New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 3 - Executive Orders (Hugh L. Carey) › Section 3.95 - Executive Order No. 95: Declaring a disaster emergency in regard to bus transportation at the Lake Placid XIII Winter Olympic Games

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, I have been informed that there has been a failure
					 to supply sufficient bus transportation necessary to provide transportation
					 services within the area of the Lake Placid XIII Winter Olympic Games and
					 necessary to insure the orderly conduct of the games and the health and safety
					 of the thousands of visitors and spectators to the Lake Placid area; and
WHEREAS, Such failure has resulted in extensive delays in
					 transporting such visitors and spectators, many of whom are young children or
					 elderly, to and from Olympic events, causing them to be exposed to extremely
					 cold and bitter winter temperatures for dangerously long periods of time;
					 and
WHEREAS, Such failure has endangered the health and safety
					 of the visitors and spectators at the Lake Placid XIII Winter Olympic
					 Games;
NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of
					 New York, do hereby find that a disaster has occurred or may be imminent for
					 which local governments are unable to respond adequately, and therefore, I
					 hereby declare, by virtue of the authority vested in me by the Constitution,
					 the Laws of New York State and article 2-B of the Executive Law, a disaster
					 emergency within the area of the Lake Placid XIII Winter Olympic Games and
					 facilities used in connection therewith, and I direct the Commissioner of
					 Transportation, in coordination with any other State or local agency or private
					 firms or individuals he deems necessary, to exercise all necessary functions,
					 powers and duties in order to preserve the health and safety of the visitors
					 and spectators at the Lake Placid XIII Winter Olympic Games, with regard to
					 arranging for and providing the transportation by bus of such visitors and
					 spectators within the area of the Lake Placid XIII Winter Olympic Games and
					 facilities used in connection therewith.
Also, pursuant to the authority vested in me by article 2-B
					 of the Executive Law to temporarily suspend specific provisions of any statute,
					 local law, ordinance, orders, rules or regulations, or parts thereof, of any
					 agency during a State disaster emergency, if compliance with such provisions
					 would prevent, hinder or delay action necessary to cope with the disaster, I
					 hereby temporarily suspend, for the period from the date of this Executive
					 Order through March 1, 1980, so that the Commissioner of Transportation in
					 coordination with any other State or local agency may enter into lease
					 arrangements with the various school districts within the State and with
					 private firms or individuals, on terms he deems necessary and appropriate, to
					 supply the necessary buses and drivers to transport visitors and spectators at
					 the Lake Placid XIII Winter Olympic Games at Lake Placid, New York, for the
					 period of such Lake Placid XIII Winter Olympic Games within the area of the
					 Lake Placid XIII Winter Olympic Games and facilities used in connection
					 therewith, the following laws:
Section 174  of the State Finance Law, so far as it relates
					 to the letting of a contract by a New York State agency or agencies, to the
					 lowest responsible bidder, for services to be performed or materials, equipment
					 and supplies to be supplied, and in this specific case for the furnishing of
					 buses and driver services to transport visitors and spectators within the area
					 of the Lake Placid XIII Winter Olympic Games and facilities used in connection
					 therewith;
Section 142, subdivision 17,  of the Transportation Law, so
					 far as it relates to the requirement that motor vehicles operated by bus
					 companies pursuant to a certificate of convenience and necessity must be
					 inspected, and have a certificate of convenience and necessity, and only as it
					 relates to those buses under lease with any State agency or agencies to
					 transport visitors and spectators within the area of the Lake Placid XIII
					 Winter Olympic Games and facilities used in connection therewith for the period
					 of the lease;
Section 211  of the Transportation Law, so far as it relates
					 to the permissible maximum number of hours on duty of a driver of a motor bus,
					 and more specifically as it relates to those drivers operating the buses under
					 lease with any State agency or agencies to cover the period of the Lake Placid
					 XIII Winter Olympic Games transporting visitors and spectators within the area
					 of the Lake Placid XIII Winter Olympic Games and facilities used in connection
					 therewith;
Section 1709, subdivision 25, paragraphs b and c of the
					 Education Law, which authorize a school district or board of cooperative
					 educational services to lease buses, when not needed for educational purposes,
					 to another school district or an Indian tribe or others, and section 1502  of
					 the Education Law, which authorizes the board of education of any school
					 district to lease school buses to any senior citizens center or organization or
					 to any nonprofit incorporated organization serving senior citizens or
					 physically or mentally handicapped, so far as these various sections deprive
					 the school district of the authority to lease such school buses not needed for
					 educational purposes to any State agency or agencies only for the period of the
					 Lake Placid XIII Winter Olympic Games and only for the purpose of transporting
					 visitors and spectators within the area of the Lake Placid XIII Winter Olympic
					 Games and facilities used in connection therewith.
In addition, I hereby temporarily suspend, for the period
					 from the date of this Executive Order through March 1, 1980, any statute, local
					 law, ordinance, orders, rules or regulations, or parts thereof, of any agency
					 if compliance with such provisions would prevent, hinder or delay action
					 necessary to cope with the disaster.
Such declaration of disaster emergency shall remain in
					 effect from the date hereof until March 1, 1980.
Signed: Hugh L. Carey
Dated: February 16, 1980