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New York Defense Emergency Act 1951 784/51

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    8. Establish,  staff  and  operate  such  observation  posts,  warning
  centers and similar facilities as may be required by the commission.
    9.  Conduct  tests  and drills necessary to train civil defense forces
  and to acquaint the public with civil defense procedures.
    10. Establish such communication systems as are necessary  for  prompt
  and effective transmission of orders and information.
    11.  Recruit  and  train  physicians,  nurses  and  auxiliary  medical
  personnel to provide medical care during and subsequent to attack.
    12.  Establish  emergency  facilities  to  increase  the  capacity  of
  existing hospitals within such city or county.
    l3.  Organize,  staff  and equip all medical laboratories as emergency
  blood procurement centers.
    14. Assign, recruit and organize all publicly owned  construction  and
  health   service   equipment   and   publicly   employed   construction,
  radiological, health service and sanitation personnel into public works,
  public utility, monitoring, decontamination, rescue and  health  service
  teams.
    15.  Identify,  locate  and  plan  for integration with such teams all
  privately owned construction and health service equipment,  all  trained
  construction,  radiological, health service and sanitation personnel and
  all public utility installation and maintenance personnel.
    l6. Assign, and  equip  publicly  owned  vehicles  for  civil  defense
  purposes.
    17.  Survey  all  housing  facilities to determine maximum capacity to
  receive homeless persons and evacuees.
    C. Continuity of Government.
    18. Recruit, train and equip radiological  control  center  personnel,
  decontamination  specialists  and radiological monitors and maintain the
  necessary supporting staff, materials and facilities.
    19. Provide protected emergency operating centers for the continuation
  of local government operations during and subsequent to an attack.
    20.  Provide,  in  accordance   with   the   provisions   of   section
  twenty-nine-a  of this act, for the continuity of political subdivisions
  during and subsequent to an attack by
    (a)  establishing  lines  of  succession  of  elected  and   appointed
  officers, and
    (b)  modifying  the  quorum  requirements  of legislative or governing
  bodies to permit the continuance  of  official  action  under  emergency
  conditions.
    21. Make provision for the storage of essential governmental records.
    D. Public Order.
    22.  Recruit,  equip  and  train  auxiliary  police  or special deputy
  sheriffs in sufficient number to maintain order and control  traffic  in
  the  event  of  an attack and to perform such other police and emergency
  civil defense functions as may be  required  during  and  subsequent  to
  attack.
    23.  Control  pedestrian and vehicular traffic during tests and drills
  and during and subsequent to attack.
    24.  Recruit,  equip  and  train  either  directly  or  through  other
  political  subdivisions  of  the  state  auxiliary firemen in sufficient
  numbers to permit the most effective utilization of all  fire  apparatus
  and  to  perform  such  other  fire fighting and emergency civil defense
  functions as may be required during and subsequent to attack.
    E. Recovery and Rehabilitation.
    25. Provide means and methods for the recovery and  rehabilitation  of
  such city or county following an attack.
    26.  Recruit,  train  and equip an organization to care for persons in
  need of defense emergency aid as a result of attack.

    § 23-a. Authority of political subdivisions to provide facilities  and
  materials essential to public safety.  Each political subdivision of the
  state,  the board of higher education in the city of New York, and, with
  respect to property located in the state of New York, the  port  of  New
  York  authority  and the waterfront commission of New York harbor, shall
  have power:
    a. To acquire, construct, install  and  maintain  shelters,  including
  fallout  shelters,  and  other  civil defense facilities and to acquire,
  store and maintain materials, such shelters,  facilities  and  materials
  being  for  the  protection,  safety  and  health  of students, faculty,
  administrative staff, employees and  the  public  at  large  during  and
  subsequent to attack, provided
    i.  such  acquisition,  construction,  installation,  maintenance  and
  storage is not inconsistent with the plan, regulations or orders of  the
  commission  or  with  the  applicable local plan promulgated pursuant to
  subdivision one of section twenty-three of this act; and
    ii. such  acquisition,  construction,  installation,  maintenance  and
  storage  is  effected by contract, let in the manner provided by law, by
  employees of such political subdivision, board, authority or commission,
  by agreement for the effectuation thereof by the owner of the  building,
  structure  or real property to be used in connection therewith or in any
  manner authorized by other provisions of law.
    b. To utilize any publicly owned building, structure, real property or
  personal property in connection  with  such  acquisition,  construction,
  installation,   maintenance   and  storage  with  the  approval  of  the
  appropriate officer or agency having control thereof,  subject  to  such
  terms and conditions as may be agreed to by such officer or agency.
    c.  To  acquire  in  connection  with  such acquisition, construction,
  installation, maintenance and storage any real or personal property,  or
  any  interest  therein,  or  the  right  to use the same for a temporary
  period by purchase, lease or other agreement with the owner  thereof  or
  by authorization to use without consideration. Nothing contained in this
  section  shall  limit  the  power  of such political subdivision, board,
  authority or commission to condemn or otherwise acquire real or personal
  property for such purposes under other provisions of law.
    § 23-b. State civil defense aid for counties and cities. 1. Subject to
  the conditions  prescribed  in  this  section,  counties,  except  those
  contained  in  the  city  of  New  York, and cities shall be eligible to
  receive state civil defense aid for expenditures made  pursuant  to  the
  provisions  of  section  twenty-three-a of this act for the acquisition,
  construction and installation of protected emergency operating centers.
    2. To the extent that the federal government shall provide aid for  at
  least  one-half  of  such  expenditures,  state  civil defense aid in an
  amount equal to one-half of the difference between such expenditures and
  such federal aid shall be paid to such  counties  and  cities,  provided
  that  such  expenditures shall have been made with the prior approval of
  the state comptroller and the commission and in accordance with  section
  twenty-three-a of this act.
    3.  Claims for such state aid shall be certified by the local director
  and submitted to the state director on such dates, with such information
  and in such form as he may prescribe. Such state aid shall be paid  upon
  such claims as are approved by the state director and after audit by and
  on warrant of the state comptroller.
    4.  Where  the  county  or  city  has  issued  obligations pursuant to
  paragraph (a) of subdivision two of section twenty-nine of this act  for
  the  acquisition,  construction  and installation of protected emergency
  operating centers, state civil defense aid  received  pursuant  to  this

  section shall be applied to the payment of the interest on and principal
  of any such obligations as may be outstanding.
    5.  Subject  to the provisions of paragraph u. of subdivision three of
  section twenty-one and section one hundred  fifteen  of  this  act,  the
  department  of  taxation and finance shall have power to receive any and
  all moneys made available by the federal government for such aid or  for
  other  civil  defense or defense effort purposes. The moneys so received
  shall be deposited by the  department  of  taxation  and  finance  in  a
  special  fund  or  funds  and  shall  be  paid  out or used by the state
  exclusively for the purposes and subject to  the  terms  and  conditions
  specified  by the appropriate federal officer or agency. Moneys shall be
  paid out from such fund or funds in the same manner as is applicable  to
  the payment out of state moneys.
    6.  In  addition to any moneys appropriated or made available therefor
  and in the event of the necessity therefor in order to defend the people
  of the state, the state comptroller shall have power to issue  notes  to
  pay  the  costs incurred by the state for the acquisition, construction,
  installation,  storage  and  maintenance  of  facilities  and  materials
  essential for shelter use and the safety and health of the people in the
  event  of  attack  and  for  the  payment  of state civil defense aid to
  counties and cities pursuant to  this  section.  Each  such  note  shall
  mature  within  a  period  of  not  to exceed two years from the date of
  original issue thereof, but may contain provision  for  payment  thereof
  within  such  two  year period. Unless the legislature shall provide for
  the issuance of bonds to redeem such notes, such notes shall be paid not
  later than their respective maturity dates. The comptroller shall report
  to the legislature at the opening of its next regular  or  extraordinary
  session all action taken by him pursuant to this subdivision.
    §  23-c. Purchase of civil defense resources, materials and facilities
  through  the  federal  government.    Notwithstanding  any  inconsistent
  provision  of  law,  with the approval of the director of the budget and
  the commission, the state commissioner of general services, on behalf of
  the commission or of a political subdivision, may contract  to  purchase
  resources,  materials  and  facilities  for  civil  defense  through any
  federal agency authorized to so purchase on their behalf; provided, that
  no purchase may be made on behalf of a political  subdivision,  pursuant
  to the authority here granted, unless such political subdivision accepts
  sole responsibility for any liability arising pursuant to such contract,
  and  for  the  payment  of  all  moneys  due or which may become payable
  pursuant thereto. For  the  purpose  of  this  section,  each  political
  subdivision   is  hereby  empowered,  notwithstanding  any  inconsistent
  provision of law, to purchase resources, materials  and  facilities  for
  civil defense pursuant to this section.
    §  23-d.  Taking  necessary  steps  for  continuing  the  operation of
  essential railroads. If cessation of  operation  of  a  railroad,  whose
  continued  operation  is essential in order that it will be available as
  an operating transportation facility for materials and otherwise, in the
  interest of the public safety and security and the health of the  people
  in  the  event  of  attack,  has occurred or is impending, such railroad
  being in receivership by order of a  court  having  jurisdiction  of  an
  action  or  proceeding  in  which receivers have been appointed for such
  railroad, the state civil defense  commission  may  take  all  necessary
  steps for the continued operation of such railroad, and for such purpose
  the commission shall employ the moneys appropriated to it by this act.
    §  24.  Special  provisions  relating  to  cities  of over one hundred
  thousand. In addition to the requirements  of  sections  twenty-two  and
  twenty-three  every  city  having  a population of over hundred thousand
  shall:

    1. Recruit, train and equip shelter captains in  a  ratio  based  upon
  maximum  shelter occupancies available in the city to be approved by the
  commission as consistent with reasonable requirements for the safety and
  welfare of shelter occupants.
    2. Organize and train an emergency mortuary service capable of dealing
  effectively with conditions probable in the event of attack.
    3.  Designate,  prepare  and  integrate  emergency medical facilities,
  including supply depots,  emergency  hospitals,  clearing  stations  and
  mobile  medical  units  and recruit and train the medical staff required
  for each such facility.
    4. Install, maintain and operate a public warning  system  capable  of
  disseminating  quickly  throughout such city warnings established by the
  commission.
    § 25. Powers in event of attack. 1. Notwithstanding any other law,  in
  the  event  of  attack within the state or a state with which this state
  has a mutual aid compact for civil defense, to the extent  it  deems  it
  necessary  or  proper, the commission may: (a) assume direct operational
  control of any or all civil defense forces; (b) order,  direct,  require
  and use the personnel, materials, facilities and services of any agency,
  public  officer,  or  political  subdivision  of  the state, or any part
  thereof, at any place within the state  where  in  the  opinion  of  the
  commission  they  are needed to effect the purposes of this article; (c)
  with the approval of the governor, order, direct, require and  use  such
  personnel,  materials,  facilities  and  services  without  the state to
  implement any mutual aid arrangement, agreement or  compact;  (d)  take,
  use  or  destroy  any and all real or personal property, or any interest
  therein, necessary or proper for the  purposes  of  civil  defense;  (e)
  execute  any or all of the civil defense powers and duties of any county
  or city after notifying the chief executive officer of  such  county  or
  city if such notification is possible.
    2.  Notwithstanding  any  other law, subject to the plans, regulations
  and orders of the council and commission: (a) in  the  event  of  or  in
  anticipation  of  attack  within  such county or city or so near thereto
  that it jeopardizes the safety or health of the people thereof or within
  a county or city with which it has agreements or arrangements for mutual
  aid, a county or city may provide for and compel the evacuation  of  any
  person  if  such  person has no home or if the continued use of his home
  jeopardizes his own safety or that of others; (b) in the event  of  such
  attack  such  county  or city shall control all pedestrian and vehicular
  traffic,  transportation  and  communication   facilities   and   public
  utilities;  provide  medical treatment, food, clothing, shelter and care
  for the injured and needy; provide for public safety and the  protection
  and  conservation  of  property;  provide  for  the  identification  and
  disposition of the dead; and provide for the  restoration  of  essential
  services  and  facilities;  (c)  in  the event of such attack and to the
  extent necessary to perform such functions, and  as  authorized  by  the
  council  or  commission,  it  may  take, use or destroy real or personal
  property and impress persons into service for the  performance  of  such
  work.
    3.  The  taking  of private property pursuant to this section by or at
  the express order of the commission, whether for temporary or  permanent
  use  or  for  destruction,  shall be in the name of and payment shall be
  made by the state. An appropriate record, in the form prescribed by  the
  commission,  shall  be  kept  and  a  copy  thereof  furnished, whenever
  possible, to the owner from whom the property is taken. Each such  owner
  shall  be  entitled  to  just compensation for the taking and may file a
  claim, to be designated as an "emergency claim," pursuant to  the  court
  of  claims  act,  against the state for such compensation. To the extent

  necessary to expedite the hearing, determination  and  payment  of  such
  claims, the governor shall appoint, as emergency claims referees, one or
  more  qualified attorneys admitted to practice before the courts of this
  state.  Such  referees  shall be paid out of funds appropriated for such
  purpose at a rate to be fixed by the governor within the amount  of  the
  appropriation or allocation therefor.
    When  an  emergency claim has been filed with the court of claims, the
  presiding judge forthwith may refer it to an emergency  claims  referee.
  The  referee  forthwith  and  on  notice  to  the  claimant  and  to the
  attorney-general shall  set  a  date  and  place  for  the  hearing  and
  determination  of  the  claim. The referee shall have all the powers now
  vested in the court of claims, or in a judge thereof, in the hearing and
  determination of the claim. His determination shall be  in  writing  and
  shall  be  made  within  thirty  days  after the hearing shall have been
  closed. It shall be filed forthwith in the office of the  clerk  of  the
  court  of  claims  and  shall  be  entered  in the official records as a
  judgment or order of that court. Any claimant or the  state  shall  have
  the right to appeal, as now provided by law, from such determination and
  judgment.  The  provisions  of  the court of claims act, with respect to
  real property taken by appropriation, shall apply to the taking of  real
  property pursuant to this section so far as practicable.
    The  procedure  herein  provided  shall not be deemed exclusive and no
  claim shall be  required  to  be  filed,  heard  and  determined  as  an
  "emergency  claim"  if  the  claimant  elects  to  proceed  as otherwise
  provided by the court of claims act.
    Such court or referee may defer action on any emergency claim pursuant
  to this section pending  consideration  by  the  federal  civil  defense
  administrator  or  any agency of the federal government of a claim based
  on the same taking. The award by such court or referee shall  take  into
  consideration  any  moneys  that  may  be  made available by the federal
  government with respect to such taking.
    4. Except as provided in subdivision three of this section, the taking
  of private property by a county or city pursuant to this  section  shall
  be  in  the  name  of such county or city. An appropriate record, in the
  form prescribed by the commission, shall be  kept  and  a  copy  thereof
  furnished,  whenever  possible,  to  the owner from whom the property is
  taken. Such county or city shall make just  compensation  to  the  owner
  thereof  in  the  manner  provided  by  law  for  the  determination  of
  compensation to be paid for the taking of real property by  such  county
  or city.
    § 25-a. Defense emergency aid. 1. As used in this section:
    (a)  "Defense  emergency aid" shall mean food, shelter, clothing, care
  or treatment furnished pursuant to the provisions of this section.
    (b)  "Local  social  services  official"   shall   mean   the   county
  commissioner of social services, a city commissioner of social services,
  a  town  social  services  or service officer or city social services or
  service officer who in a particular case would be authorized to  make  a
  grant of home relief.
    2.  In  the  event  of attack and pursuant to rules promulgated by the
  commission, each local social services official shall, out of any  funds
  available  therefor,  including  funds  made  available for home relief,
  furnish defense emergency aid  to  persons  residing  or  found  in  his
  territory  and  in  need thereof because of such attack. Such aid may be
  furnished wholly or partially by cash, order or in kind.
    3. Local social services officials in performing  their  duties  under
  this  section,  shall cooperate with each other and seek the cooperation
  of all local and volunteer agencies and coordinate  their  efforts  with
  the activities of other agencies, public and private, concerned with the

  health  and  welfare  of persons under their jurisdiction, in order that
  there may be no duplication of effort and that  the  work  of  agencies,
  both  public  and  private,  may  be  united in an effort to relieve the
  distress caused by an attack.
    4.  A  county, town or city may finance the local share of the cost of
  furnishing defense emergency aid by the issuance of obligations pursuant
  to the local finance law, from the proceeds of  taxes  raised  for  such
  purpose  or  from  any  funds  available thereof. The period of probable
  usefulness of such object or purpose for which any such expenditure  may
  be  made is determind to be ten years. The limitations of paragraph d of
  section 25.00 of the local finance law, with respect to  the  amount  of
  revenue anticipation notes which may be issued in anticipation of moneys
  to  be  received  from  the  state  or  the  United States government in
  connection with such aid, shall not be  applicable;  provided,  however,
  that  such notes shall not be issued in anticipation of such revenues in
  an amount greater than the amount reasonably estimated to be received by
  the county, town or city from such sources.
    5. Subject  to  the  provisions  of  this  section,  the  state  shall
  reimburse  counties,  towns  and  cities  for  expenditures  for defense
  emergency  aid,  made  out   of   any   funds   appropriated   by   such
  municipalities,  provided  such expenditures shall have been approved by
  the state department of social services, to the  extent  of  eighty  per
  centum  of  the amount expended for persons who resided or were found in
  such county, town or city on the date of the attack and to the extent of
  one hundred per centum of the amount expended for persons  who  came  or
  were  brought  into such county, town or city after such date; provided,
  however, that the  state  commissioner  of  social  services,  with  the
  approval   of   the   council,   may   make  such  grant  or  additional
  reimbursement, out of funds available therefor, as he may deem equitable
  in exceptional circumstances.
    6. The comptroller, upon audit and warrant, shall pay from  the  state
  treasury,  out  of  funds  made available for home relief or for defense
  emergency aid, such grants and reimbursements on claims certified by the
  state department of social services.  Payments  shall  be  made  by  the
  comptroller to the fiscal officer of the county or city and, in the case
  of  towns such payments shall be to the fiscal officer of the county for
  the account  of  and  reimbursement  to  the  towns  therein.  No  state
  reimbursement  shall  be  payable  under this section for administrative
  costs nor for expenditures for which agencies of local government  other
  than the local social services officials are normally responsible or may
  become  responsible  under  an  emergency; nor for defense emergency aid
  payments made from or in anticipation of the receipt of federal funds.
    § 26. Conscription for civil defense forces.  1.  When  authorized  by
  regulation  of  the council, a county or a city may conscript persons to
  perform the duties specified in sections twenty-three and twenty-four of
  this chapter. Selection of  such  personnel  shall  be  on  a  fair  and
  impartial basis and in accordance with the regulations of the council.
    2.  A  regulation  of  the  council  authorizing  such action shall be
  effective only under the following circumstances:
    a. If after the effective date of this act the United States  declares
  war, or
    b.  If  an  attack  occurs  upon any part of the United States, or its
  bases, territories or possessions, or
    c. If the personnel necessary  to  make  effective  a  plan  of  civil
  defense  of  any  county  or  city  is  not  supplied  by  volunteers in
  accordance with the following schedule: within three  months  after  the
  approval  of  such  plan,  twenty-five per cent; within six months after

  such approval, fifty per cent; within twelve months after such approval,
  seventy-five per cent.
    3.  Such  regulation  by  the  council  shall provide for selection of
  personnel on a fair and impartial basis by  age,  training,  occupation,
  ability  or  such  other classification as the council finds appropriate
  and shall specify any exceptions to such classifications  in  connection
  with   physical   condition,   family   needs,  callings,  vocations  or
  professions which must be followed or performed during or after  attack,
  unusual occupational demands, or similar matters.
    4. Whenever practicable the appropriate selective service officers and
  other  state  and federal agencies having powers and duties with respect
  to manpower shall be informed of action taken pursuant to  this  section
  and such action shall be coordinated with the action of those agencies.
    5.  If  the  legislature is in regular session the council through the
  governor shall within five days transmit  to  the  legislature  for  its
  consideration  a report of any action taken pursuant to this section. If
  the legislature is not in session and consideration of such  report  has
  not been included in the governor's call for an extraordinary session of
  the  legislature,  the  governor  shall  transmit  such  report  to  the
  legislature at the opening of its next regular session.
    6. Regular or duly ordained  ministers  of  religion  and  members  of
  recognized  religious orders shall be exempt from the application of the
  powers granted by this section.
    § 27. Consolidation of local offices. 1. With the  approval  of  their
  governing  bodies  and of the commission, the chief executive officer of
  any county not within a  city,  including  in  counties  not  having  an
  executive  the  chairman  or  other presiding officer of the legislative
  body of the county as defined in subdivision seven of section two of the
  municipal home rule law, and the chief executive officer or officers  of
  any  city or cities within the county may agree to create a consolidated
  county office of civil defense for the purpose of performing any or  all
  civil defense functions for both the county and such city or cities. The
  jurisdiction of a consolidated county office shall include the territory
  of  the county outside the cities therein, and the territory of any such
  city or cities which join in the consolidation to the  extent  necessary
  for  the  performance  of  its functions in such city or cities. Such an
  office shall be in charge of a county director, who  may  be  the  chief
  executive  officer  of  the  county  or  one  of  the cities, who may be
  appointed and at pleasure removed by the chief executive officer of  the
  county.   The   county   may   pay   a  salary  to  such  director  and,
  notwithstanding the provisions of section two hundred of the county law,
  or of any other law, a county may pay compensation to a  member  of  its
  legislative  body  as defined in subdivision seven of section two of the
  municipal home rule law, other than the  chief  executive  officer,  for
  service as the director of its consolidated county office. Such a county
  director  may  appoint  and  remove,  with  the  approval  of  the chief
  executive officer of each city affected, a  deputy  county  director  of
  such  city. The salary of such deputy may be paid by the county. Where a
  consolidated county office is established, unless  the  county  and  the
  city  or  cities  joining  in  such  consolidation  otherwise agree, the
  expenses of such office shall be paid and the deputies,  assistants  and
  employees  appointed  and  removed,  their  duties  prescribed and their
  salaries fixed and paid in the manner prescribed for a county office  in
  sections twenty-two and twenty-nine of this act.
    2.  With  the  approval  of  the governing bodies, the chief executive
  officers of two or more adjacent cities within a  county  may  agree  to
  create  a consolidated city office of civil defense, the jurisdiction of
  which office shall include the territory of such cities. Such an  office

  shall  be in charge of a city director who shall be appointed jointly by
  such officers and hold office at their pleasure. Such city director  may
  be  paid  such  compensation  as  may  be  fixed  by the chief executive
  officers  of  such  cities  within the amount of the appropriations made
  therefor.
    3. In the event of the creation of a consolidated office by  order  of
  the  commission  pursuant  to  section twenty-one of this act, the chief
  executive officers of the  county  and  of  all  cities  in  the  county
  affected  by  the  order  shall appoint and remove, at their pleasure, a
  county director. Such county director may be the chief executive officer
  of the county or one of the cities affected by the order. The provisions
  of subdivision one shall be applicable to a consolidated  county  office
  so created.
    4.  With  the approval of their respective governing bodies and of the
  commission, the chief  executive  officer  of  a  county,  including  in
  counties not having an executive the chairman or other presiding officer
  of the legislative body of the county as defined in subdivision seven of
  section  two  of  the  municipal  home rule law, and the chief executive
  officer or officers of a city or cities, or the chief executive officers
  of two or more cities may agree to dissolve a consolidated county  or  a
  consolidated  city  office  of civil defense as the case may be or, upon
  one hundred eighty days notice to the  other  participants  and  to  the
  commission,  such an officer, with the approval of the governing body of
  his county or city, may unilaterally withdraw from such an office.  Upon
  the  effective  date  of  such  dissolution  of  or  withdrawal  from  a
  consolidated office of civil defense, the  chief  executive  officer  of
  each  affected  county or city shall forthwith re-establish an office of
  civil defense for such county or city, which office shall be headed by a
  local director as required by this  act  and  which  office  shall  have
  jurisdiction,  powers  and  duties  as  provided  in  this act and other
  applicable provisions of law.
    § 28. Mutual aid. Subject to the approval of the  commission,  two  or
  more  political  subdivisions  of  the  state  may enter into mutual aid
  agreements for reciprocal aid and assistance to effectuate  any  purpose
  of  this  article.  State agencies, with the approval of the director of
  the budget, may participate in such agreements.
    § 29. Local financial provisions. 1. All civil defense expenditures of
  a city, including but  not  limited  to  the  cost  of  maintenance  and
  operation  of its city office, if any, shall be a city charge. All civil
  defense expenditures of a county, including but not limited to the  cost
  of  maintenance  and  operation  of  a county office, shall be a general
  county charge, provided however that where a city, town or  village  has
  provided  facilities pursuant to section twenty-three-a of this act, the
  charge for the expenditures thereafter made by such county for providing
  facilities pursuant to section  twenty-three-a  of  this  act  shall  be
  equitably  allocated by the legislative body of the county as defined in
  subdivision seven of section two of the municipal  home  rule  law.  All
  civil  defense  expenditures  of  a town shall be a general town charge,
  provided however that where a deputy director for a village  not  wholly
  within  one  town  is  appointed  pursuant to subdivision two of section
  twenty-two of this act, the expenditures made by such town  pursuant  to
  such  subdivision  shall  be  a  charge  against  the  area  of the town
  exclusive of such village.  Where  a  village  has  provided  facilities
  pursuant  to  section  twenty-three-a  of  this  act, the charge for the
  expenditures thereafter made  by  such  town  for  providing  facilities
  pursuant  to  section  twenty-three-a  of  this  act  shall be equitably
  allocated by the town board. All civil defense expenditures of a village
  shall be a village charge.

    2. Each political subdivision of the state shall have the power:
    (a)  To  appropriate and spend money in the manner provided by law for
  the acquisition, construction  and  installation  of  shelters,  fallout
  shelters  and  other  civil  defense  facilities  and the acquisition of
  materials  pursuant  to  section  twenty-three-a  of   this   act.   Any
  expenditure   by  a  political  subdivision  having  power  to  contract
  indebtedness pursuant to  the  local  finance  law  for  such  shelters,
  fallout shelters, civil defense facilities and materials may be financed
  by  the  issuance of obligations pursuant to such law, from the proceeds
  of taxes raised for such purpose or from  any  available  funds  of  the
  political  subdivision.  The  period  of probable usefulness of any such
  shelter or fallout shelter is determined to be  twenty  years  unless  a
  longer  period  is prescribed by the local finance law and the period of
  probable usefulness of any other civil defense facilities and  materials
  is  determined  to  be ten years unless a longer period is prescribed by
  the local finance law. The provisions of section  107.00  of  the  local
  finance  law  shall  not  apply  to  the financing of any such object or
  purpose.
    (b) To appropriate and spend money in the manner provided by  law  for
  other  civil defense measures contemplated by this article or by section
  thirty-four of this act, provided such expenditures are not inconsistent
  with the plan, regulations or orders  of  the  commission  or  with  the
  applicable  local  plan  promulgated  under this act. The limitations of
  section 29.00 of the local finance law, with respect to  the  amount  of
  budget  notes which may be issued in any fiscal year, shall not apply to
  budget notes issued to finance such measures  and,  notwithstanding  any
  provision  of  the local finance law, budget notes for such measures may
  be authorized by at least a majority vote of the voting strength of  the
  finance  board.  In  addition  to  the issuance of budget notes for such
  measures,  a  political  subdivision  having  the  power   to   contract
  indebtedness pursuant to the local finance law, with the approval of the
  commission,  shall  have  power  to  issue serial bonds or capital notes
  pursuant to such law in an amount not to  exceed  one  hundred  thousand
  dollars  in  any fiscal year. The commission shall not give any approval
  pursuant to this paragraph until after it shall have obtained the advice
  of the state comptroller with respect to the financial condition of  the
  political  subdivision.  If no period of probable usefulness is provided
  in the local finance law for any such measures, the period  of  probable
  usefulness  therefor  shall  be  three  years. The provisions of section
  107.00 of the local finance law shall not apply to the financing of  any
  such object or purpose.
    (c) To participate in providing shelter protection against radioactive
  fallout for the inhabitants of such political subdivision by cooperating
  with  the commission and with schools, colleges and universities located
  within such political subdivision in the  acquisition,  construction  or
  installation   of   fallout   shelter  at  such  schools,  colleges  and
  universities for which state civil defense aid is  payable  pursuant  to
  section  thirty-five of this act and by paying in consideration for such
  shelter protection for its inhabitants a portion of  the  cost  of  such
  fallout  shelters,  provided  that  no  such  payment  shall  exceed the
  aggregate cost of such fallout shelters less the amount of  state  civil
  defense aid payable pursuant to that section.
    3.  Indebtedness  contracted  or proposed to be contracted by a school
  district, other than a  school  district  coterminous  with,  or  partly
  within,   or   wholly   within  a  city,  to  finance  the  acquisition,
  construction and installation of a shelter or fallout  shelter  by  such
  school  district  pursuant  to section twenty-three-a of this act may be
  excluded from the indebtedness of such school district  in  ascertaining

  its  power  under  section  104.00  of the local finance law to contract
  indebtedness, but only to the extent to which such indebtedness, at  the
  time  it  was  contracted  or  is  to be contracted, did not or will not
  exceed fifty dollars multiplied by the planned shelter occupancy of such
  shelter.
    4.   In   addition   to   powers   otherwise   conferred  by  law  and
  notwithstanding any inconsistent provision of law:
    a. Each political subdivision of the state shall  have  the  power  to
  appropriate and spend money to demolish unsafe structures owned by it or
  under  its  care, custody or control, to remove debris from any property
  owned by it or under its care, custody or control, and  to  reconstruct,
  replace  or repair capital improvements, equipment, machinery, apparatus
  and  furnishings,  when  such   demolition,   removal,   reconstruction,
  replacement  or  repair  is  necessitated  because  of  attack. Any such
  reconstruction or replacement of a capital improvement may be made  upon
  a new site or upon the same site.
    b.  Any  city, town or village shall have the power to appropriate and
  spend money to demolish  any  unsafe  structures,  whether  publicly  or
  privately  owned,  and  may  remove  debris  from  any property, whether
  publicly or privately owned, if the governing board of the  municipality
  determines  such  structures  or  debris  to be a peril to the lives and
  property of the citizens of the municipality, when  such  demolition  or
  removal is necessitated because of attack, except that such expenditures
  shall  not  be made by a town within a city located in such town or by a
  town within a village located in whole or part in such town.
    Any expenditure for an object or purpose described in this subdivision
  by  a  political  subdivision  having  power  to  contract  indebtedness
  pursuant  to  the  local  finance law may be financed by the issuance of
  obligations pursuant to such law, from the proceeds of taxes raised  for
  such  purpose  or from any available funds of the political subdivision.
  The period of probable usefulness of the objects and purposes for  which
  any  such expenditure may be made is determined to be ten years unless a
  longer period is prescribed by the local finance law. The provisions  of
  section 107.00 of the local finance law shall not apply to the financing
  of any such object or purpose. Any provisions of law:
    (1) Requiring the holding of hearings on or the publication of notices
  in  relation  to  the  effectuation  of  any such purpose or work or the
  financing thereof,
    (2) Requiring that the effectuation of any such purpose or work or the
  financing thereof be subject to a vote at any election, to  a  mandatory
  or  permissive  referendum, or to the voting of a tax to be collected in
  one or more installments,
    (3) Requiring that the effectuation of any such purpose or work or the
  financing thereof be initiated only upon petition,
    (4) Permitting the issuance of obligations only after  the  completion
  of  the  effectuation  of  any  such  purpose  or  work  or  the levy of
  assessments therefor,
    (5) Requiring the approval of any public board or body other than  the
  governing  board  or the finance board, for the effectuation of any such
  purpose or work or the financing thereof, the advertisement for bids  or
  the  letting  of  contracts  therefor after competitive bidding, and any
  other provisions of law insofar as they tend to prevent, hamper or delay
  the effectuation of any such purpose or work or the  financing  thereof,
  shall  be  inoperative for the purposes of this subdivision, except that
  the provisions of sections 57.00, 58.00,  59.00,  60.00,  60.10,  60.20,
  63.00,   81.00,   82.00,  83.00,  102.00,  104.00,  104.10,  other  than
  subdivision one thereof, 109.00, 150.00, 151.00, 152.00  and  165.10  of

  the  local  finance law shall continue to be applicable to the financing
  thereof when obligations are issued.
    Notwithstanding  the fact that the effectuation of any such purpose or
  work may be required pursuant to law to be undertaken wholly  or  partly
  at the expense of the real property especially benefited thereby, it may
  be  undertaken  at  the  expense  of  the political subdivision at large
  without  charging  any  part  of  the  cost  thereof  to  real  property
  especially benefited.
    §  29-a.  Continuity of political subdivisions. In conformity with the
  plan, regulations or orders of  the  commission,  every  county,  except
  those  contained within the city of New York, every city, every town and
  every village shall have power to provide by local law, and every  other
  political subdivision shall have power to provide by resolution, for its
  continuity  and  that of its elective and appointive officers, including
  members of its legislative or governing body, where, as a result  of  an
  attack,  any  of  such  officers  is  unable to discharge the powers and
  duties of his office or is absent from the political subdivision. In any
  such local law or resolution, provision may be made that the removal  of
  a  disability  or  the  termination  of  an  absence  from the political
  subdivision of an officer higher on a list or order of succession to  an
  office  shall  not terminate the service in such office of an individual
  lower on such list or order of succession  who  is  temporarily  filling
  such  office.  Notwithstanding the provisions of any law, a local law or
  resolution adopted pursuant  to  this  section  may  be  made  effective
  without  approval at a mandatory or permissive referendum but in no case
  shall such local law or resolution become effective until one  certified
  copy  thereof has been filed with the clerk of the political subdivision
  or other  appropriate  official  designated  for  such  purpose  by  the
  respective legislative or governing body, one certified copy thereof has
  been  filed  in  the office of the state comptroller and three certified
  copies thereof have been filed in the office of the secretary of state.
    No provision of this section shall  be  construed  or  interpreted  as
  affecting  the  validity  of  any ordinance enacted prior to July first,
  nineteen  hundred  sixty-six,  or  actions  taken  thereunder   by   the
  government of any county, city, town or village.
    §  30.  Removal or suspension of public officers.  1. A local director
  may be removed by the governor after such director has been given a copy
  of the charges against him  and  an  opportunity  to  be  heard  in  his
  defense.  Pending  the  preparation  and  disposition  of  charges,  the
  governor may suspend such director for a  period  not  exceeding  thirty
  days.  The  power  of  removal provided for in this subdivision shall be
  deemed to be in addition to the power of removal otherwise provided  for
  in  this  act  or  in  any other law and shall apply notwithstanding any
  inconsistent provisions of this act or of any other law.
    2. Notwithstanding any provision of law, and in addition to any  other
  penalty  fixed  by  law,  willful  failure  by  a  public officer having
  administrative responsibilities under this article to obey an  order  or
  regulation  adopted  or  made  pursuant  to this article relating to his
  administrative responsibilities shall be cause for removal from  office.
  Subject  to the provisions of the state constitution, such removal shall
  be by the governor upon charges  by  the  council  or  commission  after
  service upon such public officer of a copy of the charges and giving him
  an  opportunity  to be heard in his defense. Pending the preparation and
  disposition of charges, the governor may suspend such public officer for
  a period not exceeding thirty days.
    3. A vacancy resulting from removal pursuant to this section shall  be
  filled by the governor until it is filled as otherwise provided by law.

    4.  In  the event of attack or in the event of the failure of a county
  or city to carry out the provisions of this act or the plan, regulations
  or  orders  adopted  pursuant  thereto,  the  governor  may  direct  the
  commission  to  assume direct operational control of any or all agencies
  or  public  offices  having  administrative responsibilities pursuant to
  this  act  to  the  extent  necessary  for  the  performance   of   such
  responsibilities  and  in  such  event,  the  officers in charge of such
  agencies and offices shall only exercise such powers  and  perform  such
  duties  as are required of them by the commission or the person managing
  and conducting such  agencies  or  offices  pursuant  to  order  of  the
  commission. In all such cases all expenses incurred by the commission to
  conduct  such  agencies  or  offices,  including  the  salary  or  other
  compensation of all  persons  employed,  shall  be  a  charge  upon  the
  political  subdivision or subdivisions of the state otherwise liable for
  the expense of such agency or office.
    § 31. Utilization of existing services and facilities. The  commission
  and  each  local director shall utilize as far as possible the services,
  resources, materials and facilities of existing  officers  and  agencies
  and  all  such officers and agencies shall cooperate with the commission
  and such directors.
    § 32. Privileges  and  immunities.  Notwithstanding  any  inconsistent
  provision  of  law,  members  of  civil  defense forces in the state and
  members of the civil defense forces of other states or  of  the  federal
  government  or of the dominion of Canada or of a province or subdivision
  thereof performing civil defense services at any  place  in  this  state
  pursuant  to  any law, any rule, regulation or order duly promulgated or
  issued pursuant to this act, any federal law, or any agreement, compact,
  or arrangement for mutual aid and assistance, to which the  state  or  a
  political subdivision thereof is a party, shall possess the same powers,
  duties,  immunities  and  privileges  they  would  ordinarily possess if
  performing their duties in the jurisdiction in which  normally  employed
  or rendering services.
    §  33.  Administration  of civil defense oaths.  1. The commission and
  each local director shall have power by regulation or order to designate
  or provide for the designation of members of civil defense forces  under
  their  respective jurisdictions to administer the written oath which the
  federal civil defense act of nineteen hundred fifty requires persons  in
  state  or  local organizations for civil defense to take before entering
  upon their duties therein.
    2. Each such designation of a person serving under the jurisdiction of
  the commission shall be filed in the  department  of  state.  Each  such
  designation  of  a  person  serving  under  the jurisdiction of a county
  director shall be filed in the office of the clerk  of  the  county  and
  each  such  designation  of a person serving under the jurisdiction of a
  city director shall be filed in the office of the city clerk.
    3. Designations so made may be revoked in the  same  manner  in  which
  they  may be made pursuant hereto, provided that notice thereof is given
  to each person whose designation is so revoked.
    4. In addition to the requirements of any other law,  the  certificate
  of  a  person administering an oath pursuant to such a designation shall
  specify  (a)  county  clerk's  or  city  clerk's  office  in  which  his
  designation  was  filed  and  (b)  that  such  designation  has not been
  revoked.
                                  ARTICLE 3-A
                             SHELTER PROTECTION
 
  Section 34. Responsibilities  of  commission  and  local  directors  for
                shelter protection.

          35. State  civil  defense aid for fallout protection at schools,
                colleges and universities.
          36. Implied warranty in contracts for shelters.
          37. Consumer protection against substandard shelters.
          38. Compliance  with  local building regulations and restrictive
                covenants.
    § 34. Responsibilities of commission and local directors  for  shelter
  protection. 1. The commission shall:
    a.  Include  in  the  comprehensive  plan for the civil defense of the
  state provision for the protection of every inhabitant  thereof  against
  fallout  radiation  resulting from attack and against such other dangers
  resulting from attack as the commission may deem necessary.
    b. Provide, through local offices or  otherwise,  an  information  and
  counseling  service  available  to  the  public  generally  and to those
  concerned with providing shelter protection for  others,  including  all
  political  subdivisions,  schools, colleges and universities, employers,
  landlords,  architects,  engineers,  contractors,  hospitals,  voluntary
  institutions  and  places of public assembly. The service to be provided
  shall include, among other things, detailed  information  and  technical
  advice relating to
    i. the achievement of fallout protection which will meet the standards
  for fallout shelters set forth in the plan, regulations or orders of the
  commission relating thereto;
    ii.  the  financial  assistance  available  for  the  construction  of
  shelters from governmental  sources  or  private  lending  institutions,
  including insured mortgage loans, and the usual terms thereof;
    iii.  the  financial  assistance,  if any, available from governmental
  sources or private lending institutions for equipping  and  provisioning
  shelters, and the usual terms thereof;
    iv.  the  exemption  from  local  real  property  taxation, special ad
  valorem levies and special assessments provided in section four  hundred
  seventy-nine  of  the  real  property  tax law for the increase in value
  attributable to the construction or installation of a fallout shelter;
    v. the maximum and minimum shelter occupancies which will qualify  for
  state civil defense aid and any comparable federal aid; and
    vi.  the materials recommended by federal civil defense authorities or
  by the commission for  inclusion  in  shelters,  which  information  and
  advice  may  include  the  names  of  specific  trade products and their
  manufacturers so long as the commission makes clear that other  products
  of comparable quality and meeting the same standards are included within
  the general recommendations although not specified by name.
    c.  Have  power to test, approve and recommend materials for inclusion
  in shelters.
    d. Upon the request of a political subdivision,  board,  authority  or
  commission  which  desires  to  acquire,  construct or install a shelter
  pursuant to section twenty-three-a of this act,  review  the  plans  and
  specifications  of  such shelter and certify whether it will comply with
  the plan, regulations or orders of the commission.
    e.  Publicize  the  availability  of  the  detailed  information   and
  technical advice described in this section.
    f. Specifically urge county and city governments which do not yet have
  protected  emergency  operating  centers  constructed  or  under  way to
  initiate the construction of  such  centers  promptly  pursuant  to  the
  provisions of federal law and section twenty-three-b of this act.
    g.  Report  to  the governor and the legislature annually on or before
  February first as to:
    i. The action taken by it and by others to  meet  the  objectives  set
  forth  in  this  act  of  assuring the availability of effective shelter

  protection for every inhabitant of the state and the rehabilitation  and
  recovery of the state and its inhabitants after attack.
    ii.  Its recomendations, if any, for changes in the provisions of this
  act relating to shelter protection and to  rehabilitation  and  recovery
  after  attack,  including  changes  considered  by it to be necessary or
  desirable  to  stimulate  and   encourage   the   further   acquisition,
  construction  or  installation  of  shelters and protected stockpiles of
  materials in accordance with its plan, regulations or orders.
    2. Local directors, in accordance with the regulations and  orders  of
  the commission, shall:
    a.  Participate  in the information and counseling service referred to
  in paragraph b. of subdivision one of this section  and  in  publicizing
  the availability of such service.
    b.  Assist  the  state  director in any investigation conducted by him
  pursuant to section thirty-seven of this act.
    c. Have power to  inspect  from  time  to  time  at  reasonable  hours
  completed  shelters  within the area under the jurisdiction of the local
  office.
    d. Report  to  the  state  director  the  results  of  inspections  of
  completed  shelters  in  such  form and detail as the state director may
  from time to time require.
    § 35. State civil defense  aid  for  fallout  protection  at  schools,
  colleges  and universities. 1. Subject to the limitations and conditions
  prescribed in this section, the trustees or board of education of  every
  school  district,  the board of higher education in the city of New York
  and the governing body, by whatever name known, of all other  elementary
  schools, secondary schools, colleges and universities in the state shall
  be  eligible  to  receive  state  civil  defense aid, within the amounts
  appropriated to the commission for this purpose,  in  consideration  for
  the  provision  by  such  schools,  colleges and universities of shelter
  protection against radioactive fallout for inhabitants of the state.
    2. The amount of state civil defense  aid  payable  pursuant  to  this
  section  with  respect  to  a  fallout  shelter acquired, constructed or
  installed at any school, college or university after the effective  date
  of  this  section shall be twenty-five dollars multiplied by the maximum
  reimbursable shelter occupancy, but in no event shall such amount exceed
  fifty per cent of the cost of such shelter.
    3. For purposes of this section,  the  "maximum  reimbursable  shelter
  occupancy" shall mean
    a. In the case of a fallout shelter acquired, constructed or installed
  at existing schools, colleges and universities:
    i.   the   largest   number   of   students   enrolled  plus  faculty,
  administrative staff and other personnel employed at the school, college
  or university who are reasonably estimated to have been present  at  any
  one time during any day within one year prior to the date of application
  for  the payment of state civil defense aid under this section minus the
  planned shelter occupancy of all other fallout shelters at  the  school,
  college  or  university, for which occupancy state civil defense aid has
  been approved by the state director pursuant to this section, or
    ii. the planned shelter occupancy of the fallout shelter with  respect
  to  which the application for state civil defense aid under this section
  is made,
    whichever is less.
    b. In the case of a fallout shelter acquired, constructed or installed
  at a new school:
    i. the largest number of students plus faculty,  administrative  staff
  and  other  personnel which the school is designed to accommodate at any
  one time minus the  planned  shelter  occupancy  of  all  other  fallout

  shelters  at the school, for which occupancy state civil defense aid has
  been approved by the state director pursuant to this section, or
    ii.  the planned shelter occupancy of the fallout shelter with respect
  to which the application for state civil defense aid under this  section
  is made,
    whichever is less.
    4.  No  payment  of  any  state  civil  defense aid shall be made with
  respect to any fallout shelter pursuant to this section unless:
    a. The plans and specifications for the shelter, and any modifications
  thereof, are certified by the commission to be in  compliance  with  the
  provisions  of  this  act  and  the  plan,  regulations or orders of the
  commission  promulgated  thereunder;   provided,   however,   that   the
  commission  may  designate  the  state  commissioner of education or the
  commissioner of public works of the city of New York as  its  agent  for
  the  purpose  of  certifying  such  compliance  with respect to shelters
  acquired, constructed or installed by school districts, public  colleges
  or  public universities which are required under other provisions of law
  to submit plans and specifications for school buildings to  the  officer
  designated.
    b.  The  shelter  is  completed  in  accordance  with  the  plans  and
  specifications,  and  any  modifications  thereof,  certified   by   the
  commission or its designated agent pursuant to the immediately preceding
  paragraph a.
    c.  The  trustees,  board  or governing body of the school, college or
  university at which the fallout shelter  is  located  shall  by  written
  agreement  grant  to  the commission, and to such local directors as the
  commission may designate, exclusive control of the use of  such  shelter
  at  any  time  for  civil  defense purposes, the right to schedule civil
  defense drills involving the use of  such  shelter  at  any  time  after
  consultation  with  the  appropriate school authorities and to supervise
  such drills, and the right to inspect the shelter from time to time  for
  compliance  with the storage, preparedness and other standards set forth
  in the plan, regulations or orders of the commission. The grant shall be
  in such form and detail as the commission may  by  regulation  prescribe
  and  shall specify that any use of the shelter for purposes unrelated to
  civil defense shall not interfere with the use or readiness thereof  for
  civil  defense  purposes and shall conform with the plan, regulations or
  orders of the commission relating thereto.
    5. At any  time  within  five  years  of  the  date  of  the  original
  application  for state civil defense aid for a specified fallout shelter
  pursuant  to  this  section,  an  application  may  be   submitted   for
  recomputation  of  the  amount  of  state civil defense aid payable with
  respect thereto and in  such  case  the  date  of  application  for  the
  recomputation  shall  be  used  in  determining the maximum reimbursable
  shelter occupancy of such shelter.  If the amount of state civil defense
  aid payable upon recomputation exceeds the amount paid upon the original
  application, the difference shall be payable as state civil defense  aid
  pursuant to this section.
    6.  Applications  for  payments of state civil defense aid pursuant to
  this section shall be certified by the local director and  submitted  to
  the state director on such dates, with such information and in such form
  as  he  may prescribe; provided, however, that nothing contained in this
  section shall be deemed to prevent two or  more  schools,  colleges  and
  universities from submitting a joint application for state civil defense
  aid with respect to any fallout shelter jointly acquired, constructed or
  installed.  State  civil  defense  aid pursuant to this section shall be
  paid upon applications approved by the state director after audit by and
  on warrant of the state comptroller.

    7.  Where  a  school  district  has  issued  obligations  pursuant  to
  paragraph a of subdivision two of section twenty-nine of this act, state
  civil  defense aid received pursuant to this section shall be applied to
  the payment of the interest on and principal of any such obligations  as
  may be outstanding.
    8.  In  addition to any moneys appropriated or made available therefor
  and in the event of the necessity therefor in order to defend the people
  of the state, the state comptroller shall have power to issue  notes  to
  pay  the  costs  incurred by the state in the acquisition, construction,
  installation,  storage  and  maintenance  of  facilities  and  materials
  essential for shelter use and the safety and health of the people in the
  event  of attack and for the payment of state civil defense aid pursuant
  to this section. Each such note shall mature within a period of  not  to
  exceed  two  years  from  the  date  of  original issue thereof, but may
  contain provision for payment  thereof  within  such  two  year  period.
  Unless the legislature shall provide for the issuance of bonds to redeem
  such  notes,  such  notes  shall be paid not later than their respective
  maturity dates. The comptroller shall report to the legislature  at  the
  opening of its next regular or extraordinary session all action taken by
  him pursuant to this subdivision.
    § 36. Implied warranty in contracts for shelters. 1. In any sale of or
  in any contract
    (a) to sell,
    (b) to construct, or
    (c)  to alter or improve any area or portion of a building, structure,
  or other real property in order to provide
  any  facility  represented,  expressly  or  impliedly,  to  reduce   the
  intensity  of  fallout  radiation,  there  is  an  implied  warranty  or
  condition that such facility complies  with  the  plan,  regulations  or
  orders  of  the  commission  which are in effect pertaining to shelters,
  unless there is prompt  and  full  disclosure  in  accordance  with  the
  regulations  of  the  commission of the fact that such facility does not
  comply in this respect with such plan,  regulations  or  orders  of  the
  commission.
    2.  For  purposes  of this section, the plan, regulations or orders of
  the commission pertaining to shelters and to  the  form  and  manner  by
  which  disclosure  is  to  be  made  shall take effect thirty days after
  filing by the commission in the office of the department of state.
    § 37. Consumer protection against substandard shelters. 1. It shall be
  unlawful for any person, firm, association or corporation,  or  for  any
  agent,  officer,  employee  or member thereof to fail to make prompt and
  full disclosure of the fact that a facility does  not  comply  with  the
  plan,  regulations  or  orders  of  the  commission  which are in effect
  pertaining to shelters:
    (a) in selling or in offering for sale,
    (b) in constructing or in offering to construct, or
    (c) in altering or improving or in offering to alter  or  improve  any
  area or portion of a building, structure or other real property in order
  to provide
  any  facility  which  is  represented, either expressly or impliedly, to
  reduce the intensity of fallout radiation and which fails to  comply  in
  this  respect  with  such plan, regulations or orders of the commission.
  Such disclosure shall be made in such form and manner as the  commission
  may by regulation prescribe.
    2.  For  purposes  of this section, the plan, regulations or orders of
  the commission pertaining to shelters and to  the  form  and  manner  by
  which  disclosure  is  to  be  made  shall take effect thirty days after
  filing by the commission in the office of the department of state.

    3. Any  person,  firm,  association  or  corporation,  or  any  agent,
  officer,  employee  or  member  thereof,  who violates the provisions of
  subdivision one of this section shall be guilty of a misdemeanor and  on
  conviction thereof shall, if a natural person, be punished by a fine not
  exceeding  five  hundred dollars, or by imprisonment for not longer than
  six months; and if a firm, association or a corporation by a fine of not
  exceeding five thousand dollars.
    4. In the alternative, any person, firm, association  or  corporation,
  or  any  agent, officer, employee or member thereof, who violates any of
  the provisions of subdivision one of this section shall be subject, if a
  natural person, to a civil penalty not exceeding five  hundred  dollars,
  and,  if  a  firm,  association  or  corporation  to a civil penalty not
  exceeding five thousand dollars.
    5. Whenever the state director shall know or have a  reasonable  basis
  to  believe  that  there  has  been  a  violation  of  the provisions of
  subdivision one of this section, he shall report  all  facts  supporting
  such knowledge or belief to the attorney general unless he determines to
  proceed administratively pursuant to subdivision eight of this section.
    The  attorney  general  may prosecute any person, firm, association or
  corporation, or any agent, officer, employee or member thereof,  charged
  with violating the provisions of subdivision one of this section. In all
  such  criminal  proceedings the attorney general may appear in person or
  by his deputy before any court of record or any grand jury and  exercise
  all  the  powers and perform all the duties in respect thereof which the
  district attorney would otherwise be authorized or required to  exercise
  or  perform;  or  the  attorney  general  may in his discretion transmit
  evidence, proof and information as  to  such  offense  to  the  district
  attorney of the county in which the accused resides or has its principal
  office  or  to  the district attorney of the county in which the alleged
  violation has  occurred,  and  every  district  attorney  to  whom  such
  evidence,  proof  and  information  is  so  transmitted  shall forthwith
  proceed to prosecute the person, firm, association  or  corporation,  or
  any  agent,  officer,  employee  or  member  thereof  charged  with such
  violation. In any proceeding wherein the attorney general  has  appeared
  in  person  or by deputy, the district attorney shall exercise only such
  powers and perform only such duties  as  are  required  of  him  by  the
  attorney general or his deputy.
    Alternatively,  the attorney general may cause an action or proceeding
  to be brought in the name and in behalf  of  the  people  of  the  state
  against  any  person,  firm,  association  or corporation, or any agent,
  officer, employee or member  thereof  for  the  recovery  of  the  civil
  penalty referred to in subdivision four of this section. Such action may
  be  brought  in  the  county  where  the  defendant  resides  or has its
  principal office or in  the  county  where  the  alleged  violation  has
  occurred.
    Every  action  or  proceeding,  criminal or civil, brought pursuant to
  this section must be commenced within three years after  the  commission
  of the acts upon which the action or proceeding is based.
    6. All moneys recovered as penalties or fines pursuant to this section
  shall be the property of the state.
    7.  A  violation  of  the  provisions  of  this  section  shall not be
  considered an infraction for purposes of this act.
    8. (a) The state director may, on his own motion, investigate or  make
  inquiry  as  to  any  suspected failure to comply with the provisions of
  subdivision one of this section.
    (b)  Whenever  it  shall  appear  to   the   state   director,   after
  investigation,  that  there  has  been  a violation of the provisions of

  subdivision one of this section, he  may  give  written  notice  to  the
  alleged violator or violators
    (i)  setting  forth the circumstances upon which the alleged violation
  is based, and
    (ii) requiring each respondent to appear  in  person  or  by  attorney
  before  the state director or his duly designated representative, at the
  time and place specified and answer the charges set forth.
  At least twenty days notice of such hearing shall be given.
    (c) The state director, or any  person  designated  by  him  for  this
  purpose, may issue subpoenas and administer oaths in connection with any
  investigation  or hearing conducted pursuant to this subdivision, and it
  shall be the duty of the state director and any  persons  designated  by
  him  for such purpose to issue subpoenas at the request of and in behalf
  of any respondent.
    (d) The state director, or any  person  designated  by  him  for  this
  purpose,  shall  not  be  bound by the law of evidence in conducting the
  hearing, but any determination shall be founded  upon  sufficient  legal
  evidence to sustain it.
    (e)  In  the  hearing,  each  respondent shall have the right to cross
  examine witnesses against him and to produce witnesses and  evidence  in
  his defense.
    (f)  Upon  the  conclusion of the hearing, the state director or other
  person  conducting  the   hearing   shall   make   such   findings   and
  determinations  as  he  deems warranted by the legal evidence before him
  and if a violation of the provisions of subdivision one of this  section
  is  found  and  determined,  the state director may assess a penalty not
  exceeding five hundred dollars for each such violation if the respondent
  is a natural person and not exceeding five  thousand  dollars  for  each
  such  violation if the respondent is a firm, association or corporation.
  The state director  shall  notify  the  respondent  personally  of  such
  decision in writing or by certified mail.
    (g) All findings, determinations and assessments of the state director
  pursuant  to  this subdivision shall be subject to review as provided in
  article seventy-eight of the civil practice law and  rules.  Application
  for  such  review  must  be  made within sixty days after receipt by the
  respondent of notification of the decision of the state director.
    9. In construing and enforcing the  provisions  of  this  section  the
  action  of  an  agent,  officer,  employee  or member of a person, firm,
  association or corporation shall be presumed  to  be  the  act  of  such
  person, firm, association or corporation.
    §  38.  Compliance  with  local  building  regulations and restrictive
  covenants.  1. As used in this section:
    "Department" shall mean the department, bureau,  division,  agency  or
  person,  including any joint agency, of a county, city, town or village,
  charged with the enforcement of the applicable building  code,  multiple
  dwelling law, multiple residence law or other law, as defined in section
  three  of this act, relating to the construction, maintenance and use of
  buildings, structures or other real property and to the control of  land
  uses in such county, city, town or village.
    "Owner" shall mean the owner or owners of the freehold of the premises
  or  any  lesser  estate therein, a mortgagee or vendee in possession, an
  assignee of rents, a receiver, executor, trustee, lessee, agent or other
  person, firm or corporation directly  or  indirectly  in  control  of  a
  building, structure or other real property.
    2.  Notwithstanding  any  inconsistent provision of law, as defined in
  section three of this act,  any  shelter  constructed  or  installed  or
  proposed  to  be  constructed  or installed in accordance with the plan,
  regulations or orders of the commission pertaining to shelters shall  be

  deemed   to   comply   with  all  provisions  of  law  relating  to  the
  construction, maintenance and use of  buildings,  structures,  or  other
  real  property  and  to the control of land uses, and the owner shall be
  entitled to apply for and obtain, and the department shall issue, upon a
  showing  of  compliance  with  such  plan,  regulations or orders of the
  commission and upon payment of the appropriate fees, if any, any permit,
  license,  certificate,  authorization  or  other   document   for   such
  construction,  maintenance  or  use  required by such provisions of law;
  provided, however, that no such  shelter  constructed  or  installed  or
  proposed  to  be  constructed  or installed in accordance with the plan,
  regulations or orders of the commission pertaining to shelters shall  be
  deemed  to comply with such provisions of law nor shall any such permit,
  license, certificate, authorization or other document be issued  if  the
  department  shall  determine  that  such  shelter  will,  because of its
  structural arrangement, location design or other  factor,  substantially
  deviate  from  the reasonable requirements of such provisions of law and
  that such substantial deviation is  unnecessary,  at  approximately  the
  same  cost  to  the  owner,  to effectuate the purposes of this act with
  respect to the provision of shelter protection.
    3. Each county, city, town or village shall have power to adopt  local
  laws,  and  each  department shall have power, in the manner provided by
  law, to adopt rules and regulations, not inconsistent with this act  and
  the   plan,   regulations   or  orders  of  the  commission  promulgated
  thereunder, necessary to execute and implement the  powers  granted  and
  the duties imposed by this section.
    No  provision of this subdivision shall be construed or interpreted as
  affecting the validity of any ordinance enacted  prior  to  July  first,
  nineteen   hundred   sixty-six,  or  actions  taken  thereunder  by  the
  government of any county, city, town or village.
    4. (a) The failure to grant an application for such  permit,  license,
  certificate,   authorization   or   document  within  sixty  days  after
  submission thereof, may be reviewed by an owner in the  manner  provided
  by  law  for  appeals  from  determinations  of  the  department made in
  enforcing the multiple dwelling law, the  multiple  residence  law,  the
  state  building construction code or any other provision of law relating
  to the construction, maintenance or  use  of  buildings,  structures  or
  other real property or to the control of land uses.
    (b)  On any such appeal wherein a party relies for ground of relief or
  defense or raises issue or brings  into  question  the  construction  or
  validity  of  any of the provisions of this act or the plan, regulations
  or orders of the commission promulgated thereunder relating to shelters,
  the court or  agency  having  jurisdiction  of  the  appeal,  action  or
  proceeding  may  at  any  stage certify such fact to the commission. The
  commission may intervene in any such appeal, action or proceeding.
    5. The construction, installation  or  maintenance  of  a  shelter  in
  accordance  with  the  plan,  regulations  or  orders  of the commission
  pertaining to shelters shall not be deemed a breach of a restriction  on
  the  use of land heretofore or hereafter created by a covenant, promise,
  negative easement, special limitation or  condition  subsequent  and  no
  reverter  shall occur, no possessory estate shall result and no right of
  entry shall  accrue  by  reason  of  such  construction.  No  action  or
  proceeding  may be commenced in any court in the state where such action
  or proceeding is based on a claim or allegation that such  construction,
  installation   or   maintenance   (a)   constitutes  a  breach  of  such
  restriction, (b) causes such a reverter, or (c) results in the  creation
  of such a possessory estate or the accrual of such a right of entry.
                                  ARTICLE 4
                             POWERS OF AGENCIES

  Section 40. Powers of certain state officers and agencies.
          41. Waiver  of  type,  weight  and  size limitations for certain
                vehicles.
          42. Contracts for research work in health matters related to the
                defense emergency.
          43. Emergency health and sanitation areas.
          44. Emergency measures to protect milk supply.
          46. Production and sale of prison-made  articles  and  materials
                essential to the defense effort.
            §   40.   Powers  of  certain  state  officers  and  agencies.
          Nothwithstanding the provisions of any law, for the  purpose  of
          providing  during the defense emergency (a) for unanticipated or
          emergency needs for the protection of the safety and  health  of
          the  people  of the state in the event of attack, or (b) for the
          mobilization and efficient utilization of all of  the  resources
          and facilities in the state in aid of the defense effort, or (c)
          for the orderly conduct of public or private affairs in a manner
          consistent  with  the  requirements  of  the defense effort, the
          following officers or agencies of the state shall have power  to
          take  action  or  to adopt, promulgate and make effective plans,
          regulations or orders, consistent with the  provisions  of  this
          act  and  with any actions taken or plans, regulations or orders
          adopted and promulgated by the  council,  with  respect  to  the
          following matters:
            1.  The  civil service commission, upon a finding that because
          of the manpower requirements  of  the  armed  services  and  the
          defense   effort  vacancies  exist  which  cannot  otherwise  be
          readily, equitably and satisfactorily filled,  shall  have  such
          power  with respect to (a) extension of provisional appointments
          until lists are established and appointments are made therefrom;
          (b) extension of eligible lists;  (c)  waiver  of  residence  or
          citizenship   requirements   relating   to   public  offices  or
          employments; (d) restriction of leaves  of  absence  except  for
          illness, entrance into the armed forces of the United States, or
          for  other  reasons  which  are  in  the  public  interest;  (e)
          employment for temporary periods of  officers  or  employees  in
          agencies  other than those in which they are regularly employed;
          (f) authorization of  the  employment  of  public  officers  and
          employees  in  additional  public offices or employment; and (g)
          authorization of compensated employment as  public  officers  or
          employees,   of   persons   receiving   pensions  or  retirement
          allowances where such  compensated  employment  is  not  already
          authorized  by  law,  provided  that  adequate provision is made
          whereby the value of the  pension  or  retirement  allowance  is
          deducted  from  the  compensation  paid for such employment. The
          commission may determine that it will exercise  any  such  power
          with respect to municipal civil service administration only upon
          the written request of the appropriate civil service commission.
            2. The comptroller (a) upon a finding that because of shortage
          of  supply  or  because of danger to health and safety immediate
          action is necessary, shall  have  such  power  with  respect  to
          suspension of provisions of law relating to public purchasing or
          letting  of  public  contracts  and  regulation of the manner in
          which such purchasing or letting is to  be  accomplished  during
          the  period  of such suspension; and (b) in the event of attack,
          shall have power to  issue  notes  for  the  purpose  of  paying
          expenses  incurred  by the state or, to the extent authorized by
          the legislature, by any political subdivision of the state,  for

          the  purpose  of repelling invasion, suppressing insurrection or
          defending the state in war. Each such note shall mature within a
          period of not to exceed two years  from  the  date  of  original
          issue  thereof,  but  may  contain provision for payment thereof
          within such  two  year  period.  Unless  the  legislature  shall
          provide  for  the  issuance  of bonds to redeem such notes, such
          notes shall be paid not later  than  their  respective  maturity
          dates.  The  comptroller  shall report to the legislature at the
          opening of its regular or extraordinary session all action taken
          by him pursuant to this subdivision.
            3. The industrial commissioner  shall  have  such  power  with
          respect  to  safety and record of manufacture, sale, possession,
          use or ownership of fireworks or explosives and the  manufacture
          and  transportation of firearms, but such powers shall not apply
          to the personal possession, use or  ownership  of  firearms  and
          ammunition therefor.
            4.  The  public  service commission, upon a finding that it is
          necessary for public health or safety,  shall  have  such  power
          with   respect  to  (a)  maintenance,  restriction,  limitation,
          extension or interconnection of public utility services, whether
          privately or  publicly  owned;  and  (b)  means  or  devices  of
          communication  other than those exclusively regulated by federal
          authorities.
            5. The secretary of state shall have such power  with  respect
          to (a) extension or restriction of the hours during which public
          business  may  be  conducted,  public  offices  kept  open,  and
          officers and employees required  to  perform  their  powers  and
          duties  therein;  and (b) designation of substitute places where
          public offices may be located or public business conducted.
            6. The commissioner of transportation,  upon  a  finding  that
          there  is  a  shortage  of  equipment,  gasoline,  oil  or other
          supplies necessary for the use of motor  vehicles  or  upon  the
          request  of the president of the United States or of the head of
          a federal department or agency having responsibility relative to
          the defense effort, or upon a finding that it is  necessary  for
          public  health  or safety, shall have such power with respect to
          transportation or travel subject to his jurisdiction,  including
          the  speeds  at  which  and  the  conditions  under  which  such
          transportation or travel may be conducted.
            7. Heads of departments in charge of institutions  shall  have
          such  power with respect to health or safety of inmates thereof,
          including transportation of inmates to, from  and  between  such
          institutions.
            §  41. Waiver of type, weight and size limitations for certain
          vehicles. 1. As used in this section "public highway" shall mean
          and include any highway, road,  street,  avenue,  alley,  public
          place,  public driveway, parkway, bridge or any other public way
          in the state.
            2. Notwithstanding any  inconsistent  provision  of  law,  the
          state  commissioner  of  transportation,  whenever  he  deems it
          necessary in the interest  of  the  defense  effort,  may  issue
          permits  subject  to  such  conditions as he deems necessary for
          safety for the operation or movement upon any public highway  in
          the  state  of  vehicles or the combinations thereof, the types,
          weights or dimensions of which are inconsistent with  or  exceed
          the  restrictions  of  limitations  prescribed by or pursuant to
          law.

            § 42. Contracts for research work in health matters related to
          the defense emergency. The state commissioner of health and  the
          state   commissioner   of   mental  hygiene  shall  have  power,
          individually   and   collectively,   to   contract    for    the
          accomplishment  of  research  work  for  the armed forces of the
          United States or in connection with health  matters  related  to
          the  defense  emergency. They shall for such purpose have power,
          subject to the approval of the director of the budget, to obtain
          and  provide  the  necessary  personnel,  facilities,  material,
          equipment  and  supplies  for such work by contract, on the open
          market and without advertising or competitive bidding.
            § 43. Emergency health and sanitation areas. 1.  Whenever  the
          governor  shall  determine  that (a) because of the existence of
          any military or naval establishment of the United States, or  of
          any  other  establishment  or  facility constructed, enlarged or
          placed in operation subsequent to  June  twenty-fifth,  nineteen
          hundred  fifty  for  the  purposes  of or in connection with the
          defense effort, there has been an increase in the population  of
          any  area  in the state to such an extent as to produce problems
          of health and sanitation, or (b)  an  emergency  exists  as  the
          result  of  attack,  or  (c)  as  a result of conditions created
          directly or indirectly by the defense  effort,  insufficient  or
          inadequate   medical  or  health  personnel  or  facilities  are
          available in any area, he may, upon the  recommendation  of  the
          state commissioner of health or whenever he determines that such
          action  is deemed necessary for the protection of public health,
          designate any area in the state  so  affected  as  an  emergency
          health and sanitation area and fix the boundaries thereof.
            2.  Whenever a special emergency health and sanitation area is
          established, as herein provided, it shall be  the  duty  of  the
          local  board  or  boards  of health of the territory within such
          area, to make and enforce rules and regulations consistent  with
          the  provisions of the public health law (a) to prevent or limit
          the introduction or  spread  of  any  contagious  or  infectious
          disease and (b) to protect the public health within the area.
            3.  If  in  the  judgment  of the governor, any local board of
          health in the territory within such area is unable or  fails  to
          make   and  enforce  adequate  rules  and  regulations  for  the
          protection of the public health therein, he may direct the state
          commissioner of health  to  make  and  enforce  such  rules  and
          regulations,  and  for  this  purpose  the state commissioner of
          health is authorized and empowered to assume any or all  of  the
          powers  and  authority  now  or  hereafter conferred by law upon
          local boards of health.
            4.  Any  local  board  of  health  having  jurisdiction   over
          territory within an emergency health and sanitation area may, by
          application  in  writing,  request the commissioner of health to
          undertake the protection of the area over which the local  board
          has  jurisdiction.  Upon  his  approval of any such request, the
          state commissioner of health is hereby authorized and  empowered
          to  make  and enforce rules and regulations in such area and for
          this purpose, the state commissioner of health is authorized and
          empowered to assume any and  all  power  and  authority  now  or
          hereafter conferred by law upon local boards of health.
            5.  Whenever  the  governor has designated an emergency health
          and sanitation area because of the insufficiency  or  inadequacy
          of  medical  or  other health personnel or facilities, the state
          commissioner of health is authorized, directed and empowered  to

          designate,  appoint,  employ  for  service therein and supervise
          necessary medical and health personnel and to  make  such  other
          provisions  as  may be necessary or desirable for the protection
          of public health.
            6.   The  commissioner  of  health  is  hereby  authorized  to
          cooperate with and utilize the  services  of  local,  state  and
          federal   health   and   welfare  agencies  in  formulating  and
          effectuating state, interstate and federal health and sanitation
          programs.
            § 44. Emergency measures to protect milk supply. When  in  the
          opinion of the commissioner of health a milk or cream supply has
          been so contaminated as to be potentially dangerous to health or
          serious  curtailment  of such a supply is threatened as a result
          of accident, sabotage or enemy action, he is  hereby  authorized
          to  embargo  any  part  of any such milk or cream supply pending
          investigation and, notwithstanding any  contrary  provisions  of
          law,  to authorize the transfer of milk and cream from one plant
          to another or from one  political  subdivision  to  another  for
          pasteurization,  bottling  or  sale,  and to waive or modify any
          requirements,  regulations  or  standards   pertaining   to   or
          affecting   the   production,   processing,  handling,  storage,
          transportation, sale, resale or distribution of milk and  cream,
          or   any   operations   or  procedures  incident  thereto  until
          conditions warrant normal operation.
            §  46.  Production  and  sale  of  prison-made  articles   and
          materials  essential  to the defense effort. Notwithstanding any
          inconsistent provision of law, and during the defense emergency,
          under and pursuant to such regulations as may be adopted jointly
          by the state commissioner of correction, the state  commissioner
          of commerce and the state commissioner of general services which
          they  determine  will best utilize the labor of prisoners to aid
          the defense effort, equipment,  goods,  products,  articles  and
          materials  essential  to the defense effort may be manufactured,
          produced, processed, reprocessed, treated, altered  or  repaired
          in  any  prison,  reformatory,  penitentiary  or  jail  or other
          correctional  institution  in  the  state  with  the  labor   of
          prisoners  therein  and  distributed  or sold in accordance with
          such regulations. Such regulations may be  amended  or  repealed
          from  time to time but no such regulation or amendment or repeal
          thereof shall become effective until approved  by  the  council.
          All  of  the  provisions of article seven of the correction law,
          not  inconsistent  with  the  provisions  of  this  section   or
          inconsistent  with  the  regulations  adopted  pursuant  to this
          section, shall be applicable to the work performed  and  actions
          taken under the provisions of this section.
                                      ARTICLE 5
                POWER OF DISPENSATION FROM CERTAIN LIMITATIONS OF LAW
 
  Section 70. Definition.
          71. Dispensing power.
          72. Dispensing power on public work.
          73. Legislative standards and limits of dispensing power.
          74. Application for dispensation.
          75. Appeals.
          76. Misrepresentation.
          77. Liabilities under dispensation.
          78. Temporary  restriction  of  jurisdiction  of  the  board  of
                standards and appeals.

    § 70. Definition. As used in this article: "Defense work"  shall  mean
  noncombatant  service  performed in connection with (a) the manufacture,
  production and distribution of articles and materials for defense on  or
  for  contracts  for  the  armed  forces of the United States, or for any
  other  agency  of  the United States, or for any associated power of the
  United States, (b) any other work related  thereto,  or  (c)  any  other
  occupation,  activity  or  employment essential to the defense effort or
  necessary to promote and protect the public health and welfare  and  the
  safety and security of the people of the state.
    §  71. Dispensing power. Notwithstanding any inconsistent provision of
  law the industrial commissioner is hereby authorized, during the defense
  emergency and subject to  the  provisions  of  this  article,  to  grant
  dispensations  to  employers  engaged  in defense work from requirements
  imposed by or pursuant to law which prevent or  interfere  with  maximum
  possible   production  in  defense  work  and  to  permit  operation  or
  employment in such defense work (a) on a  seven  day  basis;  (b)  on  a
  multiple  shift  basis; (c) under waiver of section two hundred one-a of
  the labor law; or (d) under waiver of such other provisions  of  law  as
  may   regulate  or  restrict  operation,  hours,  equipment,  places  or
  conditions of employment, persons that may be employed, or types of work
  in which certain persons may engage.
    § 72. Dispensing power on public work. During  the  existence  of  the
  defense  emergency  and  subject  to the provisions of this article, the
  industrial commissioner and, on appeal, the  New  York  state  board  of
  standards  and  appeals  are hereby authorized to grant dispensations to
  prevent the provisions of subdivision two of section two hundred  twenty
  of  the  labor  law  from interfering with speedy construction of public
  work related to the defense effort and necessary for the success of  the
  defense  effort.  Conditions  and  restrictions  with  respect to hours,
  wages, equipment, places or conditions of employment, persons  that  may
  be employed, or types of work in which certain persons may engage may be
  imposed in connection with such dispensations. Such an application by an
  agency  of the state or of a political subdivision which will be a party
  to a public work contract may be made only prior to the letting of  such
  contract.
    §  73.  Legislative  standards  and  limits  of  dispensing power. The
  granting of dispensations pursuant to this article shall be  subject  to
  the following standards and limits:
    (a)  No  dispensation shall be granted to any employer with respect to
  the employment of minors under the age of sixteen;
    (b) No dispensation shall be granted for a period  in  excess  of  six
  months, provided, however, that upon reconsideration of all of the facts
  and  circumstances of a particular case, a continuance of a dispensation
  may be granted.
    (c) No dispensation shall be granted  which  does  not  safeguard  the
  health  and  welfare  of  the  worker  and  which is not demanded by the
  necessities of adjusting state policy to  requirements  of  the  defense
  effort.
    (d)  No  dispensation  shall  be  granted  to  any employer who can by
  utilization of available labor supply  or  by  organizational  or  other
  reasonable   adjustments  maintain  maximum  efficiency  and  production
  without such dispensation.
    (e) No dispensation shall be granted except where necessary to prevent
  the normal restrictions of law from interfering with the paramount  duty
  of maximum possible production in defense work.
    §  74.  Application for dispensation. 1. Employers in defense work may
  make applications for dispensation pursuant  to  this  article  in  such
  manner and upon such forms as the commissioner of labor shall prescribe.

  The  commissioner  of  labor  may, after hearing upon due notice, revoke
  dispensations not necessary to maintain maximum possible  production  in
  defense work.
    2.  Where  immediate  dispensation  is  necessary  in order to prevent
  interference with maximum  possible  production  in  defense  work,  the
  commissioner  of  labor  may grant such dispensation provisionally for a
  period not to exceed one month. Such a provisional dispensation  may  be
  revoked  upon  notice  if subsequent investigation demonstrates that the
  dispensation is unwarranted.
    § 75. Appeals.  Any  person  in  interest  who  is  aggrieved  by  any
  determination   of  the  industrial  commissioner  with  respect  to  an
  application for or grant, denial or revocation of a  dispensation  under
  this  article  may  appeal  to the New York state board of standards and
  appeals.  Such an appeal may be taken within twenty days after the  date
  notice  of  such  determination  is  given  to  the  applicant  by  such
  commissioner. The applicant for the dispensation shall have  the  burden
  of  proving  that  the  granting  or  continuance  of  a dispensation is
  warranted in his particular case. The  board  is  hereby  authorized  to
  affirm,   reverse   or   modify  any  determination  of  the  industrial
  commissioner under this article. The board shall order a hearing  if  it
  deems  a  hearing  necessary  in order to enable it to decide the issues
  raised. In a case where a hearing is  not  so  ordered,  the  board  may
  decide  the  appeal  upon written submissions. The determinations of the
  board upon questions of fact shall be  conclusive.  Within  twenty  days
  after  notice  of  the  determination  of  the  board  is  given  to the
  applicant, an appeal may be taken upon questions of law to the appellate
  division of the  supreme  court,  third  department.  The  filing  of  a
  petition of appeal with the board of standards and appeals in accordance
  with  that  board's  rules  of  procedure,  or the filing of a notice of
  appeal with  such  court,  shall  not  stay  the  determination  of  the
  industrial commissioner under this article.
    §  76.  Misrepresentation.  Any  person  who wilfully makes a material
  misrepresentation of fact or purpose to the industrial  commissioner  or
  to  the  board  of standards and appeals in an application or appeal for
  dispensation under this article is  guilty  of  a  misdemeanor  and  any
  dispensation  issued  upon the basis of such misrepresentation shall not
  constitute  a  defense  for  any  violation  of  the  law   from   which
  dispensation was thus obtained.
    §  77.  Liabilities  under dispensation. Except as provided in section
  seventy-six of this act, no  person,  firm  or  corporation  engaged  in
  defense  work to whom a dispensation granted pursuant to this article is
  in effect, shall be liable, under any penal or civil law, for  operation
  or employment as authorized in such dispensation.
    §  78. Temporary restriction of jurisdiction of the board of standards
  and appeals. For the limited purposes  and  duration  of  this  article,
  subdivision  five  of  section one hundred sixty-one of the labor law is
  hereby modified so as to relieve the board of standards and  appeals  of
  jurisdiction  to  grant  variations  thereunder  to employers engaged in
  defense work and sole authority to grant dispensations hereunder to such
  employers is hereby vested in the  industrial  commissioner  subject  to
  appeal as provided in section seventy-five hereof. In other respects the
  jurisdiction   of   the  board  of  standards  and  appeals  remains  as
  established.
                                  ARTICLE 6
         CLOSING OR RESTRICTING USE OF HIGHWAYS; POSTING OF PROPERTY
 
  Section 80. Definitions.

          81. Petition to close or restrict use of travel upon highways or
                to post property.
          82. Order   of   commissioner  closing  or  restricting  use  of
                highways.
          83. Authority to post.
          84. Violations; penalty.
          85. Powers of peace officers.
          86. Construction.
    § 80. Definitions. As used in this article the following  terms  shall
  mean and include:
    1. "Highway." Any private or public highway, street, way, waterway, or
  other place used for travel.
    2. "Commissioner." The state commissioner of transportation.
    §  81. Petition to close or restrict use of travel upon highways or to
  post property. (a) Any  agency  of  the  United  States  engaged  in  or
  concerned  with the defense effort, (b) any agency of the state, (c) the
  chief  executive  officer  or  the  governing  body  of  any   political
  subdivision  of the state or (d) an individual, partnership, association
  or corporation using or preparing to use  real  property  in  connection
  with  the operation of a public utility, an airport, a dock, or a wharf,
  or  the  manufacture,  transportation,  distribution   or   storage   of
  explosives,  firearms, inflammable liquids, gas, oil, coal, electricity,
  water or any product to be used in the defense effort by this state,  of
  any  state  of  the  United  States,  or a political subdivision, by the
  United  States  or  any  associated  power  thereof,  may  petition  the
  commissioner for an order to close or to direct the appropriate official
  or body to close to public use and travel and to restrict public use and
  travel  upon,  any highway or part thereof or to post property, on which
  such use and  travel  or  entrance  by  the  general  public  is  deemed
  dangerous to the public safety and security or to the defense effort, or
  to the safety of property of the petitioner.
    § 82. Order of commissioner closing or restricting use of highways. 1.
  If  the  commissioner  is satisfied that the public safety and security,
  the defense effort, or the safety  of  property  of  the  petitioner  so
  require,  he  shall,  in the case of a highway under his supervision and
  control, make an order closing to public use and  travel  or  reasonably
  restricting  the use of and travel upon such highway or part thereof; in
  the case of a highway not under his supervision  and  control  he  shall
  make  an  order  directing  the  appropriate  official  or  body  having
  supervision and control of such highway or  part  thereof  to  close  to
  public  use  and  travel  or  restrict  the  use of and travel upon such
  highway or part thereof, in accordance with the terms of such order.
    2. Copies of the order shall be filed as follows:
    (a) One copy in the office of the council, one copy in the  office  of
  the  state  department  of transportation, and one copy in the office of
  the department of state;
    (b) If any portion of such a highway is part of  a  county  road,  one
  copy  of  the  order  shall  be  filed  in  the  office  of  the  county
  superintendent of highways and one in the office of  the  clerk  of  the
  board of supervisors of the county affected by the order;
    (c)  If  any  portion of such a highway is part of a town highway, one
  copy  of  the  order  shall  be  filed  in  the  office  of   the   town
  superintendent  of  highways  and one in the office of the town clerk of
  the town affected by the order;
    (d) If any portion is a city street or part of a city street, the copy
  of such order shall be filed in the office of the city clerk of the city
  affected by the order; and

    (e) If any portion is a village street or part of  a  village  street,
  the copy of such order shall be filed in the office of the village clerk
  of the village affected by the order.
    3. The commissioner shall post and keep posted or authorize and direct
  the  appropriate official or body having such supervision and control to
  post and keep posted appropriate  notices  in  letters  at  least  three
  inches high reading "Closed By Order Under State Defense Emergency Act."
  Such  notices shall be posted conspicuously at each end and intersection
  of any highway or part thereof so closed or restricted by such order; in
  the case of a waterway such notices shall  be  posted  conspicuously  at
  such  locations and in such manner as in the opinion of the commissioner
  will  reasonably  place  the  public  on  notice  of  such  closing   or
  restriction.  The commissioner, in addition, in a proper case may in his
  discretion order, authorize and direct the petitioner or the appropriate
  office or body having such supervision and control to erect and maintain
  suitable and sufficient barricades across any highway or portion thereof
  to close and prevent individuals from entering the same or  to  restrict
  public  use  and  travel  thereon;  in  the  case of a highway under his
  supervision and control, such an order may provide for such barricades.
    4. The commissioner may revoke or modify any  order  theretofore  made
  and  shall  cause or require copies of such a revocation or modification
  to be filed in the same offices as the original order.
    5. In the case of any order to close and barricade a highway  or  part
  thereof  within,  adjacent  to  or  in  the  vicinity  of a reservation,
  installation or facility maintained by the armed forces  of  the  United
  States, the provisions of any law relating to the maintenance and repair
  of  streets and highways in the state and applicable to the state, or to
  any political subdivision of the state, shall be deemed to be  suspended
  from  the  date  notices  are  so  posted and barricades, if any, are so
  erected until the order of the commissioner  shall  be  revoked  or  the
  reservation, installation or facility shall cease to be maintained under
  the  jurisdiction  of  such  armed  forces.  Neither  the state, nor any
  political subdivision shall be liable for damages to persons or property
  sustained on any such highway or portion thereof from and after the date
  of posting of such notices and the erection of such barricades, if  any,
  until  the  order  of  the  commissioner is revoked or such reservation,
  installation  or  facility  shall  cease  to  be  maintained  under  the
  jurisdiction of such armed forces; provided that during such period such
  notices and barricades, if any, shall continue to be maintained suitably
  in accordance with the order of the commissioner.
    6.  Nothing in this section shall prevent the lawful temporary closing
  of any highway or part thereof otherwise authorized by  or  pursuant  to
  law.
    §  83.  Authority  to  post. If the commissioner is satisfied that the
  public safety or security, the defense effort or the safety of  property
  of  the  petitioner so require, he may grant a petition to post property
  and issue an order authorizing the petitioner to post any part of or all
  such property, whether enclosed or not, with a sign or signs reading "No
  Entry Without Permission By Order Under State  Defense  Emergency  Act."
  Such  sign or signs shall be placed in such locations and in such manner
  as the commissioner shall approve as reasonably to place the  public  on
  notice  that  such  premises  so  posted  are  not to be entered without
  permission of the owner or person in charge thereof.
    § 84. Violations; penalty. 1. Any  person  who  wilfully  violates  an
  order made pursuant to this article shall be guilty of a misdemeanor and
  be  punished  upon  conviction  by an imprisonment for not more than ten
  days, or a fine of not more fifty dollars, or both.

    § 85. Powers of peace officers.   Any  peace  officer  or  any  person
  employed  as  watchman,  guard  or in a supervisory capacity on premises
  posted in accordance with the provisions of section eighty-three of this
  act may stop any person found on any premises so posted and  may  detain
  him  for  the  purpose  of  demanding,  and may demand, of him his name,
  address and reason for being in such place. If  such  peace  officer  or
  employee  has  reason  to  believe  from  the  answers  of the person so
  interrogated  or  from  his  behavior  or  other  attendant   facts   or
  circumstances  that  such  person does not have permission to be in such
  place, such peace officer may forthwith arrest  such  person  without  a
  warrant  on  the  charge  of violating the provisions of such section or
  such employee may forthwith turn him over to a peace  officer,  who  may
  arrest  him  without a warrant on the charge of violating the provisions
  of such section.
    § 86. Construction. Nothing in this article shall impair,  curtail  or
  destroy   the   rights   of   employees   or  their  representatives  to
  self-organization, to  form,  join  or  assist  labor  organizations  to
  bargain collectively through representatives of their own choosing or to
  engage  in  lawful  concerted  activities  for the purpose of collective
  bargaining or other mutual aids or protection.
                                   ARTICLE 7
                                   Banking
 
  Section 90. Definitions.
          91. Change of location.
          92. Emergency boards of directors.
          93. Powers of the superintendent.
          95. General provisions.
    § 90. Definitions. 1. "Institution," when used in this article,  shall
  mean  and include any banking organization or licensed lender within the
  meaning of such terms as defined in section two of the banking law,  any
  branch  or  agency  of  a  foreign  banking  corporation  licensed to do
  business in this state pursuant to article two of such law,  any  casher
  of  checks  licensed  pursuant  to  article nine-A of such law, any bank
  holding company within the meaning of such term as  defined  in  section
  one  hundred  forty-one  of  such law, the New York business development
  corporation created by article five-A of such law, the savings and  loan
  bank  of  the  state  of New York organized pursuant to article ten-B of
  such law, any mutual trust  investment  company  organized  pursuant  to
  article  twelve-A of such law, any fund as defined in subdivision two of
  this section, and any branch or office of any institution.
    2. "Fund," when used in this article, shall mean any fund  established
  pursuant  to  article  six-B,  article ten-A or article eleven-A of such
  law, of which fund there is a board of individual trustees.
    3. "Corporate institution," when used in this article, shall mean  any
  institution which is a corporation organized under the laws of the state
  of  New  York  and,  insofar  as  the  provisions  of  this  article may
  appropriately apply thereto, any fund.
    4. "Charter," when used in this article, shall mean  and  include  the
  certificate   of   organization   or   incorporation   or   special  law
  incorporating a corporation together with its bylaws, or  the  agreement
  establishing a fund.
    5.  "Acute  emergency,"  when  used  in  this  article,  shall  mean a
  condition in which,  by  reason  of  loss  of  life,  epidemic  disease,
  destruction   or  damage  of  property,  contamination  of  property  by
  radiological, chemical or bacteriological means, or  disruption  of  the
  means  of transportation and communication, resulting from an attack, it
  is impossible or  impracticable  for  any  institution  to  conduct  its

  ordinary  business  in  compliance with the laws other than this article
  and, if a corporate institution, in compliance with  the  provisions  of
  its charter.
    6.  "Director"  and  "board  of directors," when used in this article,
  shall include respectively "trustee" and "board of trustees,"  including
  an individual trustee and a board of individual trustees of any fund.
    7.  "Acting  director" and "acting officer" when used in this article,
  shall mean, respectively, an acting director or acting  officer  elected
  or appointed in accordance with the provisions of this article.
    8. "Quorum," when used in this article, shall mean with respect to any
  item  of  business  which  may come before any meeting of directors of a
  corporate institution the minimum number of directors  required  by  the
  provisions  of  law  other  than this article and by the charter of such
  institution to be present for valid action to be taken at  such  meeting
  with respect to such business.
    9.  "Superintendent,"  when  used  in  this  article,  shall  mean the
  superintendent of financial services.
    § 91. Change of location. Any institution, without complying with  any
  provision  of  law  requiring  approval or application for approval of a
  change of location of its place or places of business, may from time  to
  time  change  the location of any of its places of business with respect
  to which an acute emergency exists to another location within this state
  which shall be as near as practicable to the place at which  such  place
  of  business  was  located  at  the  commencement of the period of acute
  emergency, and may carry on its business at  such  new  location  during
  such period of acute emergency and thereafter for a reasonable time. Any
  institution  changing  the location of any place of business pursuant to
  the provisions of this paragraph shall notify the superintendent thereof
  in writing as soon as practicable before  or  after  the  date  of  such
  change,  stating  the address of the place of business whose location is
  being changed, the address of  the  location  to  which  such  place  of
  business is being changed, and the dates when the institution is ceasing
  to  do  business at the former location and commencing to do business at
  the latter location.
    § 92. Emergency boards of directors. 1. Notwithstanding any other  law
  or  any  provision  of  the  charter of any corporate institution to the
  contrary, if at any time during a period of acute emergency with respect
  to any corporate institution, no  person  otherwise  empowered  to  call
  meetings  of the board of directors of such institution shall be present
  and capable of acting, meetings of directors and acting directors may be
  called by any director or acting director, or if no director  or  acting
  director  be  present  and  capable  of acting, by any officer or acting
  officer. If it shall be impracticable or impossible to give notice of  a
  meeting  of  directors or acting directors of such an institution in the
  manner otherwise prescribed, the person calling such a meeting may  give
  notice  thereof  by  making such reasonable efforts as circumstances may
  permit to notify each director and acting director of the meeting.  Such
  notification  may  be  oral  or  written, and shall specify the time and
  place of the meeting, but need not specify the purposes thereof. Failure
  of any director or acting director to receive actual notice of a meeting
  of directors and acting directors shall not  affect  the  power  of  the
  directors  and  acting directors present at such meeting to exercise the
  powers of an emergency board of directors as prescribed in this section.
  Nothing contained in this article shall  be  construed  as  requiring  a
  meeting of directors of such an institution to be convened in any manner
  different  from  that prescribed by its charter and by the provisions of
  law other than this article.

    2. The directors and acting directors of any corporate institution, if
  three or more in number, who are present at any meeting convened  during
  a  period of acute emergency affecting such institution pursuant to call
  made or notice given in the manner described in subdivision one of  this
  section  or at any meeting convened during such period pursuant to other
  lawful call  and  notice  at  which  a  quorum  is  not  present,  shall
  constitute  an  emergency  board of directors which, notwithstanding any
  provision of the charter of such institution or  any  provision  of  law
  other  than  this article to the contrary, shall have the power, subject
  to the limitations prescribed in this article, by  a  majority  of  such
  persons  present, to take any and every action which may be necessary to
  meet the exigencies of the acute emergency or to enable such institution
  to conduct its business during such period, but  no  other  powers.  The
  powers of an emergency board of directors shall include but shall not be
  limited to the following powers:
    (a)  At  any  meeting,  to  elect such acting directors as it may deem
  necessary, without  regard  to  the  number  of  directors  which  would
  otherwise be required, to serve in any positions on such board which are
  vacant  or  in place of any directors or acting directors who are absent
  from such meeting, but not to elect any director on a permanent basis.
    (b) To elect such acting officers as it may  deem  necessary,  without
  regard  to  the number of officers which would otherwise be required, to
  serve in any offices which are vacant or in place  of  any  officers  or
  acting  officers  who fail to appear and assume their duties, to fix the
  compensation and determine the powers and duties of acting officers  and
  to  remove  acting officers but not to remove any officer or to fill any
  vacancy on a permanent basis or to cause the institution to  enter  into
  any contract of employment for a term of over one year.
    (c)  To  cause  the  institution  to change the location of any of its
  places of business pursuant to section ninety-one of this  chapter,  and
  to authorize such action as it may deem appropriate to acquire space and
  facilities  at the new locations, but not to acquire any property in fee
  or for a term of over one year.
    (d) To  postpone  any  meeting  of  the  stockholders  or  members  or
  directors  of  such  institution,  or any directors' examination of such
  institution if, in the judgment of the majority of the members  of  such
  emergency  board  of  directors,  it would be impracticable to hold such
  meeting or conduct such examination at the time it would otherwise  have
  been held or conducted.
    (e)  If  it  shall  appear  to  an emergency board of directors that a
  quorum of the board of directors cannot be assembled within a reasonable
  time,  to  call  a  meeting  of  the  stockholders  or  members  of  the
  institution  to  be  held  as  soon  as the circumstances may reasonably
  permit, at a place to be designated by the emergency board of  directors
  within  this  state  or  a contiguous state, for the purpose of electing
  directors to fill vacancies on the board of directors, but for no  other
  purpose,  and  to  propose  nominees  for  such  election. No meeting of
  stockholders or members shall be held pursuant to such call except  upon
  notice  given  in  accordance with the provisions of law other than this
  article and the charter of the institution.
    3. As soon as practicable after each meeting of an emergency board  of
  directors,   the   person   who   presided   thereat  shall  notify  the
  superintendent in writing of the time and place of such meeting, of  the
  efforts  made  to  give  notice  thereof  to  the  directors  and acting
  directors who failed to appear, of the persons present at such  meeting,
  of  any  changes in the directors, acting directors, officers and acting
  officers and of all actions taken at such meeting.

    4. No person prohibited by law  or  by  the  charter  of  a  corporate
  institution  from  serving  as  a  director of such institution shall be
  eligible to serve as an acting director except that no person  shall  be
  disqualified to serve as an acting director by reason of his not being a
  stockholder  of  such institution, by reason of his not being a resident
  of this state or of a contiguous state, or by reason of  the  number  of
  the  directors  or acting directors who are officers, acting officers or
  employees of the institution.    Any  person  may  serve  as  an  acting
  director of a fund who is a director, acting director, officer or acting
  officer of an institution which is a party to the agreement creating the
  fund.  No oath of acting directors shall be required.
    5. Acting directors elected pursuant to the provisions of this section
  or  appointed pursuant to the provisions of section ninety-three of this
  chapter shall be entitled to notice of and to vote at all meetings of an
  emergency board of directors equally with  directors.  Acting  directors
  shall  not  be  entitled to take part in the deliberations or to vote at
  any meeting of directors duly convened in accordance with the applicable
  provisions of law other than this section and with the provisions of the
  charter of the institution  at  which  a  quorum  of  the  directors  is
  present.   Each acting director shall serve until the director or acting
  director in whose place he was  elected  or  appointed  shall  attend  a
  meeting or until a director is duly elected to fill the vacancy in which
  such  acting  director  has  been  serving,  whichever  event occurs the
  earlier. Acting directors shall be entitled to any compensation  payable
  to directors.
    6.  Acting  officers  elected  pursuant to this subdivision shall have
  such powers and duties and receive such compensation as may from time to
  time be determined by the board of directors or an  emergency  board  of
  directors.  Each  acting  officer shall serve until the officer in whose
  place he was elected shall appear and assume his  duties  or  until  his
  successor  officer  or  acting officer shall be elected, whichever event
  occurs the earlier.
    § 93. Powers of the superintendent. 1. In the event that at  any  time
  during  a  period  of acute emergency, the number of directors or acting
  directors of an institution which is a corporation who are  present  and
  capable  of  acting  shall  be less than three, the superintendent shall
  have the power to designate additional acting directors in  such  number
  as  will bring to three the number of directors and acting directors who
  are present and capable of acting.
    2. Upon a determination that such action will tend to promote the safe
  and sound and orderly conduct of the business of any institution  or  to
  prevent  controversy  as to the power of any group of persons purporting
  to act as an emergency board of directors so to act, the  superintendent
  shall  have power to issue orders declaring that any such group shall or
  shall not have the  powers  of  an  emergency  board  of  directors,  or
  confirming,  modifying  or vacating in whole or in part any action taken
  or purportedly taken by any such group or removing any acting director.
    3. (a) At any time after an attack, upon his determination  that  such
  action  will  tend to promote certainty as to the powers of institutions
  or individuals pursuant to this article or that such action is desirable
  to enable institutions to take  preparatory  precautions  prior  to  the
  occurrence of an acute emergency, the superintendent shall have power to
  declare that any provision of this article which he may specify shall be
  operative  with  respect to any institution which he may designate. Upon
  such declaration such institution and its  directors,  officers,  acting
  directors  and  acting  officers shall have all powers conferred by such
  provisions of this article. The failure  of  the  superintendent  so  to
  declare  shall  not  be deemed to limit the powers of any institution or

  its directors, officers, acting directors or acting  officers  where  an
  acute emergency exists in fact.
    (b)  At any time after the commencement of an acute emergency or after
  the superintendent shall have declared any  provision  of  this  article
  operative  pursuant  to  paragraph  (a)  of  this  subdivision, upon his
  determination that an institution is able, in whole or in part, to carry
  on its business in compliance with its charter and the laws  other  than
  this  article,  the  superintendent shall have power to declare that any
  provision of this article which he may specify shall be inoperative with
  respect  to  any  institution  which  he  may   designate.   Upon   such
  declaration,  such  institution shall be governed by its charter and the
  provisions of law other than  this  article,  except  insofar  as  other
  provisions of this article remain operative.
    4. Upon his determination that, as a result of an acute emergency, the
  business  and affairs of an institution cannot otherwise be conducted in
  a  safe  and  sound  manner,  the  superintendent  may  forthwith   take
  possession  of  the  institution  and  its  business  and  property. The
  provisions of section six hundred six through  six  hundred  thirty-two,
  inclusive,  of  the banking law shall be applicable in any case in which
  the superintendent takes possession of an institution pursuant  to  this
  subdivision  as  though  the  institution were a banking organization or
  foreign banking  corporation  of  which  the  superintendent  had  taken
  possession  pursuant to section six hundred six of such law, except that
  no such provision shall be applicable  which  the  superintendent  shall
  have   declared   inapplicable   pursuant   to   this  subdivision.  The
  superintendent  shall  have  power  to  declare  inapplicable  any  such
  provision  upon  his  determination  that  the  same is inappropriate or
  unnecessary to protect the interests of the public or  the  stockholders
  or  creditors of the institution, in view of the acute emergency and the
  nature of the institution. This subdivision shall not  be  construed  as
  conferring upon the superintendent the power to declare inapplicable the
  provisions of section six hundred seven of such law.
    5.  The  superintendent shall have power to issue general and specific
  regulations, directives and orders consistent with and in furtherance of
  the purposes of this article.
    § 95. General provisions. 1. In any action or proceeding it  shall  be
  presumed that a condition of acute emergency existing within any city or
  county  within the state constitutes a condition of acute emergency with
  respect to every institution within such city or county.
    2. The board of directors of every corporate institution shall, during
  any period of acute emergency, have all of the powers  of  an  emergency
  board  of  directors as provided by this article. This article shall not
  be construed as limiting  the  powers  of  any  institution  or  of  the
  stockholders   or  members  or  board  of  directors  of  any  corporate
  institution.
    3. This article shall not be construed as permitting or requiring  any
  corporation  organized  under  the laws of any other state of the United
  States or of any foreign country, or of  Puerto  Rico,  or  any  branch,
  office,  or  agency  of  such  corporation,  or  the board of directors,
  officers, or stockholders of any such corporation to do  anything  which
  they   could  not  lawfully  and  validly  do  under  the  laws  of  the
  jurisdiction under whose laws such corporation was organized.
                                  ARTICLE 7-A
                                  Insurance
 
  Section 96.   Definitions; interpretation of article.
          97.   Emergency by-laws.
          98.   Changes of location; emergency boards of directors.

          99.   Powers of the superintendent.
          99-a. General provisions.
    §  96.  Definitions;  interpretation  of article. 1. When used in this
  article, the following terms shall mean and include the following:
    (a)  "Organization"--any  insurer,  rating  organization,  service  or
  advisory   organization,  joint  underwriting  association,  welfare  or
  pension fund, which is subject, in whole or in part,  to  the  insurance
  law of this state.
    (b)  "Domestic organization"--any "organization" which is domiciled in
  this state, including, insofar as the provisions  of  this  article  may
  appropriately  apply  thereto,  any  welfare  or  pension fund or United
  States branch of an alien insurer.
    (c) "Charter"--the certificate of  organization  or  incorporation  or
  special  law  incorporating  a corporation together with its by-laws, or
  the agreement establishing a  fund  or  association  together  with  its
  constitution and by-laws.
    (d)  "Acute  emergency"--a period in which, by reason of loss of life,
  epidemic disease, destruction or damage of  property,  contamination  of
  property   by   radiological,  chemical  or  bacteriological  means,  or
  disruption of the means of transportation and  communication,  resulting
  from  an  attack, as defined in subdivision two of section three of this
  chapter, it is impossible or impracticable for the business of insurance
  in this state to be conducted in strict accord with  the  provisions  of
  law or "charters" applicable thereto.
    (e)  "Board"--the  board of directors, board of trustees, committee or
  similar body having control of the affairs of an "organization."
    (f) "Director"--a director, trustee, or member of a "board".
    (g) "Acting director"--an acting "director" elected  or  appointed  in
  accordance with this article.
    (h) "Officer"--an officer of a "domestic organization".
    (i) "Acting officer"--an acting "officer" appointed in accordance with
  this article.
    (j)  "Quorum"--the  minimum  number of "directors" required by charter
  and law other than this article, to be present for valid  action  to  be
  taken  at a meeting of a "board" with respect to each particular item of
  business which may come before such meeting.
    (k) "Superintendent"--the  superintendent  of  financial  services  or
  person  duly  designated to exercise the powers of that office during an
  "acute emergency".
    2. This article does not, and shall not be  construed  to,  limit  the
  powers  of  any organization or permit or require any organization which
  is not domiciled in this state or any branch, office, or agency of  such
  organization  or  the  directors,  officers,  members,  policyholders or
  stockholders of any such organization to act, or fail to  act,  in  such
  fashion  as  would  violate  the  laws  of the jurisdiction wherein such
  organization has its domicile.
    § 97. Emergency by-laws. 1. With the approval of  the  superintendent,
  any domestic organization may, at any time, adopt, in the same manner as
  in  the  case of ordinary by-laws, emergency by-laws to become operative
  during a period  of  acute  emergency.  Emergency  by-laws  may  contain
  provisions  with  respect  to  the number of directors capable of acting
  which shall constitute its board, the number  of  such  directors  which
  shall constitute a quorum at a meeting of the board, the number of votes
  necessary for action by such board, the manner in which vacancies on the
  board  shall  be filled, the line of succession of its officers, and the
  interim management of the affairs of the organization; such  provisions,
  if approved by the superintendent, need not comply with the requirements
  of  the  charter  of  such  domestic  organization  or  of  the  general

  corporation law, the stock corporation  law,  the  business  corporation
  law, the membership corporation law and the insurance law.
    2. Except as provided in subdivision two of section ninety-nine-a, the
  provisions of subdivisions two through seven of section ninety-eight and
  the  subdivisions  two  and  three  of  section ninety-nine shall not be
  applicable,  during  a  period  of  acute  emergency,  to  any  domestic
  organization  operating in accordance with emergency by-laws approved by
  the superintendent to the extent that the procedures set forth  in  such
  emergency by-laws relate to subject matter contained in subdivisions two
  through seven of section ninety-eight.
    §   98.   Change  of  location;  emergency  boards  of  directors.  1.
  Notwithstanding any provision of its charter, any domestic organization,
  without complying with  any  provision  of  law  requiring  approval  or
  application  for  approval  of  a  change  of  location of its principal
  office, may from time to time change  the  location  thereof  during  an
  acute emergency to a suitable location within the United States, and may
  carry  on  its business at such new location during such acute emergency
  and for a reasonable time thereafter. Any organization which changes the
  location of its principal office during an acute emergency shall  notify
  the  superintendent  thereof  in writing as soon as practicable, stating
  the address of the new location, the address of the former location, and
  the dates when business is ceasing at the former location and commencing
  at the latter location.
    2. Notwithstanding any contrary provision of law or of its charter, if
  at  any  time  during  an  acute  emergency   affecting   any   domestic
  organization,  no  person  otherwise  empowered  to call meetings of its
  board is capable of acting, a meeting  thereof  may  be  called  by  any
  director  or  acting  director,  or if no director or acting director is
  capable of acting, by any officer or acting  officer.  If  it  shall  be
  impracticable  or impossible to give notice of a meeting of the board in
  the manner prescribed by charter and law other than  this  article,  the
  person  calling  such  a  meeting may give notice thereof by making such
  reasonable efforts as circumstances may permit to notify  each  director
  and  acting  director of the time and place of the meeting, but need not
  specify the purposes thereof. Failure of any director or acting director
  to receive actual notice of a meeting of directors and acting  directors
  shall not affect the power of the directors and acting directors present
  at  such  meeting  to  exercise  the  powers  of  an  emergency board of
  directors as prescribed in  this  section.  Nothing  contained  in  this
  article  shall  be construed as requiring a meeting of the board of such
  an organization to  be  convened  in  any  manner  different  from  that
  prescribed  by  its charter and by the provisions of law other than this
  article.
    3. If three or more directors and/or acting directors of any  domestic
  organization  are  present  at  any  meeting  of its board duly convened
  during an acute emergency affecting  such  domestic  organization,  they
  shall constitute its emergency board of directors which, notwithstanding
  any  contrary  provision of law or of its charter, shall have the power,
  subject to the limitations prescribed in this article, by a majority  of
  those  present,  to  take any and every action which may be necessary to
  enable such domestic organization to meet the exigencies  of  the  acute
  emergency  and  conduct  its  business  during such period, but no other
  powers. The powers of an emergency board of directors shall include  but
  shall not be limited to the following powers:
    (a)  At  any  meeting,  to  elect such acting directors as it may deem
  necessary, without  regard  to  the  number  of  directors  which  would
  otherwise be required, to serve in any positions on such board which are

  vacant  or  in place of any directors or acting directors who are absent
  from such meeting, but not to elect any director on a permanent basis.
    (b)  To  elect  such acting officers as it may deem necessary, without
  regard to the number of officers which would otherwise be  required,  to
  serve  in  any  offices  which are vacant or in place of any officers or
  acting officers who fail to appear and assume their duties, to  fix  the
  compensation  and determine the powers and duties of acting officers and
  to remove acting officers but not to remove any officer or to  fill  any
  vacancy  on a permanent basis or to cause the organization to enter into
  any contract of employment for a term of over one year.
    (c) To cause the organization to change the location of its  principal
  office,  pursuant  to  subdivision  one  hereof, or any of its places of
  business, and to authorize such action as it  may  deem  appropriate  to
  acquire  space  and  facilities at the new locations, but not to acquire
  for use as its principal office property in fee or for a  term  of  over
  one year.
    (d)  To  postpone  any  meeting  of the stockholders, policyholders or
  members or directors of such organization if, in  the  judgment  of  the
  majority  of  the members of such emergency board of directors, it would
  be impracticable to hold such meeting at the  time  it  would  otherwise
  have been held or conducted.
    (e)  If  it  shall  appear  to  an emergency board of directors that a
  quorum of the board cannot be assembled within  a  reasonable  time,  to
  call  a  meeting  of  the stockholders, policyholders, or members of the
  organization to be held as soon  as  the  circumstances  may  reasonably
  permit,  at a place to be designated by the emergency board of directors
  within this state or a contiguous state, for  the  purpose  of  electing
  directors  to fill vacancies on the board, but for no other purpose, and
  to propose nominees for such election. Any such meeting of stockholders,
  policyholders, or members shall be held upon notice given in  accordance
  with  the charter of the organization and applicable law other than this
  article.
    4. As soon as practicable after each meeting of an emergency board  of
  directors,   the   person   who   presided   thereat  shall  notify  the
  superintendent in writing of the time and place of such meeting, of  the
  manner in which notice thereof was given, of the persons present, and of
  all actions taken at such meeting.
    5.  No  person  prohibited  by  law  or  by  the charter of a domestic
  organization from serving as a member of its board shall be eligible  to
  serve  as an acting director except that no person shall be disqualified
  to serve as an acting director by reason of his not being a stockholder,
  policyholder or member of such organization, by reason of his not  being
  a  resident  of this state or of a contiguous state, or by reason of the
  number of the directors or acting directors  who  are  officers,  acting
  officers  or  employees  of the organization. Any person may serve as an
  acting director of a fund who is a director, acting director, officer or
  acting officer of an organization which is  a  party  to  the  agreement
  creating the fund. No oath of acting directors shall be required.
    6. Acting directors elected pursuant to the provisions of this section
  or  appointed  pursuant to the provisions of section ninety-nine of this
  article shall be entitled to notice of and to vote at all meetings of an
  emergency board of directors equally with  directors.  Acting  directors
  shall  not  be  entitled to take part in the deliberations or to vote at
  any meeting of the board which is duly convened in accordance  with  the
  applicable  provisions of its charter and of law other than this article
  and at which a quorum is present. Each acting director shall serve until
  the director or acting  director  in  whose  place  he  was  elected  or
  appointed  shall  attend  a  meeting of the board or until a director is

  duly elected to fill the vacancy in which such acting director has  been
  serving,  whichever  event  occurs  earlier. An acting director shall be
  entitled to the compensation, if any, payable to a director.
    7.  Acting  officers  elected pursuant to this section shall have such
  powers and duties and receive such compensation as may from time to time
  be determined by the board or emergency board of directors. Each  acting
  officer  shall  serve  until  the  officer in whose place he was elected
  shall appear and assume his duties or until  his  successor  officer  or
  acting officer shall be elected, whichever event occurs earlier.
    §  99. Powers of the superintendent. 1. If at any time during an acute
  emergency, the number of directors or acting  directors  of  a  domestic
  organization  who  are  capable  of acting shall be less than three, the
  superintendent shall have  the  power  to  designate  additional  acting
  directors  in such number as will bring to three the number of directors
  and acting directors who are capable of acting.
    2. To resolve controversy as to the power  of  any  group  of  persons
  purporting  to  act  as  an  emergency board of directors so to act, the
  superintendent shall, upon a determination that such action will tend to
  promote the safe and sound and orderly conduct of the  business  of  any
  domestic  organization,  have  power  to issue orders declaring that any
  such group shall or shall not have the powers of an emergency  board  of
  directors,  or confirming, modifying or vacating in whole or in part any
  action taken or purportedly taken by any  such  group  or  removing  any
  acting director.
    3.  (a)  At any time after an attack, upon his determination that such
  action will tend to promote certainty as to the powers of  organizations
  or individuals pursuant to this article or that such action is desirable
  to  enable  organizations  to  take preparatory precautions prior to the
  occurrence of an acute emergency, the superintendent shall have power to
  declare that any provision of this article which he may specify shall be
  operative with respect to any domestic organization or to the  New  York
  business  of  any  other organization which he may designate.  Upon such
  declaration  such  organization  and  its  directors,  officers,  acting
  directors  and  acting  officers shall have all powers conferred by such
  provisions of this article. The failure  of  the  superintendent  so  to
  declare  shall  not be deemed to limit the powers of any organization or
  its directors, officers, acting directors or acting  officers  where  an
  acute emergency exists in fact.
    (b)  At any time after the commencement of an acute emergency or after
  the superintendent shall have declared any  provision  of  this  article
  operative  pursuant  to  paragraph  (a)  of  this  subdivision, upon his
  determination that an organization is able, in  whole  or  in  part,  to
  carry  on its business in compliance with its charter and the laws other
  than this article, the superintendent shall have power to  declare  that
  any  provision of this article which he may specify shall be inoperative
  with respect to any domestic organization or to the New York business of
  any other organization which he may designate.  Upon  such  declaration,
  such organization shall be governed by its charter and the provisions of
  law  other than this article, except insofar as other provisions of this
  article remain operative.
    4. Upon his determination that, as a result of an acute emergency, the
  business and affairs of an organization cannot otherwise be conducted in
  a  safe  and  sound  manner,  the  superintendent  may  forthwith   take
  possession  of the business and property of the organization within this
  state or, if a domestic organization its business and property  wherever
  situated. The provisions of sections five hundred seventeen through five
  hundred twenty-four, inclusive, of the insurance law shall be applicable
  in  any  case  in  which  the  superintendent  takes  possession  of  an

  organization pursuant to this subdivision  as  though  the  organization
  were  an  insurer which the superintendent had taken possession pursuant
  to sections five hundred twelve and five hundred sixteen  of  such  law,
  except   that   no   such   provision  shall  be  applicable  which  the
  superintendent  shall  have  declared  inapplicable  pursuant  to   this
  subdivision. The superintendent shall have power to declare inapplicable
  any such provision upon his determination that the same is inappropriate
  or   unnecessary   to  protect  the  interests  of  the  public  or  the
  stockholders or creditors of the organization,  in  view  of  the  acute
  emergency and the nature of the organization.
    5. The powers given the superintendent by subdivisions two and four of
  this  section  shall be exercised by him only in the event that there is
  no court of competent jurisdiction available to which an application can
  be made for an order permitting him to exercise such powers with respect
  to  a  particular  organization;  provided,  further,  that  the  powers
  conferred  by  subdivision four shall not be exercised in the case of an
  organization which is  not  insolvent  within  the  meaning  of  section
  ninety-three  of the insurance law, unless the superintendent finds that
  such organization lacks personnel able to manage  its  business  in  the
  interests of the public, its stockholders and policyholders.
    6.  The  superintendent shall have power to issue general and specific
  regulations, directives and orders consistent with and in furtherance of
  the purposes of this article.
    § 99-a. General provisions.  1. In any action or proceeding  it  shall
  be  presumed  that an acute emergency existing within any city or county
  within  the  state  constitutes  an  acute  emergency  affecting   every
  organization doing business within such city or county.
    2.  During an acute emergency (a) the board of a domestic organization
  which has adopted emergency by-laws approved by the superintendent shall
  have the powers conferred by such by-laws and,  except  as  provided  in
  section  ninety-nine,  subdivision  three (a), shall, to the extent that
  such by-laws relate to the subject matter contained in subdivisions  two
  through  seven of section ninety-eight have no other or different powers
  with respect to such subject matter, and (b) the  board  of  a  domestic
  organization  which  has  not  adopted emergency by-laws approved by the
  superintendent shall have all of the powers of  an  emergency  board  of
  directors pursuant to section ninety-eight of this article.
                                   ARTICLE 8
                  Violations and Penalties; Peace Officers
 
  Section 100. Definitions.
          101. Violations and penalties.
          102. Jurisdiction of courts concerning violations.
          103. Punishment for infractions.
          104. Peace officers.
          105. Powers of auxiliary police.
          106. Powers  of  members  of municipal and volunteer agencies to
                 detain for misdemeanors or infractions.
    § 100. Definitions. As used in this article the following terms  shall
  mean and include:
    1.  "Exempt  person." A member of a municipal or volunteer agency or a
  member of the armed forces and military services acting within the scope
  and in the proper performance of his duties as such; a  clergyman  or  a
  member  of  a  religious  order while engaged in duties for a recognized
  church or religious organization; and such other class of persons as may
  be exempted by regulation of the commission or the council.

    2. "Person duly authorized." A member  of  a  municipal  or  volunteer
  agency wearing or displaying a distinguishing brassard or other insignia
  indicative of authority.
    3.  "Peace  officer." An officer mentioned in subdivision thirty-three
  of section 1.20 of the criminal procedure law and  such  other  officers
  duly  authorized  pursuant  to  this act to act as peace officers during
  attack or drill.
    4. "Infraction." A violation of any law or duly promulgated regulation
  or order (a) which is expressly declared to be  an  infraction  by  this
  act,  or  (b) which is not expressly declared by this act to be either a
  misdemeanor or an infraction but where a penalty or other punishment  is
  prescribed  by this act. An infraction is not a crime and the penalty or
  punishment imposed therefor shall not be deemed for any purpose a  penal
  or  criminal  penalty or punishment, and shall not impose any disability
  upon or affect or impair the credibility as a witness, or otherwise,  of
  any person convicted thereof.
    §  101.  Violations  and  penalties.  1. Any person who shall wilfully
  violate or disobey any regulation or order concerning the  guarding  and
  protection  of  water  supplies,  railroads,  public  utility  property,
  bridges, docks, highways, landing fields,  airports,  public  buildings,
  factories,  plants, stockpiles, vital and strategic materials, and other
  focal points of possible attack, the loss or destruction of which  might
  menace  or  endanger the security and safety of the civilian population,
  impede the military forces or impede the defense effort, shall be guilty
  of a misdemeanor.
    2. Any person who  shall  violate  or  disobey  any  duly  promulgated
  regulation  or  order,  or  who  shall  wilfully  violate or disobey any
  official order by a person duly authorized, concerning (a) the effective
  screening  or  extinguishment  of  all  lights,  lighting  devices   and
  appliances,  or  (b)  the  conduct  of  civilians  and  the movement and
  cessation of pedestrian and vehicular  traffic  shall  be  guilty  of  a
  misdemeanor.
    3. Any person who shall without authority wear or display any official
  brassard  or  insignia  indicative  of  membership  in  a  municipal  or
  volunteer agency shall be guilty of a misdemeanor.
    4. Except for the purpose of any authorized test or drill, any  person
  who  shall wilfully utter any false air raid alarm, signal or warning or
  who shall wilfully simulate any official air raid signal or  warning  or
  who  shall  wilfully  break,  injure or remove any mechanical warning or
  signal devices used therefor, shall be guilty of a felony.
    5. Any person who shall wilfully violate or disobey any regulation  or
  order  duly  promulgated pursuant to this act, for which a person is not
  declared to be guilty of either a misdemeanor or an infraction  by  this
  act shall be guilty of an infraction.
    6. The provisions of this section shall not apply to exempt persons to
  the  extent  prescribed  by  regulation  or  order  of  the  council  or
  commission.
    § 102. Jurisdiction of courts concerning violations. Courts of special
  sessions outside of the city of New York and the criminal court  in  the
  city   of  New  York,  in  the  first  instance,  shall  have  exclusive
  jurisdiction to hear and determine charges  of  violations  constituting
  misdemeanors or infractions under this act or under any rule, regulation
  or  order  duly  promulgated  pursuant to this act, committed within the
  territorial jurisdiction of such courts. Such exclusive jurisdiction  in
  the case of misdemeanors shall be subject to removal to another court or
  to  divestment  on account of indictment or otherwise in the same manner
  and to the same extent as is now or may hereafter  be  provided  by  law

  with  respect  to  charges  of misdemeanors generally in such respective
  courts.
    §  103.  Punishment  for  infractions.  Any  person  convicted  of  an
  infraction as defined by this act shall be punished by  a  fine  of  not
  more  than  twenty-five  dollars  or five days in jail or both. All such
  fines for infractions committed in a city shall be the property of  such
  city  and  shall be credited to the general fund thereof; all such fines
  for infractions committed in a town or village shall be the property  of
  such   town  or  village  in  accordance  with  section  twenty  hundred
  twenty-one of the uniform justice court act.
    § 104. Peace officers. A peace officer shall have the powers set forth
  in section 2.20 of the criminal procedure law.
    § 105. Powers of auxiliary police.  The local legislative body of  any
  county,  town, city or village may by resolution confer or authorize the
  conferring upon members of the auxiliary  police  the  powers  of  peace
  officers,  subject  to  such restrictions as such body shall impose, and
  subject to the provisions of subdivision twenty-six of section 2.10  and
  section 2.20 of the criminal procedure law.
    § 106. Powers of members of municipal and volunteer agencies to detain
  for  misdemeanors  or  infractions.    Any  person  who is a member of a
  municipal or volunteer agency, in the course of his  duty  as  such  and
  while  wearing or displaying a distinguishing brassard or other insignia
  indicative of authority, may stop and detain any person on account of  a
  misdemeanor  or  infraction  committed by such person in the presence of
  such member, and may forthwith turn him over to a peace officer who  may
  arrest  him  without a warrant on the charge of committing the violation
  constituting the misdemeanor or infraction.
                                   ARTICLE 9
         Miscellaneous Provisions; Construction and Duration of Act
 
  Section 110. Additional powers and duties.
          111. Powers of the governor  and  the  military  forces  of  the
                 state.
          112. Eligibility for appointment.
          113. Immunity from liability.
          114. Judicial notice of plans, regulations and orders.
          115. Acceptance of gifts, grants and loans.
          116. Renewal of licenses of members of armed forces.
          117. Authorization  to  act  as issuing agents for United States
                 obligations.
          118. Unlawful possession and use  of  identification  cards  and
                 badges.
          119. Repealer; continuity of commission and local offices.
          120. Separability clause.
          122. When to take effect.
    §  110.  Additional  powers  and  duties. Powers and duties granted or
  imposed by this act shall be deemed to be  in  addition  to  powers  and
  duties granted or imposed by any other law.
    §  111.  Powers  of the governor and the military forces of the state.
  No provision of this act shall be construed or interpreted as expressing
  a limitation directly or indirectly of the power of the governor  or  of
  the  military  forces  of  the  state  to  effectuate  any or all of the
  purposes of this act or to  execute  the  powers  and  duties  otherwise
  vested in either of them. To the extent necessary for the implementation
  or  coordination  of any such powers or duties, the governor may execute
  or require or provide for the execution of any of the powers, granted by
  this act to any agency or officer, in such manner as he deems  necessary
  or proper.

    § 112. Eligibility for appointment.  No person shall be ineligible for
  any  appointment made under or pursuant to this act because he holds any
  other public office, employment, or trust, nor shall any person be  made
  ineligible  to  or forfeit his right to any public office, employment or
  trust  by  reason of such an appointment under this act, notwithstanding
  any inconsistent provision of law.
    §  113.  Immunity  from  liability.  1.  The  state,   any   political
  subdivision,  municipal or volunteer agency, or another state or a civil
  defense force thereof or of the federal government or of another country
  or province or subdivision thereof, performing civil defense services in
  this state pursuant to an arrangement, agreement or compact  for  mutual
  aid  and  assistance,  or any agency, member, agent or representative of
  any of them, or any individual, partnership,  corporation,  association,
  trustee,  receiver  or any of the agents thereof, in good faith carrying
  out, complying with or attempting to comply  with  any  law,  any  rule,
  regulation or order duly promulgated or issued pursuant to this act, any
  federal law, or any arrangement, agreement or compact for mutual aid and
  assistance or any order issued by federal or state military authorities,
  relating  to  civil  defense,  including  but  not limited to activities
  pursuant thereto, in preparation for anticipated attack, during  attack,
  or  following  attack or false warning thereof, or in connection with an
  authorized drill or test, shall not be liable for any injury or death to
  persons or damage to property as the result thereof.
    1-a.  The  state,  any  political  subdivision,  or  any   individual,
  partnership,  corporation, association, trustee, receiver, or any agent,
  agency, representative, officer or employee of any of them, who or which
  owns, maintains, occupies, operates or  controls  all  or  part  of  any
  building,  structure  or  premises shall not be liable for any injury or
  death sustained by any person or damage caused to any property (a) while
  such person or property is in such building, structure or  premises,  or
  part  thereof,  for  shelter  purposes  during an attack, drill, test or
  false warning thereof  or  is  entering  therein  or  thereon  for  such
  purposes or departing therefrom thereafter, and (b) as the result of any
  condition  in  or  on  such  building,  structure  or  premises, or part
  thereof, or of any act or omission with respect thereto, except a wilful
  act intended to cause injury or damage.
    2. The provisions of this section shall not affect the  right  of  any
  person  to  receive  benefits  to  which  he  may  be entitled under the
  workers'  compensation  law,  volunteer   firefighters'   benefit   law,
  volunteer ambulance workers' benefit law, any pension law or the general
  municipal  law,  nor  the right of any person to receive any benefits or
  compensation under any act of congress or under any law of this state.
    3. The provisions of section seventy-one of the general municipal  law
  shall  be  inoperative  and  shall  not  apply  with respect to property
  destroyed or injured by mobs or riots.
    § 114. Judicial notice of plans, regulations and orders. 1. All courts
  shall take judicial notice of all plans, regulations and orders  adopted
  pursuant to this act and promulgated pursuant to law.
    2.  Such  a  plan, regulation or order may be read in evidence, at any
  time, from a copy thereof, if there is contained on the same page or  in
  the  same  publication  in  which  such  copy  is  contained,  a printed
  certificate of the secretary of state or of the clerk of  the  political
  subdivision  that  such  copy is a correct transcript of the text of the
  original thereof.
    § 115. Acceptance of gifts, grants and loans. 1. Whenever  the  United
  States,  or  any  agency  or  officer  thereof,  or  any person, firm or
  corporation, shall offer to the state or to  any  political  subdivision
  thereof,  services,  materials, facilities or funds for civil defense or

  to aid the defense effort, the state, acting through the director of the
  budget,  or  such  political  subdivision,  acting  through  its   chief
  executive officer or governing body, may accept such offer and upon such
  acceptance  the  director  of  the  budget  of  the  state  or the chief
  executive of such political subdivision may authorize any officer of the
  state or political subdivision, as the case  may  be,  to  receive  such
  services,  materials, facilities or funds on behalf of the state or such
  political subdivision, subject to the terms of  the  offer  and  to  the
  rules  and  regulations,  if  any, of the offeror. In the event that any
  federal law provides that any such services,  materials,  facilities  or
  funds  shall be made available to political subdivisions subject to some
  action by a state officer or agency, the director of  the  budget  shall
  have  the  power  to  take  such  action  or to designate an appropriate
  officer or agency of the state to do so.
    2. Where an offer of services,  materials,  facilities  or  funds  for
  civil  defense  or  to  aid the defense effort, is made to the state and
  where a political subdivision of the state,  acting  through  its  chief
  executive officer or governing body, agrees to assume the obligations of
  and comply with the terms of the offer and the rules and regulations, if
  any,  of  the  offeror, the director of the budget may accept such offer
  and, if consistent therewith, (a) make or agree  to  make  the  services
  available  to  such  political  subdivision,  (b)  authorize or agree to
  authorize the acquisition of the materials  or  facilities  pursuant  to
  section  twenty-three-c  of this act, on behalf of and for conveyance to
  such political subdivision, or (c)  approve  or  agree  to  approve  the
  transfer  or  payment  of  the  funds  to or on behalf of such political
  subdivision.
    § 116. Renewal of licenses of members of armed forces. 1. As  used  in
  this section the following terms shall mean and include:
    a.  "Military service." Service as a member of the armed forces of the
  United States.
    b. "Licensee." The holder of a license.
    c. "License." An original certificate or other document  first  issued
  to  a licensee entitling him to practice the profession or engage in the
  business, work or activity specified therein.
    d. "Renewal license." Any renewal or reissuance of a  license  or  any
  certificate  of  annual or periodic registration or re-registration of a
  licensee required by or pursuant  to  law  to  permit  him  lawfully  to
  continue  to  practice the profession or engage in the business, work or
  activity specified in the license.
    e.  "Expired."  Normal  expiration,  or   annulment,   suspension   or
  revocation  solely  because  of  failure  of  a  licensee to apply for a
  renewal license within the time prescribed therefor.
    2.  Any  person  who  was  in  military  service  on  or  after   June
  twenty-fifth,  nineteen  hundred  fifty,  or  who  thereafter shall have
  entered military service, and who at the time of entry into such service
  is a licensee, may, within three months after the  termination  of  such
  military  service by honorable discharge or by release from such service
  under honorable circumstances, apply for and be entitled  to  a  renewal
  license  without  any examination, re-examination, fine or penalty which
  would not have been required or imposed if timely application  for  such
  renewal  license  had  been  made.  The  officer,  board  or  department
  empowered by law to issue such renewal license is hereby  authorized  to
  issue  the  same  without examination, re-examination or the exaction of
  any fine or penalty. The issuance of such renewal license shall  in  all
  other respects be subject to the provisions of law relating thereto.
    3.  Notwithstanding  any  other  provision of law, a license to drive,
  issued pursuant to the provisions of article nineteen of the vehicle and

  traffic law, which would expire prior to either of the dates  set  forth
  in  this  subdivision,  of  any person who was in military service on or
  after June twenty-fifth, nineteen hundred fifty, or who thereafter shall
  have  entered  military service, shall expire six months from either the
  expiration date of this act or the  holder's  separation  from  service,
  whichever   occurs   first.   Notwithstanding  the  provisions  of  this
  subdivision, the commissioner of motor vehicles may refuse to renew  the
  expired  driver's  license  of  any  person who has failed to notify the
  commissioner of his entry into military service.
    § 117. Authorization to  act  as  issuing  agents  for  United  States
  obligations. Notwithstanding the provisions of any law, all individuals,
  partnerships,  associations  or  corporations  organized,  operating, or
  doing business under the laws of this state are hereby authorized,  upon
  designation  by  and qualification with the secretary of the treasury of
  the United States or under his authority, to act as issuing  agents  for
  the sale and issue of obligations of the United States.
    §  118. Unlawful possession and use of identification cards and badges
  1. As used in this section the following terms shall mean and include:
    (a) "Identification card." Any card or pass issued for the purpose  of
  establishing  the identity of any person and the right of such person to
  be in or on any premises described in this section.
    (b) "Identification badge." Any badge of metal or  other  composition,
  to be worn by any person for the purpose of establishing his identity or
  right to be in or on any premises described in this section.
    2.  Any person to whom there has been issued an identification card or
  identification badge by any agency of the  state  or  of  any  political
  subdivision  thereof or by any corporation, firm or individual operating
  any  factory,  warehouse,  storage  house,  manufacturing,  printing  or
  publishing establishment, mechanical or mercantile establishment, or any
  plant  of  any  kind,  or  any mine, colliery or quarry, or any electric
  railway, steam railway,  water,  sewage,  gas,  electric  light,  power,
  transmission,  heating,  refrigerating,  telephone,  telegraph  or other
  public service property in this state, in which or upon which any person
  is required to have a  special  identification  card  or  identification
  badge  before  entering  therein  or  thereon as an employee or visitor,
  shall, upon the termination of his or her employment or  the  expiration
  of  the  time  limits  of an authorized visit, immediately surrender the
  same to the issuer thereof, and it shall be unlawful for any  person  to
  possess  or  use  any  such  identification card or identification badge
  after the termination of such employment or the expiration of  the  time
  limits of an authorized visit.
    3.  Any  person finding or coming into possession of an identification
  card or identification badge, except through authorized issuance,  shall
  immediately  surrender  the  same to any peace officer or the officer in
  charge of the nearest police station.
    4. Any person who wilfully violates any  of  the  provisions  of  this
  section  shall be guilty of a misdemeanor and upon conviction thereof be
  punished by imprisonment of not more than ten days or a fine of not more
  than fifty dollars, or both.
    § 119. Repealer; continuity of commission and local  offices.  Article
  sixteen  of the executive law, as added by chapter six hundred ninety of
  the laws of nineteen hundred fifty, is hereby repealed.  The  commission
  and  all  local  offices  established pursuant to this act and all local
  offices in existence on the date  this  act  shall  take  effect  shall,
  subject  to  the  provisions of this act, be deemed continuations of the
  state civil defense commission and local offices established pursuant to
  such former article sixteen of the executive law and such commission and
  local offices are hereby continued. All appropriations  and  allocations

  heretofore  made available to the state civil defense commission and all
  appropriations heretofore made by any political subdivision pursuant  to
  such  article  sixteen  are  hereby made available hereunder. All plans,
  regulations,  orders,  and  other actions taken and obligations incurred
  pursuant to such article shall continue with full force  and  effect  as
  plans, regulations, orders, actions and obligations hereunder.
    §  120.  Separability  clause.    If  any clause, sentence, paragraph,
  section or part of this act shall be adjudged by any court of  competent
  jurisdiction  to  be  invalid, such judgment shall not affect, impair or
  invalidate the remainder thereof, but shall be confined in its operation
  to the clause, sentence, paragraph, section  or  part  thereof  directly
  involved  in  the  controversy  in  which  such judgment shall have been
  rendered.
    § 122. When to take effect. This act shall take effect immediately.

  
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Last modified: September 11, 2016