NY-DEA Defense Emergency Act 1951 784/51 NY

Section 1. Short title. This act shall be known and may be cited and

referred to as the "New York state defense emergency act."

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.

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.

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.

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.

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.

State defense council established. There is hereby created and

established a temporary state commission to be known as the New York

state defense council.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The superintendent of financial services. 1. During a period of

acute emergency affecting any area within this state, the superintendent

shall have power to call meetings of the superintendent of financial

services created by section thirteen of the banking law upon such period

of notice as he may deem appropriate in view of the condition of acute

emergency and the urgency of the business to be transacted at such

meeting. The superintendent shall give notice of such meeting by making

such reasonable efforts as in his judgment circumstances may permit to

notify each member of the superintendent of financial services of the

time and place of such meeting. Failure of any member of the

superintendent of financial services to receive actual notice of such a

meeting shall not affect the power of the members present thereat or the

superintendent to act as prescribed in subdivision two of this section.

2. At any meeting of the superintendent of financial services convened

during a period of acute emergency affecting any area within this state,

the members present, if three or more in number, may, by the vote of a

majority of such members present, take any action which the

superintendent of financial services is empowered to take pursuant to

the banking law. If less than three members shall appear pursuant to

notice given by the superintendent in accordance with subdivision one of

this section, the superintendent may by general or specific regulation,

directive or order, take any action which the superintendent of

financial services is empowered to take pursuant to the banking law.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Peace officers. A peace officer shall have the powers set forth

in section 2.20 of the criminal procedure law.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

When to take effect. This act shall take effect immediately.