things, detailed  information  and  technical
advice relating to
i. the achievement of fallout protection which will meet the standards
for fallout shelters set forth in the plan, regulations or orders of the
commission relating thereto;
ii.  the  financial  assistance  available  for  the  construction  of
shelters from governmental  sources  or  private  lending  institutions,
including insured mortgage loans, and the usual terms thereof;
iii.  the  financial  assistance,  if any, available from governmental
sources or private lending institutions for equipping  and  provisioning
shelters, and the usual terms thereof;
iv.  the  exemption  from  local  real  property  taxation, special ad
valorem levies and special assessments provided in section four  hundred
seventy-nine  of  the  real  property  tax law for the increase in value
attributable to the construction or installation of a fallout shelter;
v. the maximum and minimum shelter occupancies which will qualify  for
state civil defense aid and any comparable federal aid; and
vi.  the materials recommended by federal civil defense authorities or
by the commission for  inclusion  in  shelters,  which  information  and
advice  may  include  the  names  of  specific  trade products and their
manufacturers so long as the commission makes clear that other  products
of comparable quality and meeting the same standards are included within
the general recommendations although not specified by name.
c.  Have  power to test, approve and recommend materials for inclusion
in shelters.
d. Upon the request of a political subdivision,  board,  authority  or
commission  which  desires  to  acquire,  construct or install a shelter
pursuant to section twenty-three-a of this act,  review  the  plans  and
specifications  of  such shelter and certify whether it will comply with
the plan, regulations or orders of the commission.
e.  Publicize  the  availability  of  the  detailed  information   and
technical advice described in this section.
f. Specifically urge county and city governments which do not yet have
protected  emergency  operating  centers  constructed  or  under  way to
initiate the construction of  such  centers  promptly  pursuant  to  the
provisions of federal law and section twenty-three-b of this act.
g.  Report  to  the governor and the legislature annually on or before
February first as to:
i. The action taken by it and by others to  meet  the  objectives  set
forth  in  this  act  of  assuring the availability of effective shelter

protection for every inhabitant of the state and the rehabilitation  and
recovery of the state and its inhabitants after attack.
ii.  Its recomendations, if any, for changes in the provisions of this
act relating to shelter protection and to  rehabilitation  and  recovery
after  attack,  including  changes  considered  by it to be necessary or
desirable  to  stimulate  and   encourage   the   further   acquisition,
construction  or  installation  of  shelters and protected stockpiles of
materials in accordance with its plan, regulations or orders.
2. Local directors, in accordance with the regulations and  orders  of
the commission, shall:
a.  Participate  in the information and counseling service referred to
in paragraph b. of subdivision one of this section  and  in  publicizing
the availability of such service.
b.  Assist  the  state  director in any investigation conducted by him
pursuant to section thirty-seven of this act.
c. Have power to  inspect  from  time  to  time  at  reasonable  hours
completed  shelters  within the area under the jurisdiction of the local
office.
d. Report  to  the  state  director  the  results  of  inspections  of
completed  shelters  in  such  form and detail as the state director may
from time to time require.
§ 35. State civil defense  aid  for  fallout  protection  at  schools,
colleges  and universities. 1. Subject to the limitations and conditions
prescribed in this section, the trustees or board of education of  every
school  district,  the board of higher education in the city of New York
and the governing body, by whatever name known, of all other  elementary
schools, secondary schools, colleges and universities in the state shall
be  eligible  to  receive  state  civil  defense aid, within the amounts
appropriated to the commission for this purpose,  in  consideration  for
the  provision  by  such  schools,  colleges and universities of shelter
protection against radioactive fallout for inhabitants of the state.
2. The amount of state civil defense  aid  payable  pursuant  to  this
section  with  respect  to  a  fallout  shelter acquired, constructed or
installed at any school, college or university after the effective  date
of  this  section shall be twenty-five dollars multiplied by the maximum
reimbursable shelter occupancy, but in no event shall such amount exceed
fifty per cent of the cost of such shelter.
3. For purposes of this section,  the  "maximum  reimbursable  shelter
occupancy" shall mean
a. In the case of a fallout shelter acquired, constructed or installed
at existing schools, colleges and universities:
i.   the   largest   number   of   students   enrolled  plus  faculty,
administrative staff and other personnel employed at the school, college
or university who are reasonably estimated to have been present  at  any
one time during any day within one year prior to the date of application
for  the payment of state civil defense aid under this section minus the
planned shelter occupancy of all other fallout shelters at  the  school,
college  or  university, for which occupancy state civil defense aid has
been approved by the state director pursuant to this section, or
ii. the planned shelter occupancy of the fallout shelter with  respect
to  which the application for state civil defense aid under this section
is made,
whichever is less.
b. In the case of a fallout shelter acquired, constructed or installed
at a new school:
i. the largest number of students plus faculty,  administrative  staff
and  other  personnel which the school is designed to accommodate at any
one time minus the  planned  shelter  occupancy  of  all  other  fallout

shelters  at the school, for which occupancy state civil defense aid has
been approved by the state director pursuant to this section, or
ii.  the planned shelter occupancy of the fallout shelter with respect
to which the application for state civil defense aid under this  section
is made,
whichever is less.
4.  No  payment  of  any  state  civil  defense aid shall be made with
respect to any fallout shelter pursuant to this section unless:
a. The plans and specifications for the shelter, and any modifications
thereof, are certified by the commission to be in  compliance  with  the
provisions  of  this  act  and  the  plan,  regulations or orders of the
commission  promulgated  thereunder;   provided,   however,   that   the
commission  may  designate  the  state  commissioner of education or the
commissioner of public works of the city of New York as  its  agent  for
the  purpose  of  certifying  such  compliance  with respect to shelters
acquired, constructed or installed by school districts, public  colleges
or  public universities which are required under other provisions of law
to submit plans and specifications for school buildings to  the  officer
designated.
b.  The  shelter  is  completed  in  accordance  with  the  plans  and
specifications,  and  any  modifications  thereof,  certified   by   the
commission or its designated agent pursuant to the immediately preceding
paragraph a.
c.  The  trustees,  board  or governing body of the school, college or
university at which the fallout shelter  is  located  shall  by  written
agreement  grant  to  the commission, and to such local directors as the
commission may designate, exclusive control of the use of  such  shelter
at  any  time  for  civil  defense purposes, the right to schedule civil
defense drills involving the use of  such  shelter  at  any  time  after
consultation  with  the  appropriate school authorities and to supervise
such drills, and the right to inspect the shelter from time to time  for
compliance  with the storage, preparedness and other standards set forth
in the plan, regulations or orders of the commission. The grant shall be
in such form and detail as the commission may  by  regulation  prescribe
and  shall specify that any use of the shelter for purposes unrelated to
civil defense shall not interfere with the use or readiness thereof  for
civil  defense  purposes and shall conform with the plan, regulations or
orders of the commission relating thereto.
5. At any  time  within  five  years  of  the  date  of  the  original
application  for state civil defense aid for a specified fallout shelter
pursuant  to  this  section,  an  application  may  be   submitted   for
recomputation  of  the  amount  of  state civil defense aid payable with
respect thereto and in  such  case  the  date  of  application  for  the
recomputation  shall  be  used  in  determining the maximum reimbursable
shelter occupancy of such shelter.  If the amount of state civil defense
aid payable upon recomputation exceeds the amount paid upon the original
application, the difference shall be payable as state civil defense  aid
pursuant to this section.
6.  Applications  for  payments of state civil defense aid pursuant to
this section shall be certified by the local director and  submitted  to
the state director on such dates, with such information and in such form
as  he  may prescribe; provided, however, that nothing contained in this
section shall be deemed to prevent two or  more  schools,  colleges  and
universities from submitting a joint application for state civil defense
aid with respect to any fallout shelter jointly acquired, constructed or
installed.  State  civil  defense  aid pursuant to this section shall be
paid upon applications approved by the state director after audit by and
on warrant of the state comptroller.
7.  Where  a  school  district  has  issued  obligations  pursuant  to
paragraph a of subdivision two of section twenty-nine of this act, state
civil  defense aid received pursuant to this section shall be applied to
the payment of the interest on and principal of any such obligations  as
may be outstanding.
8.  In  addition to any moneys appropriated or made available therefor
and in the event of the necessity therefor in order to defend the people
of the state, the state comptroller shall have power to issue  notes  to
pay  the  costs  incurred by the state in the acquisition, construction,
installation,  storage  and  maintenance  of  facilities  and  materials
essential for shelter use and the safety and health of the people in the
event  of attack and for the payment of state civil defense aid pursuant
to this section. Each such note shall mature within a period of  not  to
exceed  two  years  from  the  date  of  original issue thereof, but may
contain provision for payment  thereof  within  such  two  year  period.
Unless the legislature shall provide for the issuance of bonds to redeem
such  notes,  such  notes  shall be paid not later than their respective
maturity dates. The comptroller shall report to the legislature  at  the
opening of its next regular or extraordinary session all action taken by
him pursuant to this subdivision.
§ 36. Implied warranty in contracts for shelters. 1. In any sale of or
in any contract
(a) to sell,
(b) to construct, or
(c)  to alter or improve any area or portion of a building, structure,
or other real property in order to provide
any  facility  represented,  expressly  or  impliedly,  to  reduce   the
intensity  of  fallout  radiation,  there  is  an  implied  warranty  or
condition that such facility complies  with  the  plan,  regulations  or
orders  of  the  commission  which are in effect pertaining to shelters,
unless there is prompt  and  full  disclosure  in  accordance  with  the
regulations  of  the  commission of the fact that such facility does not
comply in this respect with such plan,  regulations  or  orders  of  the
commission.
2.  For  purposes  of this section, the plan, regulations or orders of
the commission pertaining to shelters and to  the  form  and  manner  by
which  disclosure  is  to  be  made  shall take effect thirty days after
filing by the commission in the office of the department of state.
§ 37. Consumer protection against substandard shelters. 1. It shall be
unlawful for any person, firm, association or corporation,  or  for  any
agent,  officer,  employee  or member thereof to fail to make prompt and
full disclosure of the fact that a facility does  not  comply  with  the
plan,  regulations  or  orders  of  the  commission  which are in effect
pertaining to shelters:
(a) in selling or in offering for sale,
(b) in constructing or in offering to construct, or
(c) in altering or improving or in offering to alter  or  improve  any
area or portion of a building, structure or other real property in order
to provide
any  facility  which  is  represented, either expressly or impliedly, to
reduce the intensity of fallout radiation and which fails to  comply  in
this  respect  with  such plan, regulations or orders of the commission.
Such disclosure shall be made in such form and manner as the  commission
may by regulation prescribe.
2.  For  purposes  of this section, the plan, regulations or orders of
the commission pertaining to shelters and to  the  form  and  manner  by
which  disclosure  is  to  be  made  shall take effect thirty days after
filing by the commission in the office of the department of state.
3. Any  person,  firm,  association  or  corporation,  or  any  agent,
officer,  employee  or  member  thereof,  who violates the provisions of
subdivision one of this section shall be guilty of a misdemeanor and  on
conviction thereof shall, if a natural person, be punished by a fine not
exceeding  five  hundred dollars, or by imprisonment for not longer than
six months; and if a firm, association or a corporation by a fine of not
exceeding five thousand dollars.
4. In the alternative, any person, firm, association  or  corporation,
or  any  agent, officer, employee or member thereof, who violates any of
the provisions of subdivision one of this section shall be subject, if a
natural person, to a civil penalty not exceeding five  hundred  dollars,
and,  if  a  firm,  association  or  corporation  to a civil penalty not
exceeding five thousand dollars.
5. Whenever the state director shall know or have a  reasonable  basis
to  believe  that  there  has  been  a  violation  of  the provisions of
subdivision one of this section, he shall report  all  facts  supporting
such knowledge or belief to the attorney general unless he determines to
proceed administratively pursuant to subdivision eight of this section.
The  attorney  general  may prosecute any person, firm, association or
corporation, or any agent, officer, employee or member thereof,  charged
with violating the provisions of subdivision one of this section. In all
such  criminal  proceedings the attorney general may appear in person or
by his deputy before any court of record or any grand jury and  exercise
all  the  powers and perform all the duties in respect thereof which the
district attorney would otherwise be authorized or required to  exercise
or  perform;  or  the  attorney  general  may in his discretion transmit
evidence, proof and information as  to  such  offense  to  the  district
attorney of the county in which the accused resides or has its principal
office  or  to  the district attorney of the county in which the alleged
violation has  occurred,  and  every  district  attorney  to  whom  such
evidence,  proof  and  information  is  so  transmitted  shall forthwith
proceed to prosecute the person, firm, association  or  corporation,  or
any  agent,  officer,  employee  or  member  thereof  charged  with such
violation. In any proceeding wherein the attorney general  has  appeared
in  person  or by deputy, the district attorney shall exercise only such
powers and perform only such duties  as  are  required  of  him  by  the
attorney general or his deputy.
Alternatively,  the attorney general may cause an action or proceeding
to be brought in the name and in behalf  of  the  people  of  the  state
against  any  person,  firm,  association  or corporation, or any agent,
officer, employee or member  thereof  for  the  recovery  of  the  civil
penalty referred to in subdivision four of this section. Such action may
be  brought  in  the  county  where  the  defendant  resides  or has its
principal office or in  the  county  where  the  alleged  violation  has
occurred.
Every  action  or  proceeding,  criminal or civil, brought pursuant to
this section must be commenced within three years after  the  commission
of the acts upon which the action or proceeding is based.
6. All moneys recovered as penalties or fines pursuant to this section
shall be the property of the state.
7.  A  violation  of  the  provisions  of  this  section  shall not be
considered an infraction for purposes of this act.
8. (a) The state director may, on his own motion, investigate or  make
inquiry  as  to  any  suspected failure to comply with the provisions of
subdivision one of this section.
(b)  Whenever  it  shall  appear  to   the   state   director,   after
investigation,  that  there  has  been  a violation of the provisions of

subdivision one of this section, he  may  give  written  notice  to  the
alleged violator or violators
(i)  setting  forth the circumstances upon which the alleged violation
is based, and
(ii) requiring each respondent to appear  in  person  or  by  attorney
before  the state director or his duly designated representative, at the
time and place specified and answer the charges set forth.
At least twenty days notice of such hearing shall be given.
(c) The state director, or any  person  designated  by  him  for  this
purpose, may issue subpoenas and administer oaths in connection with any
investigation  or hearing conducted pursuant to this subdivision, and it
shall be the duty of the state director and any  persons  designated  by
him  for such purpose to issue subpoenas at the request of and in behalf
of any respondent.
(d) The state director, or any  person  designated  by  him  for  this
purpose,  shall  not  be  bound by the law of evidence in conducting the
hearing, but any determination shall be founded  upon  sufficient  legal
evidence to sustain it.
(e)  In  the  hearing,  each  respondent shall have the right to cross
examine witnesses against him and to produce witnesses and  evidence  in
his defense.
(f)  Upon  the  conclusion of the hearing, the state director or other
person  conducting  the   hearing   shall   make   such   findings   and
determinations  as  he  deems warranted by the legal evidence before him
and if a violation of the provisions of subdivision one of this  section
is  found  and  determined,  the state director may assess a penalty not
exceeding five hundred dollars for each such violation if the respondent
is a natural person and not exceeding five  thousand  dollars  for  each
such  violation if the respondent is a firm, association or corporation.
The state director  shall  notify  the  respondent  personally  of  such
decision in writing or by certified mail.
(g) All findings, determinations and assessments of the state director
pursuant  to  this subdivision shall be subject to review as provided in
article seventy-eight of the civil practice law and  rules.  Application
for  such  review  must  be  made within sixty days after receipt by the
respondent of notification of the decision of the state director.
9. In construing and enforcing the  provisions  of  this  section  the
action  of  an  agent,  officer,  employee  or member of a person, firm,
association or corporation shall be presumed  to  be  the  act  of  such
person, firm, association or corporation.
§  38.  Compliance  with  local  building  regulations and restrictive
covenants.  1. As used in this section:
"Department" shall mean the department, bureau,  division,  agency  or
person,  including any joint agency, of a county, city, town or village,
charged with the enforcement of the applicable building  code,  multiple
dwelling law, multiple residence law or other law, as defined in section
three  of this act, relating to the construction, maintenance and use of
buildings, structures or other real property and to the control of  land
uses in such county, city, town or village.
"Owner" shall mean the owner or owners of the freehold of the premises
or  any  lesser  estate therein, a mortgagee or vendee in possession, an
assignee of rents, a receiver, executor, trustee, lessee, agent or other
person, firm or corporation directly  or  indirectly  in  control  of  a
building, structure or other real property.
2.  Notwithstanding  any  inconsistent provision of law, as defined in
section three of this act,  any  shelter  constructed  or  installed  or
proposed  to  be  constructed  or installed in accordance with the plan,
regulations or orders of the commission pertaining to shelters shall  be

deemed   to   comply   with  all  provisions  of  law  relating  to  the
construction, maintenance and use of  buildings,  structures,  or  other
real  property  and  to the control of land uses, and the owner shall be
entitled to apply for and obtain, and the department shall issue, upon a
showing  of  compliance  with  such  plan,  regulations or orders of the
commission and upon payment of the appropriate fees, if any, any permit,
license,  certificate,  authorization  or  other   document   for   such
construction,  maintenance  or  use  required by such provisions of law;
provided, however, that no such  shelter  constructed  or  installed  or
proposed  to  be  constructed  or installed in accordance with the plan,
regulations or orders of the commission pertaining to shelters shall  be
deemed  to comply with such provisions of law nor shall any such permit,
license, certificate, authorization or other document be issued  if  the
department  shall  determine  that  such  shelter  will,  because of its
structural arrangement, location design or other  factor,  substantially
deviate  from  the reasonable requirements of such provisions of law and
that such substantial deviation is  unnecessary,  at  approximately  the
same  cost  to  the  owner,  to effectuate the purposes of this act with
respect to the provision of shelter protection.
3. Each county, city, town or village shall have power to adopt  local
laws,  and  each  department shall have power, in the manner provided by
law, to adopt rules and regulations, not inconsistent with this act  and
the   plan,   regulations   or  orders  of  the  commission  promulgated
thereunder, necessary to execute and implement the  powers  granted  and
the duties imposed by this section.
No  provision of this subdivision shall be construed or interpreted as
affecting the validity of any ordinance enacted  prior  to  July  first,
nineteen   hundred   sixty-six,  or  actions  taken  thereunder  by  the
government of any county, city, town or village.
4. (a) The failure to grant an application for such  permit,  license,
certificate,   authorization   or   document  within  sixty  days  after
submission thereof, may be reviewed by an owner in the  manner  provided
by  law  for  appeals  from  determinations  of  the  department made in
enforcing the multiple dwelling law, the  multiple  residence  law,  the
state  building construction code or any other provision of law relating
to the construction, maintenance or  use  of  buildings,  structures  or
other real property or to the control of land uses.
(b)  On any such appeal wherein a party relies for ground of relief or
defense or raises issue or brings  into  question  the  construction  or
validity  of  any of the provisions of this act or the plan, regulations
or orders of the commission promulgated thereunder relating to shelters,
the court or  agency  having  jurisdiction  of  the  appeal,  action  or
proceeding  may  at  any  stage certify such fact to the commission. The
commission may intervene in any such appeal, action or proceeding.
5. The construction, installation  or  maintenance  of  a  shelter  in
accordance  with  the  plan,  regulations  or  orders  of the commission
pertaining to shelters shall not be deemed a breach of a restriction  on
the  use of land heretofore or hereafter created by a covenant, promise,
negative easement, special limitation or  condition  subsequent  and  no
reverter  shall occur, no possessory estate shall result and no right of
entry shall  accrue  by  reason  of  such  construction.  No  action  or
proceeding  may be commenced in any court in the state where such action
or proceeding is based on a claim or allegation that such  construction,
installation   or   maintenance   (a)   constitutes  a  breach  of  such
restriction, (b) causes such a reverter, or (c) results in the  creation
of such a possessory estate or the accrual of such a right of entry.
ARTICLE 4
POWERS OF AGENCIES

Section 40. Powers of certain state officers and agencies.
41. Waiver  of  type,  weight  and  size limitations for certain
vehicles.
42. Contracts for research work in health matters related to the
defense emergency.
43. Emergency health and sanitation areas.
44. Emergency measures to protect milk supply.
46. Production and sale of prison-made  articles  and  materials
essential to the defense effort.
§   40.   Powers  of  certain  state  officers  and  agencies.
Nothwithstanding the provisions of any law, for the  purpose  of
providing  during the defense emergency (a) for unanticipated or
emergency needs for the protection of the safety and  health  of
the  people  of the state in the event of attack, or (b) for the
mobilization and efficient utilization of all of  the  resources
and facilities in the state in aid of the defense effort, or (c)
for the orderly conduct of public or private affairs in a manner
consistent  with  the  requirements  of  the defense effort, the
following officers or agencies of the state shall have power  to
take  action  or  to adopt, promulgate and make effective plans,
regulations or orders, consistent with the  provisions  of  this
act  and  with any actions taken or plans, regulations or orders
adopted and promulgated by the  council,  with  respect  to  the
following matters:
1.  The  civil service commission, upon a finding that because
of the manpower requirements  of  the  armed  services  and  the
defense   effort  vacancies  exist  which  cannot  otherwise  be
readily, equitably and satisfactorily filled,  shall  have  such
power  with respect to (a) extension of provisional appointments
until lists are established and appointments are made therefrom;
(b) extension of eligible lists;  (c)  waiver  of  residence  or
citizenship   requirements   relating   to   public  offices  or
employments; (d) restriction of leaves  of  absence  except  for
illness, entrance into the armed forces of the United States, or
for  other  reasons  which  are  in  the  public  interest;  (e)
employment for temporary periods of  officers  or  employees  in
agencies  other than those in which they are regularly employed;
(f) authorization of  the  employment  of  public  officers  and
employees  in  additional  public offices or employment; and (g)
authorization of compensated employment as  public  officers  or
employees,   of   persons   receiving   pensions  or  retirement
allowances where such  compensated  employment  is  not  already
authorized  by  law,  provided  that  adequate provision is made
whereby the value of the  pension  or  retirement  allowance  is
deducted  from  the  compensation  paid for such employment. The
commission may determine that it will exercise  any  such  power
with respect to municipal civil service administration only upon
the written request of the appropriate civil service commission.
2. The comptroller (a) upon a finding that because of shortage
of  supply  or  because of danger to health and safety immediate
action is necessary, shall  have  such  power  with  respect  to
suspension of provisions of law relating to public purchasing or
letting  of  public  contracts  and  regulation of the manner in
which such purchasing or letting is to  be  accomplished  during
the  period  of such suspension; and (b) in the event of attack,
shall have power to  issue  notes  for  the  purpose  of  paying
expenses  incurred  by the state or, to the extent authorized by
the legislature, by any political subdivision of the state,  for
the  purpose  of repelling invasion, suppressing insurrection or
defending the state in war. Each such note shall mature within a
period of not to exceed two years  from  the  date  of  original
issue  thereof,  but  may  contain provision for payment thereof
within such  two  year  period.  Unless  the  legislature  shall
provide  for  the  issuance  of bonds to redeem such notes, such
notes shall be paid not later  than  their  respective  maturity
dates.  The  comptroller  shall report to the legislature at the
opening of its regular or extraordinary session all action taken
by him pursuant to this subdivision.
3. The industrial commissioner  shall  have  such  power  with
respect  to  safety and record of manufacture, sale, possession,
use or ownership of fireworks or explosives and the  manufacture
and  transportation of firearms, but such powers shall not apply
to the personal possession, use or  ownership  of  firearms  and
ammunition therefor.
4.  The  public  service commission, upon a finding that it is
necessary for public health or safety,  shall  have  such  power
with   respect  to  (a)  maintenance,  restriction,  limitation,
extension or interconnection of public utility services, whether
privately or  publicly  owned;  and  (b)  means  or  devices  of
communication  other than those exclusively regulated by federal
authorities.
5. The secretary of state shall have such power  with  respect
to (a) extension or restriction of the hours during which public
business  may  be  conducted,  public  offices  kept  open,  and
officers and employees required  to  perform  their  powers  and
duties  therein;  and (b) designation of substitute places where
public offices may be located or public business conducted.
6. The commissioner of transportation,  upon  a  finding  that
there  is  a  shortage  of  equipment,  gasoline,  oil  or other
supplies necessary for the use of motor  vehicles  or  upon  the
request  of the president of the United States or of the head of
a federal department or agency having responsibility relative to
the defense effort, or upon a finding that it is  necessary  for
public  health  or safety, shall have such power with respect to
transportation or travel subject to his jurisdiction,  including
the  speeds  at  which  and  the  conditions  under  which  such
transportation or travel may be conducted.
7. Heads of departments in charge of institutions  shall  have
such  power  with  respect  to  health or safety of incarcerated
individuals thereof, including  transportation  of  incarcerated
individuals to, from and between such institutions.
§  41. Waiver of type, weight and size limitations for certain
vehicles. 1. As used in this section "public highway" shall mean
and include any highway, road,  street,  avenue,  alley,  public
place,  public driveway, parkway, bridge or any other public way
in the state.
2. Notwithstanding any  inconsistent  provision  of  law,  the
state  commissioner  of  transportation,  whenever  he  deems it
necessary in the interest  of  the  defense  effort,  may  issue
permits  subject  to  such  conditions as he deems necessary for
safety for the operation or movement upon any public highway  in
the  state  of  vehicles or the combinations thereof, the types,
weights or dimensions of which are inconsistent with  or  exceed
the  restrictions  of  limitations  prescribed by or pursuant to
law.
§ 42. Contracts for research work in health matters related to
the defense emergency. The state commissioner of health and  the
state   commissioner   of   mental  hygiene  shall  have  power,
individually   and   collectively,   to   contract    for    the
accomplishment  of  research  work  for  the armed forces of the
United States or in connection with health  matters  related  to
the  defense  emergency. They shall for such purpose have power,
subject to the approval of the director of the budget, to obtain
and  provide  the  necessary  personnel,  facilities,  material,
equipment  and  supplies  for such work by contract, on the open
market and without advertising or competitive bidding.
§ 43. Emergency health and sanitation areas. 1.  Whenever  the
governor  shall  determine  that (a) because of the existence of
any military or naval establishment of the United States, or  of
any  other  establishment  or  facility constructed, enlarged or
placed in operation subsequent to  June  twenty-fifth,  nineteen
hundred  fifty  for  the  purposes  of or in connection with the
defense effort, there has been an increase in the population  of
any  area  in the state to such an extent as to produce problems
of health and sanitation, or (b)  an  emergency  exists  as  the
result  of  attack,  or  (c)  as  a result of conditions created
directly or indirectly by the defense  effort,  insufficient  or
inadequate   medical  or  health  personnel  or  facilities  are
available in any area, he may, upon the  recommendation  of  the
state commissioner of health or whenever he determines that such
action  is deemed necessary for the protection of public health,
designate any area in the state  so  affected  as  an  emergency
health and sanitation area and fix the boundaries thereof.
2.  Whenever a special emergency health and sanitation area is
established, as herein provided, it shall be  the  duty  of  the
local  board  or  boards  of health of the territory within such
area, to make and enforce rules and regulations consistent  with
the  provisions of the public health law (a) to prevent or limit
the introduction or  spread  of  any  contagious  or  infectious
disease and (b) to protect the public health within the area.
3.  If  in  the  judgment  of the governor, any local board of
health in the territory within such area is unable or  fails  to
make   and  enforce  adequate  rules  and  regulations  for  the
protection of the public health therein, he may direct the state
commissioner of health  to  make  and  enforce  such  rules  and
regulations,  and  for  this  purpose  the state commissioner of
health is authorized and empowered to assume any or all  of  the
powers  and  authority  now  or  hereafter conferred by law upon
local boards of health.
4.  Any  local  board  of  health  having  jurisdiction   over
territory within an emergency health and sanitation area may, by
application  in  writing,  request the commissioner of health to
undertake the protection of the area over which the local  board
has  jurisdiction.  Upon  his  approval of any such request, the
state commissioner of health is hereby authorized and  empowered
to  make  and enforce rules and regulations in such area and for
this purpose, the state commissioner of health is authorized and
empowered to assume any and  all  power  and  authority  now  or
hereafter conferred by law upon local boards of health.
5.  Whenever  the  governor has designated an emergency health
and sanitation area because of the insufficiency  or  inadequacy
of  medical  or  other health personnel or facilities, the state
commissioner of health is authorized, directed and empowered  to
designate,  appoint,  employ  for  service therein and supervise
necessary medical and health personnel and to  make  such  other
provisions  as  may be necessary or desirable for the protection
of public health.
6.   The  commissioner  of  health  is  hereby  authorized  to
cooperate with and utilize the  services  of  local,  state  and
federal   health   and   welfare  agencies  in  formulating  and
effectuating state, interstate and federal health and sanitation
programs.
§ 44. Emergency measures to protect milk supply. When  in  the
opinion of the commissioner of health a milk or cream supply has
been so contaminated as to be potentially dangerous to health or
serious  curtailment  of such a supply is threatened as a result
of accident, sabotage or enemy action, he is  hereby  authorized
to  embargo  any  part  of any such milk or cream supply pending
investigation and, notwithstanding any  contrary  provisions  of
law,  to authorize the transfer of milk and cream from one plant
to another or from one  political  subdivision  to  another  for
pasteurization,  bottling  or  sale,  and to waive or modify any
requirements,  regulations  or  standards   pertaining   to   or
affecting   the   production,   processing,  handling,  storage,
transportation, sale, resale or distribution of milk and  cream,
or   any   operations   or  procedures  incident  thereto  until
conditions warrant normal operation.
§  46.  Production  and  sale  of  prison-made  articles   and
materials  essential  to the defense effort. Notwithstanding any
inconsistent provision of law, and during the defense emergency,
under and pursuant to such regulations as may be adopted jointly
by the state commissioner of correction, the state  commissioner
of commerce and the state commissioner of general services which
they  determine  will best utilize the labor of prisoners to aid
the defense effort, equipment,  goods,  products,  articles  and
materials  essential  to the defense effort may be manufactured,
produced, processed, reprocessed, treated, altered  or  repaired
in  any  prison,  reformatory,  penitentiary  or  jail  or other
correctional  institution  in  the  state  with  the  labor   of
prisoners  therein  and  distributed  or sold in accordance with
such regulations. Such regulations may be  amended  or  repealed
from  time to time but no such regulation or amendment or repeal
thereof shall become effective until approved  by  the  council.
All  of  the  provisions of article seven of the correction law,
not  inconsistent  with  the  provisions  of  this  section   or
inconsistent  with  the  regulations  adopted  pursuant  to this
section, shall be applicable to the work performed  and  actions
taken under the provisions of this section.
ARTICLE 5
POWER OF DISPENSATION FROM CERTAIN LIMITATIONS OF LAW
 
Section 70. Definition.
71. Dispensing power.
72. Dispensing power on public work.
73. Legislative standards and limits of dispensing power.
74. Application for dispensation.
75. Appeals.
76. Misrepresentation.
77. Liabilities under dispensation.
78. Temporary  restriction  of  jurisdiction  of  the  board  of
standards and appeals.
§ 70. Definition. As used in this article: "Defense work"  shall  mean
noncombatant  service  performed in connection with (a) the manufacture,
production and distribution of articles and materials for defense on  or
for  contracts  for  the  armed  forces of the United States, or for any
other  agency  of  the United States, or for any associated power of the
United States, (b) any other work related  thereto,  or  (c)  any  other
occupation,  activity  or  employment essential to the defense effort or
necessary to promote and protect the public health and welfare  and  the
safety and security of the people of the state.
§  71. Dispensing power. Notwithstanding any inconsistent provision of
law the industrial commissioner is hereby authorized, during the defense
emergency and subject to  the  provisions  of  this  article,  to  grant
dispensations  to  employers  engaged  in defense work from requirements
imposed by or pursuant to law which prevent or  interfere  with  maximum
possible   production  in  defense  work  and  to  permit  operation  or
employment in such defense work (a) on a  seven  day  basis;  (b)  on  a
multiple  shift  basis; (c) under waiver of section two hundred one-a of
the labor law; or (d) under waiver of such other provisions  of  law  as
may   regulate  or  restrict  operation,  hours,  equipment,  places  or
conditions of employment, persons that may be employed, or types of work
in which certain persons may engage.
§ 72. Dispensing power on public work. During  the  existence  of  the
defense  emergency  and  subject  to the provisions of this article, the
industrial commissioner and, on appeal, the  New  York  state  board  of
standards  and  appeals  are hereby authorized to grant dispensations to
prevent the provisions of subdivision two of section two hundred  twenty
of  the  labor  law  from interfering with speedy construction of public
work related to the defense effort and necessary for the success of  the
defense  effort.  Conditions  and  restrictions  with  respect to hours,
wages, equipment, places or conditions of employment, persons  that  may
be employed, or types of work in which certain persons may engage may be
imposed in connection with such dispensations. Such an application by an
agency  of the state or of a political subdivision which will be a party
to a public work contract may be made only prior to the letting of  such
contract.
§  73.  Legislative  standards  and  limits  of  dispensing power. The
granting of dispensations pursuant to this article shall be  subject  to
the following standards and limits:
(a)  No  dispensation shall be granted to any employer with respect to
the employment of minors under the age of sixteen;
(b) No dispensation shall be granted for a period  in  excess  of  six
months, provided, however, that upon reconsideration of all of the facts
and  circumstances of a particular case, a continuance of a dispensation
may be granted.
(c) No dispensation shall be granted  which  does  not  safeguard  the
health  and  welfare  of  the  worker  and  which is not demanded by the
necessities of adjusting state policy to  requirements  of  the  defense
effort.
(d)  No  dispensation  shall  be  granted  to  any employer who can by
utilization of available labor supply  or  by  organizational  or  other
reasonable   adjustments  maintain  maximum  efficiency  and  production
without such dispensation.
(e) No dispensation shall be granted except where necessary to prevent
the normal restrictions of law from interfering with the paramount  duty
of maximum possible production in defense work.
§  74.  Application for dispensation. 1. Employers in defense work may
make applications for dispensation pursuant  to  this  article  in  such
manner and upon such forms as the commissioner of labor shall prescribe.

The  commissioner  of  labor  may, after hearing upon due notice, revoke
dispensations not necessary to maintain maximum possible  production  in
defense work.
2.  Where  immediate  dispensation  is  necessary  in order to prevent
interference with maximum  possible  production  in  defense  work,  the
commissioner  of  labor  may grant such dispensation provisionally for a
period not to exceed one month. Such a provisional dispensation  may  be
revoked  upon  notice  if subsequent investigation demonstrates that the
dispensation is unwarranted.
§ 75. Appeals.  Any  person  in  interest  who  is  aggrieved  by  any
determination   of  the  industrial  commissioner  with  respect  to  an
application for or grant, denial or revocation of a  dispensation  under
this  article  may  appeal  to the New York state board of standards and
appeals.  Such an appeal may be taken within twenty days after the  date
notice  of  such  determination  is  given  to  the  applicant  by  such
commissioner. The applicant for the dispensation shall have  the  burden
of  proving  that  the  granting  or  continuance  of  a dispensation is
warranted in his particular case. The  board  is  hereby  authorized  to
affirm,   reverse   or   modify  any  determination  of  the  industrial
commissioner under this article. The board shall order a hearing  if  it
deems  a  hearing  necessary  in order to enable it to decide the issues
raised. In a case where a hearing is  not  so  ordered,  the  board  may
decide  the  appeal  upon written submissions. The determinations of the
board upon questions of fact shall be  conclusive.  Within  twenty  days
after  notice  of  the  determination  of  the  board  is  given  to the
applicant, an appeal may be taken upon questions of law to the appellate
division of the  supreme  court,  third  department.  The  filing  of  a
petition of appeal with the board of standards and appeals in accordance
with  that  board's  rules  of  procedure,  or the filing of a notice of
appeal with  such  court,  shall  not  stay  the  determination  of  the
industrial commissioner under this article.
§  76.  Misrepresentation.  Any  person  who wilfully makes a material
misrepresentation of fact or purpose to the industrial  commissioner  or
to  the  board  of standards and appeals in an application or appeal for
dispensation under this article is  guilty  of  a  misdemeanor  and  any
dispensation  issued  upon the basis of such misrepresentation shall not
constitute  a  defense  for  any  violation  of  the  law   from   which
dispensation was thus obtained.
§  77.  Liabilities  under dispensation. Except as provided in section
seventy-six of this act, no  person,  firm  or  corporation  engaged  in
defense  work to whom a dispensation granted pursuant to this article is
in effect, shall be liable, under any penal or civil law, for  operation
or employment as authorized in such dispensation.
§  78. Temporary restriction of jurisdiction of the board of standards
and appeals. For the limited purposes  and  duration  of  this  article,
subdivision  five  of  section one hundred sixty-one of the labor law is
hereby modified so as to relieve the board of standards and  appeals  of
jurisdiction  to  grant  variations  thereunder  to employers engaged in
defense work and sole authority to grant dispensations hereunder to such
employers is hereby vested in the  industrial  commissioner  subject  to
appeal as provided in section seventy-five hereof. In other respects the
jurisdiction   of   the  board  of  standards  and  appeals  remains  as
established.
ARTICLE 6
CLOSING OR RESTRICTING USE OF HIGHWAYS; POSTING OF PROPERTY
 
Section 80. Definitions.
81. Petition to close or restrict use of travel upon highways or
to post property.
82. Order   of   commissioner  closing  or  restricting  use  of
highways.
83. Authority to post.
84. Violations; penalty.
85. Powers of peace officers.
86. Construction.
§ 80. Definitions. As used in this article the following  terms  shall
mean and include:
1. "Highway." Any private or public highway, street, way, waterway, or
other place used for travel.
2. "Commissioner." The state commissioner of transportation.
§  81. Petition to close or restrict use of travel upon highways or to
post property. (a) Any  agency  of  the  United  States  engaged  in  or
concerned  with the defense effort, (b) any agency of the state, (c) the
chief  executive  officer  or  the  governing  body  of  any   political
subdivision  of the state or (d) an individual, partnership, association
or corporation using or preparing to use  real  property  in  connection
with  the operation of a public utility, an airport, a dock, or a wharf,
or  the  manufacture,  transportation,  distribution   or   storage   of
explosives,  firearms, inflammable liquids, gas, oil, coal, electricity,
water or any product to be used in the defense effort by this state,  of
any  state  of  the  United  States,  or a political subdivision, by the
United  States  or  any  associated  power  thereof,  may  petition  the
commissioner for an order to close or to direct the appropriate official
or body to close to public use and travel and to restrict public use and
travel  upon,  any highway or part thereof or to post property, on which
such use and  travel  or  entrance  by  the  general  public  is  deemed
dangerous to the public safety and security or to the defense effort, or
to the safety of property of the petitioner.
§ 82. Order of commissioner closing or restricting use of highways. 1.
If  the  commissioner  is satisfied that the public safety and security,
the defense effort, or the safety  of  property  of  the  petitioner  so
require,  he  shall,  in the case of a highway under his supervision and
control, make an order closing to public use and  travel  or  reasonably
restricting  the use of and travel upon such highway or part thereof; in
the case of a highway not under his supervision  and  control  he  shall
make  an  order  directing  the  appropriate  official  or  body  having
supervision and control of such highway or  part  thereof  to  close  to
public  use  and  travel  or  restrict  the  use of and travel upon such
highway or part thereof, in accordance with the terms of such order.
2. Copies of the order shall be filed as follows:
(a) One copy in the office of the council, one copy in the  office  of
the  state  department  of transportation, and one copy in the office of
the department of state;
(b) If any portion of such a highway is part of  a  county  road,  one
copy  of  the  order  shall  be  filed  in  the  office  of  the  county
superintendent of highways and one in the office of  the  clerk  of  the
board of supervisors of the county affected by the order;
(c)  If  any  portion of such a highway is part of a town highway, one
copy  of  the  order  shall  be  filed  in  the  office  of   the   town
superintendent  of  highways  and one in the office of the town clerk of
the town affected by the order;
(d) If any portion is a city street or part of a city street, the copy
of such order shall be filed in the office of the city clerk of the city
affected by the order; and
(e) If any portion is a village street or part of  a  village  street,
the copy of such order shall be filed in the office of the village clerk
of the village affected by the order.
3. The commissioner shall post and keep posted or authorize and direct
the  appropriate official or body having such supervision and control to
post and keep posted appropriate  notices  in  letters  at  least  three
inches high reading "Closed By Order Under State Defense Emergency Act."
Such  notices shall be posted conspicuously at each end and intersection
of any highway or part thereof so closed or restricted by such order; in
the case of a waterway such notices shall  be  posted  conspicuously  at
such  locations and in such manner as in the opinion of the commissioner
will  reasonably  place  the  public  on  notice  of  such  closing   or
restriction.  The commissioner, in addition, in a proper case may in his
discretion order, authorize and direct the petitioner or the appropriate
office or body having such supervision and control to erect and maintain
suitable and sufficient barricades across any highway or portion thereof
to close and prevent individuals from entering the same or  to  restrict
public  use  and  travel  thereon;  in  the  case of a highway under his
supervision and control, such an order may provide for such barricades.
4. The commissioner may revoke or modify any  order  theretofore  made
and  shall  cause or require copies of such a revocation or modification
to be filed in the same offices as the original order.
5. In the case of any order to close and barricade a highway  or  part
thereof  within,  adjacent  to  or  in  the  vicinity  of a reservation,
installation or facility maintained by the armed forces  of  the  United
States, the provisions of any law relating to the maintenance and repair
of  streets and highways in the state and applicable to the state, or to
any political subdivision of the state, shall be deemed to be  suspended
from  the  date  notices  are  so  posted and barricades, if any, are so
erected until the order of the commissioner  shall  be  revoked  or  the
reservation, installation or facility shall cease to be maintained under
the  jurisdiction  of  such  armed  forces.  Neither  the state, nor any
political subdivision shall be liable for damages to persons or property
sustained on any such highway or portion thereof from and after the date
of posting of such notices and the erection of such barricades, if  any,
until  the  order  of  the  commissioner is revoked or such reservation,
installation  or  facility  shall  cease  to  be  maintained  under  the
jurisdiction of such armed forces; provided that during such period such
notices and barricades, if any, shall continue to be maintained suitably
in accordance with the order of the commissioner.
6.  Nothing in this section shall prevent the lawful temporary closing
of any highway or part thereof otherwise authorized by  or  pursuant  to
law.
§  83.  Authority  to  post. If the commissioner is satisfied that the
public safety or security, the defense effort or the safety of  property
of  the  petitioner so require, he may grant a petition to post property
and issue an order authorizing the petitioner to post any part of or all
such property, whether enclosed or not, with a sign or signs reading "No
Entry Without Permission By Order Under State  Defense  Emergency  Act."
Such  sign or signs shall be placed in such locations and in such manner
as the commissioner shall approve as reasonably to place the  public  on
notice  that  such  premises  so  posted  are  not to be entered without
permission of the owner or person in charge thereof.
§ 84. Violations; penalty. 1. Any  person  who  wilfully  violates  an
order made pursuant to this article shall be guilty of a misdemeanor and
be  punished  upon  conviction  by an imprisonment for not more than ten
days, or a fine of not more fifty dollars, or both.
§ 85. Powers of peace officers.   Any  peace  officer  or  any  person
employed  as  watchman,  guard  or in a supervisory capacity on premises
posted in accordance with the provisions of section eighty-three of this
act may stop any person found on any premises so posted and  may  detain
him  for  the  purpose  of  demanding,  and may demand, of him his name,
address and reason for being in such place. If  such  peace  officer  or
employee  has  reason  to  believe  from  the  answers  of the person so
interrogated  or  from  his  behavior  or  other  attendant   facts   or
circumstances  that  such  person does not have permission to be in such
place, such peace officer may forthwith arrest  such  person  without  a
warrant  on  the  charge  of violating the provisions of such section or
such employee may forthwith turn him over to a peace  officer,  who  may
arrest  him  without a warrant on the charge of violating the provisions
of such section.
§ 86. Construction. Nothing in this article shall impair,  curtail  or
destroy   the   rights   of   employees   or  their  representatives  to
self-organization, to  form,  join  or  assist  labor  organizations  to
bargain collectively through representatives of their own choosing or to
engage  in  lawful  concerted  activities  for the purpose of collective
bargaining or other mutual aids or protection.
ARTICLE 7
Banking
 
Section 90. Definitions.
91. Change of location.
92. Emergency boards of directors.
93. Powers of the superintendent.
95. General provisions.
§ 90. Definitions. 1. "Institution," when used in this article,  shall
mean  and include any banking organization or licensed lender within the
meaning of such terms as defined in section two of the banking law,  any
branch  or  agency  of  a  foreign  banking  corporation  licensed to do
business in this state pursuant to article two of such law,  any  casher
of  checks  licensed  pursuant  to  article nine-A of such law, any bank
holding company within the meaning of such term as  defined  in  section
one  hundred  forty-one  of  such law, the New York business development
corporation created by article five-A of such law, the savings and  loan
bank  of  the  state  of New York organized pursuant to article ten-B of
such law, any mutual trust  investment  company  organized  pursuant  to
article  twelve-A of such law, any fund as defined in subdivision two of
this section, and any branch or office of any institution.
2. "Fund," when used in this article, shall mean any fund  established
pursuant  to  article  six-B,  article ten-A or article eleven-A of such
law, of which fund there is a board of individual trustees.
3. "Corporate institution," when used in this article, shall mean  any
institution which is a corporation organized under the laws of the state
of  New  York  and,  insofar  as  the  provisions  of  this  article may
appropriately apply thereto, any fund.
4. "Charter," when used in this article, shall mean  and  include  the
certificate   of   organization   or   incorporation   or   special  law
incorporating a corporation together with its bylaws, or  the  agreement
establishing a fund.
5.  "Acute  emergency,"  when  used  in  this  article,  shall  mean a
condition in which,  by  reason  of  loss  of  life,  epidemic  disease,
destruction   or  damage  of  property,  contamination  of  property  by
radiological, chemical or bacteriological means, or  disruption  of  the
means  of transportation and communication, resulting from an attack, it
is impossible or  impracticable  for  any  institution  to  conduct  its

ordinary  business  in  compliance with the laws other than this article
and, if a corporate institution, in compliance with  the  provisions  of
its charter.
6.  "Director"  and  "board  of directors," when used in this article,
shall include respectively "trustee" and "board of trustees,"  including
an individual trustee and a board of individual trustees of any fund.
7.  "Acting  director" and "acting officer" when used in this article,
shall mean, respectively, an acting director or acting  officer  elected
or appointed in accordance with the provisions of this article.
8. "Quorum," when used in this article, shall mean with respect to any
item  of  business  which  may come before any meeting of directors of a
corporate institution the minimum number of directors  required  by  the
provisions  of  law  other  than this article and by the charter of such
institution to be present for valid action to be taken at  such  meeting
with respect to such business.
9.  "Superintendent,"  when  used  in  this  article,  shall  mean the
superintendent of financial services.
§ 91. Change of location. Any institution, without complying with  any
provision  of  law  requiring  approval or application for approval of a
change of location of its place or places of business, may from time  to
time  change  the location of any of its places of business with respect
to which an acute emergency exists to another location within this state
which shall be as near as practicable to the place at which  such  place
of  business  was  located  at  the  commencement of the period of acute
emergency, and may carry on its business at  such  new  location  during
such period of acute emergency and thereafter for a reasonable time. Any
institution  changing  the location of any place of business pursuant to
the provisions of this paragraph shall notify the superintendent thereof
in writing as soon as practicable before  or  after  the  date  of  such
change,  stating  the address of the place of business whose location is
being changed, the address of  the  location  to  which  such  place  of
business is being changed, and the dates when the institution is ceasing
to  do  business at the former location and commencing to do business at
the latter location.
§ 92. Emergency boards of directors. 1. Notwithstanding any other  law
or  any  provision  of  the  charter of any corporate institution to the
contrary, if at any time during a period of acute emergency with respect
to any corporate institution, no  person  otherwise  empowered  to  call
meetings  of the board of directors of such institution shall be present
and capable of acting, meetings of directors and acting directors may be
called by any director or acting director, or if no director  or  acting
director  be  present  and  capable  of acting, by any officer or acting
officer. If it shall be impracticable or impossible to give notice of  a
meeting  of  directors or acting directors of such an institution in the
manner otherwise prescribed, the person calling such a meeting may  give
notice  thereof  by  making such reasonable efforts as circumstances may
permit to notify each director and acting director of the meeting.  Such
notification  may  be  oral  or  written, and shall specify the time and
place of the meeting, but need not specify the purposes thereof. Failure
of any director or acting director to receive actual notice of a meeting
of directors and acting directors shall not  affect  the  power  of  the
directors  and  acting directors present at such meeting to exercise the
powers of an emergency board of directors as prescribed in this section.
Nothing contained in this article shall  be  construed  as  requiring  a
meeting of directors of such an institution to be convened in any manner
different  from  that prescribed by its charter and by the provisions of
law other than this article.
2. The directors and acting directors of any corporate institution, if
three or more in number, who are present at any meeting convened  during
a  period of acute emergency affecting such institution pursuant to call
made or notice given in the manner described in subdivision one of  this
section  or at any meeting convened during such period pursuant to other
lawful call  and  notice  at  which  a  quorum  is  not  present,  shall
constitute  an  emergency  board of directors which, notwithstanding any
provision of the charter of such institution or  any  provision  of  law
other  than  this article to the contrary, shall have the power, subject
to the limitations prescribed in this article, by  a  majority  of  such
persons  present, to take any and every action which may be necessary to
meet the exigencies of the acute emergency or to enable such institution
to conduct its business during such period, but  no  other  powers.  The
powers of an emergency board of directors shall include but shall not be
limited to the following powers:
(a)  At  any  meeting,  to  elect such acting directors as it may deem
necessary, without  regard  to  the  number  of  directors  which  would
otherwise be required, to serve in any positions on such board which are
vacant  or  in place of any directors or acting directors who are absent
from such meeting, but not to elect any director on a permanent basis.
(b) To elect such acting officers as it may  deem  necessary,  without
regard  to  the number of officers which would otherwise be required, to
serve in any offices which are vacant or in place  of  any  officers  or
acting  officers  who fail to appear and assume their duties, to fix the
compensation and determine the powers and duties of acting officers  and
to  remove  acting officers but not to remove any officer or to fill any
vacancy on a permanent basis or to cause the institution to  enter  into
any contract of employment for a term of over one year.
(c)  To  cause  the  institution  to change the location of any of its
places of business pursuant to section ninety-one of this  chapter,  and
to authorize such action as it may deem appropriate to acquire space and
facilities  at the new locations, but not to acquire any property in fee
or for a term of over one year.
(d) To  postpone  any  meeting  of  the  stockholders  or  members  or
directors  of  such  institution,  or any directors' examination of such
institution if, in the judgment of the majority of the members  of  such
emergency  board  of  directors,  it would be impracticable to hold such
meeting or conduct such examination at the time it would otherwise  have
been held or conducted.
(e)  If  it  shall  appear  to  an emergency board of directors that a
quorum of the board of directors cannot be assembled within a reasonable
time,  to  call  a  meeting  of  the  stockholders  or  members  of  the
institution  to  be  held  as  soon  as the circumstances may reasonably
permit, at a place to be designated by the emergency board of  directors
within  this  state  or  a contiguous state, for the purpose of electing
directors to fill vacancies on the board of directors, but for no  other
purpose,  and  to  propose  nominees  for  such  election. No meeting of
stockholders or members shall be held pursuant to such call except  upon
notice  given  in  accordance with the provisions of law other than this
article and the charter of the institution.
3. As soon as practicable after each meeting of an emergency board  of
directors,   the   person   who   presided   thereat  shall  notify  the
superintendent in writing of the time and place of such meeting, of  the
efforts  made  to  give  notice  thereof  to  the  directors  and acting
directors who failed to appear, of the persons present at such  meeting,
of  any  changes in the directors, acting directors, officers and acting
officers and of all actions taken at such meeting.
4. No person prohibited by law  or  by  the  charter  of  a  corporate
institution  from  serving  as  a  director of such institution shall be
eligible to serve as an acting director except that no person  shall  be
disqualified to serve as an acting director by reason of his not being a
stockholder  of  such institution, by reason of his not being a resident
of this state or of a contiguous state, or by reason of  the  number  of
the  directors  or acting directors who are officers, acting officers or
employees of the institution.    Any  person  may  serve  as  an  acting
director of a fund who is a director, acting director, officer or acting
officer of an institution which is a party to the agreement creating the
fund.  No oath of acting directors shall be required.
5. Acting directors elected pursuant to the provisions of this section
or  appointed pursuant to the provisions of section ninety-three of this
chapter shall be entitled to notice of and to vote at all meetings of an
emergency board of directors equally with  directors.  Acting  directors
shall  not  be  entitled to take part in the deliberations or to vote at
any meeting of directors duly convened in accordance with the applicable
provisions of law other than this section and with the provisions of the
charter of the institution  at  which  a  quorum  of  the  directors  is
present.   Each acting director shall serve until the director or acting
director in whose place he was  elected  or  appointed  shall  attend  a
meeting or until a director is duly elected to fill the vacancy in which
such  acting  director  has  been  serving,  whichever  event occurs the
earlier. Acting directors shall be entitled to any compensation  payable
to directors.
6.  Acting  officers  elected  pursuant to this subdivision shall have
such powers and duties and receive such compensation as may from time to
time be determined by the board of directors or an  emergency  board  of
directors.  Each  acting  officer shall serve until the officer in whose
place he was elected shall appear and assume his  duties  or  until  his
successor  officer  or  acting officer shall be elected, whichever event
occurs the earlier.
§ 93. Powers of the superintendent. 1. In the event that at  any  time
during  a  period  of acute emergency, the number of directors or acting
directors of an institution which is a corporation who are  present  and
capable  of  acting  shall  be less than three, the superintendent shall
have the power to designate additional acting directors in  such  number
as  will bring to three the number of directors and acting directors who
are present and capable of acting.
2. Upon a determination that such action will tend to promote the safe
and sound and orderly conduct of the business of any institution  or  to
prevent  controversy  as to the power of any group of persons purporting
to act as an emergency board of directors so to act, the  superintendent
shall  have power to issue orders declaring that any such group shall or
shall not have the  powers  of  an  emergency  board  of  directors,  or
confirming,  modifying  or vacating in whole or in part any action taken
or purportedly taken by any such group or removing any acting director.
3. (a) At any time after an attack, upon his determination  that  such
action  will  tend to promote certainty as to the powers of institutions
or individuals pursuant to this article or that such action is desirable
to enable institutions to take  preparatory  precautions  prior  to  the
occurrence of an acute emergency, the superintendent shall have power to
declare that any provision of this article which he may specify shall be
operative  with  respect to any institution which he may designate. Upon
such declaration such institution and its  directors,  officers,  acting
directors  and  acting  officers shall have all powers conferred by such
provisions of this article. The failure  of  the  superintendent  so  to
declare  shall  not  be deemed to limit the powers of any institution or

its directors, officers, acting directors or acting  officers  where  an
acute emergency exists in fact.
(b)  At any time after the commencement of an acute emergency or after
the superintendent shall have declared any  provision  of  this  article
operative  pursuant  to  paragraph  (a)  of  this  subdivision, upon his
determination that an institution is able, in whole or in part, to carry
on its business in compliance with its charter and the laws  other  than
this  article,  the  superintendent shall have power to declare that any
provision of this article which he may specify shall be inoperative with
respect  to  any  institution  which  he  may   designate.   Upon   such
declaration,  such  institution shall be governed by its charter and the
provisions of law other than  this  article,  except  insofar  as  other
provisions of this article remain operative.
4. Upon his determination that, as a result of an acute emergency, the
business  and affairs of an institution cannot otherwise be conducted in
a  safe  and  sound  manner,  the  superintendent  may  forthwith   take
possession  of  the  institution  and  its  business  and  property. The
provisions of section six hundred six through  six  hundred  thirty-two,
inclusive,  of  the banking law shall be applicable in any case in which
the superintendent takes possession of an institution pursuant  to  this
subdivision  as  though  the  institution were a banking organization or
foreign banking  corporation  of  which  the  superintendent  had  taken
possession  pursuant to section six hundred six of such law, except that
no such provision shall be applicable  which  the  superintendent  shall
have   declared   inapplicable   pursuant   to   this  subdivision.  The
superintendent  shall  have  power  to  declare  inapplicable  any  such
provision  upon  his  determination  that  the  same is inappropriate or
unnecessary to protect the interests of the public or  the  stockholders
or  creditors of the institution, in view of the acute emergency and the
nature of the institution. This subdivision shall not  be  construed  as
conferring upon the superintendent the power to declare inapplicable the
provisions of section six hundred seven of such law.
5.  The  superintendent shall have power to issue general and specific
regulations, directives and orders consistent with and in furtherance of
the purposes of this article.
§ 95. General provisions. 1. In any action or proceeding it  shall  be
presumed that a condition of acute emergency existing within any city or
county  within the state constitutes a condition of acute emergency with
respect to every institution within such city or county.
2. The board of directors of every corporate institution shall, during
any period of acute emergency, have all of the powers  of  an  emergency
board  of  directors as provided by this article. This article shall not
be construed as limiting  the  powers  of  any  institution  or  of  the
stockholders   or  members  or  board  of  directors  of  any  corporate
institution.
3. This article shall not be construed as permitting or requiring  any
corporation  organized  under  the laws of any other state of the United
States or of any foreign country, or of  Puerto  Rico,  or  any  branch,
office,  or  agency  of  such  corporation,  or  the board of directors,
officers, or stockholders of any such corporation to do  anything  which
they   could  not  lawfully  and  validly  do  under  the  laws  of  the
jurisdiction under whose laws such corporation was organized.
ARTICLE 7-A
Insurance
 
Section 96.   Definitions; interpretation of article.
97.   Emergency by-laws.
98.   Changes of location; emergency boards of directors.
99.   Powers of the superintendent.
99-a. General provisions.
§  96.  Definitions;  interpretation  of article. 1. When used in this
article, the following terms shall mean and include the following:
(a)  "Organization"--any  insurer,  rating  organization,  service  or
advisory   organization,  joint  underwriting  association,  welfare  or
pension fund, which is subject, in whole or in part,  to  the  insurance
law of this state.
(b)  "Domestic organization"--any "organization" which is domiciled in
this state, including, insofar as the provisions  of  this  article  may
appropriately  apply  thereto,  any  welfare  or  pension fund or United
States branch of an alien insurer.
(c) "Charter"--the certificate of  organization  or  incorporation  or
special  law  incorporating  a corporation together with its by-laws, or
the agreement establishing a  fund  or  association  together  with  its
constitution and by-laws.
(d)  "Acute  emergency"--a period in which, by reason of loss of life,
epidemic disease, destruction or damage of  property,  contamination  of
property   by   radiological,  chemical  or  bacteriological  means,  or
disruption of the means of transportation and  communication,  resulting
from  an  attack, as defined in subdivision two of section three of this
chapter, it is impossible or impracticable for the business of insurance
in this state to be conducted in strict accord with  the  provisions  of
law or "charters" applicable thereto.
(e)  "Board"--the  board of directors, board of trustees, committee or
similar body having control of the affairs of an "organization."
(f) "Director"--a director, trustee, or member of a "board".
(g) "Acting director"--an acting "director" elected  or  appointed  in
accordance with this article.
(h) "Officer"--an officer of a "domestic organization".
(i) "Acting officer"--an acting "officer" appointed in accordance with
this article.
(j)  "Quorum"--the  minimum  number of "directors" required by charter
and law other than this article, to be present for valid  action  to  be
taken  at a meeting of a "board" with respect to each particular item of
business which may come before such meeting.
(k) "Superintendent"--the  superintendent  of  financial  services  or
person  duly  designated to exercise the powers of that office during an
"acute emergency".
2. This article does not, and shall not be  construed  to,  limit  the
powers  of  any organization or permit or require any organization which
is not domiciled in this state or any branch, office, or agency of  such
organization  or  the  directors,  officers,  members,  policyholders or
stockholders of any such organization to act, or fail to  act,  in  such
fashion  as  would  violate  the  laws  of the jurisdiction wherein such
organization has its domicile.
§ 97. Emergency by-laws. 1. With the approval of  the  superintendent,
any domestic organization may, at any time, adopt, in the same manner as
in  the  case of ordinary by-laws, emergency by-laws to become operative
during a period  of  acute  emergency.  Emergency  by-laws  may  contain
provisions  with  respect  to  the number of directors capable of acting
which shall constitute its board, the number  of  such  directors  which
shall constitute a quorum at a meeting of the board, the number of votes
necessary for action by such board, the manner in which vacancies on the
board  shall  be filled, the line of succession of its officers, and the
interim management of the affairs of the organization; such  provisions,
if approved by the superintendent, need not comply with the requirements
of  the  charter  of  such  domestic  organization  or  of  the  general

corporation law, the stock corporation  law,  the  business  corporation
law, the membership corporation law and the insurance law.
2. Except as provided in subdivision two of section ninety-nine-a, the
provisions of subdivisions two through seven of section ninety-eight and
the  subdivisions  two  and  three  of  section ninety-nine shall not be
applicable,  during  a  period  of  acute  emergency,  to  any  domestic
organization  operating in accordance with emergency by-laws approved by
the superintendent to the extent that the procedures set forth  in  such
emergency by-laws relate to subject matter contained in subdivisions two
through seven of section ninety-eight.
§   98.   Change  of  location;  emergency  boards  of  directors.  1.
Notwithstanding any provision of its charter, any domestic organization,
without complying with  any  provision  of  law  requiring  approval  or
application  for  approval  of  a  change  of  location of its principal
office, may from time to time change  the  location  thereof  during  an
acute emergency to a suitable location within the United States, and may
carry  on  its business at such new location during such acute emergency
and for a reasonable time thereafter. Any organization which changes the
location of its principal office during an acute emergency shall  notify
the  superintendent  thereof  in writing as soon as practicable, stating
the address of the new location, the address of the former location, and
the dates when business is ceasing at the former location and commencing
at the latter location.
2. Notwithstanding any contrary provision of law or of its charter, if
at  any  time  during  an  acute  emergency   affecting   any   domestic
organization,  no  person  otherwise  empowered  to call meetings of its
board is capable of acting, a meeting  thereof  may  be  called  by  any
director  or  acting  director,  or if no director or acting director is
capable of acting, by any officer or acting  officer.  If  it  shall  be
impracticable  or impossible to give notice of a meeting of the board in
the manner prescribed by charter and law other than  this  article,  the
person  calling  such  a  meeting may give notice thereof by making such
reasonable efforts as circumstances may permit to notify  each  director
and  acting  director of the time and place of the meeting, but need not
specify the purposes thereof. Failure of any director or acting director
to receive actual notice of a meeting of directors and acting  directors
shall not affect the power of the directors and acting directors present
at  such  meeting  to  exercise  the  powers  of  an  emergency board of
directors as prescribed in  this  section.  Nothing  contained  in  this
article  shall  be construed as requiring a meeting of the board of such
an organization to  be  convened  in  any  manner  different  from  that
prescribed  by  its charter and by the provisions of law other than this
article.
3. If three or more directors and/or acting directors of any  domestic
organization  are  present  at  any  meeting  of its board duly convened
during an acute emergency affecting  such  domestic  organization,  they
shall constitute its emergency board of directors which, notwithstanding
any  contrary  provision of law or of its charter, shall have the power,
subject to the limitations prescribed in this article, by a majority  of
those  present,  to  take any and every action which may be necessary to
enable such domestic organization to meet the exigencies  of  the  acute
emergency  and  conduct  its  business  during such period, but no other
powers. The powers of an emergency board of directors shall include  but
shall not be limited to the following powers:
(a)  At  any  meeting,  to  elect such acting directors as it may deem
necessary, without  regard  to  the  number  of  directors  which  would
otherwise be required, to serve in any positions on such board which are

vacant  or  in place of any directors or acting directors who are absent
from such meeting, but not to elect any director on a permanent basis.
(b)  To  elect  such acting officers as it may deem necessary, without
regard to the number of officers which would otherwise be  required,  to
serve  in  any  offices  which are vacant or in place of any officers or
acting officers who fail to appear and assume their duties, to  fix  the
compensation  and determine the powers and duties of acting officers and
to remove acting officers but not to remove any officer or to  fill  any
vacancy  on a permanent basis or to cause the organization to enter into
any contract of employment for a term of over one year.
(c) To cause the organization to change the location of its  principal
office,  pursuant  to  subdivision  one  hereof, or any of its places of
business, and to authorize such action as it  may  deem  appropriate  to
acquire  space  and  facilities at the new locations, but not to acquire
for use as its principal office property in fee or for a  term  of  over
one year.
(d)  To  postpone  any  meeting  of the stockholders, policyholders or
members or directors of such organization if, in  the  judgment  of  the
majority  of  the members of such emergency board of directors, it would
be impracticable to hold such meeting at the  time  it  would  otherwise
have been held or conducted.
(e)  If  it  shall  appear  to  an emergency board of directors that a
quorum of the board cannot be assembled within  a  reasonable  time,  to
call  a  meeting  of  the stockholders, policyholders, or members of the
organization to be held as soon  as  the  circumstances  may  reasonably
permit,  at a place to be designated by the emergency board of directors
within this state or a contiguous state, for  the  purpose  of  electing
directors  to fill vacancies on the board, but for no other purpose, and
to propose nominees for such election. Any such meeting of stockholders,
policyholders, or members shall be held upon notice given in  accordance
with  the charter of the organization and applicable law other than this
article.
4. As soon as practicable after each meeting of an emergency board  of
directors,   the   person   who   presided   thereat  shall  notify  the
superintendent in writing of the time and place of such meeting, of  the
manner in which notice thereof was given, of the persons present, and of
all actions taken at such meeting.
5.  No  person  prohibited  by  law  or  by  the charter of a domestic
organization from serving as a member of its board shall be eligible  to
serve  as an acting director except that no person shall be disqualified
to serve as an acting director by reason of his not being a stockholder,
policyholder or member of such organization, by reason of his not  being
a  resident  of this state or of a contiguous state, or by reason of the
number of the directors or acting directors  who  are  officers,  acting
officers  or  employees  of the organization. Any person may serve as an
acting director of a fund who is a director, acting director, officer or
acting officer of an organization which is  a  party  to  the  agreement
creating the fund. No oath of acting directors shall be required.
6. Acting directors elected pursuant to the provisions of this section
or  appointed  pursuant to the provisions of section ninety-nine of this
article shall be entitled to notice of and to vote at all meetings of an
emergency board of directors equally with  directors.  Acting  directors
shall  not  be  entitled to take part in the deliberations or to vote at
any meeting of the board which is duly convened in accordance  with  the
applicable  provisions of its charter and of law other than this article
and at which a quorum is present. Each acting director shall serve until
the director or acting  director  in  whose  place  he  was  elected  or
appointed  shall  attend  a  meeting of the board or until a director is

duly elected to fill the vacancy in which such acting director has  been
serving,  whichever  event  occurs  earlier. An acting director shall be
entitled to the compensation, if any, payable to a director.
7.  Acting  officers  elected pursuant to this section shall have such
powers and duties and receive such compensation as may from time to time
be determined by the board or emergency board of directors. Each  acting
officer  shall  serve  until  the  officer in whose place he was elected
shall appear and assume his duties or until  his  successor  officer  or
acting officer shall be elected, whichever event occurs earlier.
§  99. Powers of the superintendent. 1. If at any time during an acute
emergency, the number of directors or acting  directors  of  a  domestic
organization  who  are  capable  of acting shall be less than three, the
superintendent shall have  the  power  to  designate  additional  acting
directors  in such number as will bring to three the number of directors
and acting directors who are capable of acting.
2. To resolve controversy as to the power  of  any  group  of  persons
purporting  to  act  as  an  emergency board of directors so to act, the
superintendent shall, upon a determination that such action will tend to
promote the safe and sound and orderly conduct of the  business  of  any
domestic  organization,  have  power  to issue orders declaring that any
such group shall or shall not have the powers of an emergency  board  of
directors,  or confirming, modifying or vacating in whole or in part any
action taken or purportedly taken by any  such  group  or  removing  any
acting director.
3.  (a)  At any time after an attack, upon his determination that such
action will tend to promote certainty as to the powers of  organizations
or individuals pursuant to this article or that such action is desirable
to  enable  organizations  to  take preparatory precautions prior to the
occurrence of an acute emergency, the superintendent shall have power to
declare that any provision of this article which he may specify shall be
operative with respect to any domestic organization or to the  New  York
business  of  any  other organization which he may designate.  Upon such
declaration  such  organization  and  its  directors,  officers,  acting
directors  and  acting  officers shall have all powers conferred by such
provisions of this article. The failure  of  the  superintendent  so  to
declare  shall  not be deemed to limit the powers of any organization or
its directors, officers, acting directors or acting  officers  where  an
acute emergency exists in fact.
(b)  At any time after the commencement of an acute emergency or after
the superintendent shall have declared any  provision  of  this  article
operative  pursuant  to  paragraph  (a)  of  this  subdivision, upon his
determination that an organization is able, in  whole  or  in  part,  to
carry  on its business in compliance with its charter and the laws other
than this article, the superintendent shall have power to  declare  that
any  provision of this article which he may specify shall be inoperative
with respect to any domestic organization or to the New York business of
any other organization which he may designate.  Upon  such  declaration,
such organization shall be governed by its charter and the provisions of
law  other than this article, except insofar as other provisions of this
article remain operative.
4. Upon his determination that, as a result of an acute emergency, the
business and affairs of an organization cannot otherwise be conducted in
a  safe  and  sound  manner,  the  superintendent  may  forthwith   take
possession  of the business and property of the organization within this
state or, if a domestic organization its business and property  wherever
situated. The provisions of sections five hundred seventeen through five
hundred twenty-four, inclusive, of the insurance law shall be applicable
in  any  case  in  which  the  superintendent  takes  possession  of  an

organization pursuant to this subdivision  as  though  the  organization
were  an  insurer which the superintendent had taken possession pursuant
to sections five hundred twelve and five hundred sixteen  of  such  law,
except   that   no   such   provision  shall  be  applicable  which  the
superintendent  shall  have  declared  inapplicable  pursuant  to   this
subdivision. The superintendent shall have power to declare inapplicable
any such provision upon his determination that the same is inappropriate
or   unnecessary   to  protect  the  interests  of  the  public  or  the
stockholders or creditors of the organization,  in  view  of  the  acute
emergency and the nature of the organization.
5. The powers given the superintendent by subdivisions two and four of
this  section  shall be exercised by him only in the event that there is
no court of competent jurisdiction available to which an application can
be made for an order permitting him to exercise such powers with respect
to  a  particular  organization;  provided,  further,  that  the  powers
conferred  by  subdivision four shall not be exercised in the case of an
organization which is  not  insolvent  within  the  meaning  of  section
ninety-three  of the insurance law, unless the superintendent finds that
such organization lacks personnel able to manage  its  business  in  the
interests of the public, its stockholders and policyholders.
6.  The  superintendent shall have power to issue general and specific
regulations, directives and orders consistent with and in furtherance of
the purposes of this article.
§ 99-a. General provisions.  1. In any action or proceeding  it  shall
be  presumed  that an acute emergency existing within any city or county
within  the  state  constitutes  an  acute  emergency  affecting   every
organization doing business within such city or county.
2.  During an acute emergency (a) the board of a domestic organization
which has adopted emergency by-laws approved by the superintendent shall
have the powers conferred by such by-laws and,  except  as  provided  in
section  ninety-nine,  subdivision  three (a), shall, to the extent that
such by-laws relate to the subject matter contained in subdivisions  two
through  seven of section ninety-eight have no other or different powers
with respect to such subject matter, and (b) the  board  of  a  domestic
organization  which  has  not  adopted emergency by-laws approved by the
superintendent shall have all of the powers of  an  emergency  board  of
directors pursuant to section ninety-eight of this article.
ARTICLE 8
Violations and Penalties; Peace Officers
 
Section 100. Definitions.
101. Violations and penalties.
102. Jurisdiction of courts concerning violations.
103. Punishment for infractions.
104. Peace officers.
105. Powers of auxiliary police.
106. Powers  of  members  of municipal and volunteer agencies to
detain for misdemeanors or infractions.
§ 100. Definitions. As used in this article the following terms  shall
mean and include:
1.  "Exempt  person." A member of a municipal or volunteer agency or a
member of the armed forces and military services acting within the scope
and in the proper performance of his duties as such; a  clergyman  or  a
member  of  a  religious  order while engaged in duties for a recognized
church or religious organization; and such other class of persons as may
be exempted by regulation of the commission or the council.
2. "Person duly authorized." A member  of  a  municipal  or  volunteer
agency wearing or displaying a distinguishing brassard or other insignia
indicative of authority.
3.  "Peace  officer." An officer mentioned in subdivision thirty-three
of section 1.20 of the criminal procedure law and  such  other  officers
duly  authorized  pursuant  to  this act to act as peace officers during
attack or drill.
4. "Infraction." A violation of any law or duly promulgated regulation
or order (a) which is expressly declared to be  an  infraction  by  this
act,  or  (b) which is not expressly declared by this act to be either a
misdemeanor or an infraction but where a penalty or other punishment  is
prescribed  by this act. An infraction is not a crime and the penalty or
punishment imposed therefor shall not be deemed for any purpose a  penal
or  criminal  penalty or punishment, and shall not impose any disability
upon or affect or impair the credibility as a witness, or otherwise,  of
any person convicted thereof.
§  101.  Violations  and  penalties.  1. Any person who shall wilfully
violate or disobey any regulation or order concerning the  guarding  and
protection  of  water  supplies,  railroads,  public  utility  property,
bridges, docks, highways, landing fields,  airports,  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, shall be guilty
of a misdemeanor.
2. Any person who  shall  violate  or  disobey  any  duly  promulgated
regulation  or  order,  or  who  shall  wilfully  violate or disobey any
official order by a person duly authorized, concerning (a) the effective
screening  or  extinguishment  of  all  lights,  lighting  devices   and
appliances,  or  (b)  the  conduct  of  civilians  and  the movement and
cessation of pedestrian and vehicular  traffic  shall  be  guilty  of  a
misdemeanor.
3. Any person who shall without authority wear or display any official
brassard  or  insignia  indicative  of  membership  in  a  municipal  or
volunteer agency shall be guilty of a misdemeanor.
4. Except for the purpose of any authorized test or drill, any  person
who  shall wilfully utter any false air raid alarm, signal or warning or
who shall wilfully simulate any official air raid signal or  warning  or
who  shall  wilfully  break,  injure or remove any mechanical warning or
signal devices used therefor, shall be guilty of a felony.
5. Any person who shall wilfully violate or disobey any regulation  or
order  duly  promulgated pursuant to this act, for which a person is not
declared to be guilty of either a misdemeanor or an infraction  by  this
act shall be guilty of an infraction.
6. The provisions of this section shall not apply to exempt persons to
the  extent  prescribed  by  regulation  or  order  of  the  council  or
commission.
§ 102. Jurisdiction of courts concerning violations. Courts of special
sessions outside of the city of New York and the criminal court  in  the
city   of  New  York,  in  the  first  instance,  shall  have  exclusive
jurisdiction to hear and determine charges  of  violations  constituting
misdemeanors or infractions under this act or under any rule, regulation
or  order  duly  promulgated  pursuant to this act, committed within the
territorial jurisdiction of such courts. Such exclusive jurisdiction  in
the case of misdemeanors shall be subject to removal to another court or
to  divestment  on account of indictment or otherwise in the same manner
and to the same extent as is now or may hereafter  be  provided  by  law

with  respect  to  charges  of misdemeanors generally in such respective
courts.
§  103.  Punishment  for  infractions.  Any  person  convicted  of  an
infraction as defined by this act shall be punished by  a  fine  of  not
more  than  twenty-five  dollars  or five days in jail or both. All such
fines for infractions committed in a city shall be the property of  such
city  and  shall be credited to the general fund thereof; all such fines
for infractions committed in a town or village shall be the property  of
such   town  or  village  in  accordance  with  section  twenty  hundred
twenty-one of the uniform justice court act.
§ 104. Peace officers. A peace officer shall have the powers set forth
in section 2.20 of the criminal procedure law.
§ 105. Powers of auxiliary police.  The local legislative body of  any
county,  town, city or village may by resolution confer or authorize the
conferring upon members of the auxiliary  police  the  powers  of  peace
officers,  subject  to  such restrictions as such body shall impose, and
subject to the provisions of subdivision twenty-six of section 2.10  and
section 2.20 of the criminal procedure law.
§ 106. Powers of members of municipal and volunteer agencies to detain
for  misdemeanors  or  infractions.    Any  person  who is a member of a
municipal or volunteer agency, in the course of his  duty  as  such  and
while  wearing or displaying a distinguishing brassard or other insignia
indicative of authority, may stop and detain any person on account of  a
misdemeanor  or  infraction  committed by such person in the presence of
such member, and may forthwith turn him over to a peace officer who  may
arrest  him  without a warrant on the charge of committing the violation
constituting the misdemeanor or infraction.
ARTICLE 9
Miscellaneous Provisions; Construction and Duration of Act
 
Section 110. Additional powers and duties.
111. Powers of the governor  and  the  military  forces  of  the
state.
112. Eligibility for appointment.
113. Immunity from liability.
114. Judicial notice of plans, regulations and orders.
115. Acceptance of gifts, grants and loans.
116. Renewal of licenses of members of armed forces.
117. Authorization  to  act  as issuing agents for United States
obligations.
118. Unlawful possession and use  of  identification  cards  and
badges.
119. Repealer; continuity of commission and local offices.
120. Separability clause.
122. When to take effect.
§  110.  Additional  powers  and  duties. Powers and duties granted or
imposed by this act shall be deemed to be  in  addition  to  powers  and
duties granted or imposed by any other law.
§  111.  Powers  of the governor and the military forces of the state.
No provision of this act shall be construed or interpreted as expressing
a limitation directly or indirectly of the power of the governor  or  of
the  military  forces  of  the  state  to  effectuate  any or all of the
purposes of this act or to  execute  the  powers  and  duties  otherwise
vested in either of them. To the extent necessary for the implementation
or  coordination  of any such powers or duties, the governor may execute
or require or provide for the execution of any of the powers, granted by
this act to any agency or officer, in such manner as he deems  necessary
or proper.
§ 112. Eligibility for appointment.  No person shall be ineligible for
any  appointment made under or pursuant to this act because he holds any
other public office, employment, or trust, nor shall any person be  made
ineligible  to  or forfeit his right to any public office, employment or
trust  by  reason of such an appointment under this act, notwithstanding
any inconsistent provision of law.
§  113.  Immunity  from  liability.  1.  The  state,   any   political
subdivision,  municipal or volunteer agency, or another state or a civil
defense force thereof or of the federal government or of another country
or province or subdivision thereof, performing civil defense services in
this state pursuant to an arrangement, agreement or compact  for  mutual
aid  and  assistance,  or any agency, member, agent or representative of
any of them, or any individual, partnership,  corporation,  association,
trustee,  receiver  or any of the agents thereof, in good faith carrying
out, complying with or attempting to comply  with  any  law,  any  rule,
regulation or order duly promulgated or issued pursuant to this act, any
federal law, or any arrangement, agreement or compact for mutual aid and
assistance or any order issued by federal or state military authorities,
relating  to  civil  defense,  including  but  not limited to activities
pursuant thereto, in preparation for anticipated attack, during  attack,
or  following  attack or false warning thereof, or in connection with an
authorized drill or test, shall not be liable for any injury or death to
persons or damage to property as the result thereof.
1-a.  The  state,  any  political  subdivision,  or  any   individual,
partnership,  corporation, association, trustee, receiver, or any agent,
agency, representative, officer or employee of any of them, who or which
owns, maintains, occupies, operates or  controls  all  or  part  of  any
building,  structure  or  premises shall not be liable for any injury or
death sustained by any person or damage caused to any property (a) while
such person or property is in such building, structure or  premises,  or
part  thereof,  for  shelter  purposes  during an attack, drill, test or
false warning thereof  or  is  entering  therein  or  thereon  for  such
purposes or departing therefrom thereafter, and (b) as the result of any
condition  in  or  on  such  building,  structure  or  premises, or part
thereof, or of any act or omission with respect thereto, except a wilful
act intended to cause injury or damage.
2. The provisions of this section shall not affect the  right  of  any
person  to  receive  benefits  to  which  he  may  be entitled under the
workers'  compensation  law,  volunteer   firefighters'   benefit   law,
volunteer ambulance workers' benefit law, any pension law or the general
municipal  law,  nor  the right of any person to receive any benefits or
compensation under any act of congress or under any law of this state.
3. The provisions of section seventy-one of the general municipal  law
shall  be  inoperative  and  shall  not  apply  with respect to property
destroyed or injured by mobs or riots.
§ 114. Judicial notice of plans, regulations and orders. 1. All courts
shall take judicial notice of all plans, regulations and orders  adopted
pursuant to this act and promulgated pursuant to law.
2.  Such  a  plan, regulation or order may be read in evidence, at any
time, from a copy thereof, if there is contained on the same page or  in
the  same  publication  in  which  such  copy  is  contained,  a printed
certificate of the secretary of state or of the clerk of  the  political
subdivision  that  such  copy is a correct transcript of the text of the
original thereof.
§ 115. Acceptance of gifts, grants and loans. 1. Whenever  the  United
States,  or  any  agency  or  officer  thereof,  or  any person, firm or
corporation, shall offer to the state or to  any  political  subdivision
thereof,  services,  materials, facilities or funds for civil defense or

to aid the defense effort, the state, acting through the director of the
budget,  or  such  political  subdivision,  acting  through  its   chief
executive officer or governing body, may accept such offer and upon such
acceptance  the  director  of  the  budget  of  the  state  or the chief
executive of such political subdivision may authorize any officer of the
state or political subdivision, as the case  may  be,  to  receive  such
services,  materials, facilities or funds on behalf of the state or such
political subdivision, subject to the terms of  the  offer  and  to  the
rules  and  regulations,  if  any, of the offeror. In the event that any
federal law provides that any such services,  materials,  facilities  or
funds  shall be made available to political subdivisions subject to some
action by a state officer or agency, the director of  the  budget  shall
have  the  power  to  take  such  action  or to designate an appropriate
officer or agency of the state to do so.
2. Where an offer of services,  materials,  facilities  or  funds  for
civil  defense  or  to  aid the defense effort, is made to the state and
where a political subdivision of the state,  acting  through  its  chief
executive officer or governing body, agrees to assume the obligations of
and comply with the terms of the offer and the rules and regulations, if
any,  of  the  offeror, the director of the budget may accept such offer
and, if consistent therewith, (a) make or agree  to  make  the  services
available  to  such  political  subdivision,  (b)  authorize or agree to
authorize the acquisition of the materials  or  facilities  pursuant  to
section  twenty-three-c  of this act, on behalf of and for conveyance to
such political subdivision, or (c)  approve  or  agree  to  approve  the
transfer  or  payment  of  the  funds  to or on behalf of such political
subdivision.
§ 116. Renewal of licenses of members of armed forces. 1. As  used  in
this section the following terms shall mean and include:
a.  "Military service." Service as a member of the armed forces of the
United States.
b. "Licensee." The holder of a license.
c. "License." An original certificate or other document  first  issued
to  a licensee entitling him to practice the profession or engage in the
business, work or activity specified therein.
d. "Renewal license." Any renewal or reissuance of a  license  or  any
certificate  of  annual or periodic registration or re-registration of a
licensee required by or pursuant  to  law  to  permit  him  lawfully  to
continue  to  practice the profession or engage in the business, work or
activity specified in the license.
e.  "Expired."  Normal  expiration,  or   annulment,   suspension   or
revocation  solely  because  of  failure  of  a  licensee to apply for a
renewal license within the time prescribed therefor.
2.  Any  person  who  was  in  military  service  on  or  after   June
twenty-fifth,  nineteen  hundred  fifty,  or  who  thereafter shall have
entered military service, and who at the time of entry into such service
is a licensee, may, within three months after the  termination  of  such
military  service by honorable discharge or by release from such service
under honorable circumstances, apply for and be entitled  to  a  renewal
license  without  any examination, re-examination, fine or penalty which
would not have been required or imposed if timely application  for  such
renewal  license  had  been  made.  The  officer,  board  or  department
empowered by law to issue such renewal license is hereby  authorized  to
issue  the  same  without examination, re-examination or the exaction of
any fine or penalty. The issuance of such renewal license shall  in  all
other respects be subject to the provisions of law relating thereto.
3.  Notwithstanding  any  other  provision of law, a license to drive,
issued pursuant to the provisions of article nineteen of the vehicle and

traffic law, which would expire prior to either of the dates  set  forth
in  this  subdivision,  of  any person who was in military service on or
after June twenty-fifth, nineteen hundred fifty, or who thereafter shall
have  entered  military service, shall expire six months from either the
expiration date of this act or the  holder's  separation  from  service,
whichever   occurs   first.   Notwithstanding  the  provisions  of  this
subdivision, the commissioner of motor vehicles may refuse to renew  the
expired  driver's  license  of  any  person who has failed to notify the
commissioner of his entry into military service.
§ 117. Authorization to  act  as  issuing  agents  for  United  States
obligations. Notwithstanding the provisions of any law, all individuals,
partnerships,  associations  or  corporations  organized,  operating, or
doing business under the laws of this state are hereby authorized,  upon
designation  by  and qualification with the secretary of the treasury of
the United States or under his authority, to act as issuing  agents  for
the sale and issue of obligations of the United States.
§  118. Unlawful possession and use of identification cards and badges
1. As used in this section the following terms shall mean and include:
(a) "Identification card." Any card or pass issued for the purpose  of
establishing  the identity of any person and the right of such person to
be in or on any premises described in this section.
(b) "Identification badge." Any badge of metal or  other  composition,
to be worn by any person for the purpose of establishing his identity or
right to be in or on any premises described in this section.
2.  Any person to whom there has been issued an identification card or
identification badge by any agency of the  state  or  of  any  political
subdivision  thereof or by any corporation, firm or individual operating
any  factory,  warehouse,  storage  house,  manufacturing,  printing  or
publishing establishment, mechanical or mercantile establishment, or any
plant  of  any  kind,  or  any mine, colliery or quarry, or any electric
railway, steam railway,  water,  sewage,  gas,  electric  light,  power,
transmission,  heating,  refrigerating,  telephone,  telegraph  or other
public service property in this state, in which or upon which any person
is required to have a  special  identification  card  or  identification
badge  before  entering  therein  or  thereon as an employee or visitor,
shall, upon the termination of his or her employment or  the  expiration
of  the  time  limits  of an authorized visit, immediately surrender the
same to the issuer thereof, and it shall be unlawful for any  person  to
possess  or  use  any  such  identification card or identification badge
after the termination of such employment or the expiration of  the  time
limits of an authorized visit.
3.  Any  person finding or coming into possession of an identification
card or identification badge, except through authorized issuance,  shall
immediately  surrender  the  same to any peace officer or the officer in
charge of the nearest police station.
4. Any person who wilfully violates any  of  the  provisions  of  this
section  shall be guilty of a misdemeanor and upon conviction thereof be
punished by imprisonment of not more than ten days or a fine of not more
than fifty dollars, or both.
§ 119. Repealer; continuity of commission and local  offices.  Article
sixteen  of the executive law, as added by chapter six hundred ninety of
the laws of nineteen hundred fifty, is hereby repealed.  The  commission
and  all  local  offices  established pursuant to this act and all local
offices in existence on the date  this  act  shall  take  effect  shall,
subject  to  the  provisions of this act, be deemed continuations of the
state civil defense commission and local offices established pursuant to
such former article sixteen of the executive law and such commission and
local offices are hereby continued. All appropriations  and  allocations

heretofore  made available to the state civil defense commission and all
appropriations heretofore made by any political subdivision pursuant  to
such  article  sixteen  are  hereby made available hereunder. All plans,
regulations,  orders,  and  other actions taken and obligations incurred
pursuant to such article shall continue with full force  and  effect  as
plans, regulations, orders, actions and obligations hereunder.
§  120.  Separability  clause.    If  any clause, sentence, paragraph,
section or part of this act shall be adjudged by any court of  competent
jurisdiction  to  be  invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, section  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
§ 122. When to take effect. This act shall take effect immediately.