Title DEA, Defense Emergency Act 1951 784/51

Section 1. Short title. This act shall be known and may be cited and\nreferred to as the "New York state defense emergency act."\n

§ 10. State defense council established. There is hereby created and\nestablished a temporary state commission to be known as the New York\nstate defense council.\n

§ 100. Definitions. As used in this article the following terms shall\nmean and include:\n 1. "Exempt person." A member of a municipal or volunteer agency or a\nmember of the armed forces and military services acting within the scope\nand in the proper performance of his duties …

§ 101. Violations and penalties. 1. Any person who shall wilfully\nviolate or disobey any regulation or order concerning the guarding and\nprotection of water supplies, railroads, public utility property,\nbridges, docks, highways, landing fields, airports, public buildings,\nfa…

§ 102. Jurisdiction of courts concerning violations. Courts of special\nsessions outside of the city of New York and the criminal court in the\ncity of New York, in the first instance, shall have exclusive\njurisdiction to hear and determine charges of violations constituting\nm…

§ 103. Punishment for infractions. Any person convicted of an\ninfraction as defined by this act shall be punished by a fine of not\nmore than twenty-five dollars or five days in jail or both. All such\nfines for infractions committed in a city shall be the property of such\ncit…

§ 104. Peace officers. A peace officer shall have the powers set forth\nin section 2.20 of the criminal procedure law.\n

§ 105. Powers of auxiliary police. The local legislative body of any\ncounty, town, city or village may by resolution confer or authorize the\nconferring upon members of the auxiliary police the powers of peace\nofficers, subject to such restrictions as such body shall impose, a…

§ 106. Powers of members of municipal and volunteer agencies to detain\nfor misdemeanors or infractions. Any person who is a member of a\nmunicipal or volunteer agency, in the course of his duty as such and\nwhile wearing or displaying a distinguishing brassard or other insignia…

§ 11. Organization. 1. a. The council shall consist of the governor,\nthe lieutenant-governor and the attorney-general; the temporary\npresident of the senate, the minority leader of the senate and the\nchairman of the senate finance committee; the speaker of the assembly,\nthe …

§ 110. Additional powers and duties. Powers and duties granted or\nimposed by this act shall be deemed to be in addition to powers and\nduties granted or imposed by any other law.\n

§ 111. Powers of the governor and the military forces of the state.\nNo provision of this act shall be construed or interpreted as expressing\na limitation directly or indirectly of the power of the governor or of\nthe military forces of the state to effectuate any or all of the…

§ 112. Eligibility for appointment. No person shall be ineligible for\nany appointment made under or pursuant to this act because he holds any\nother public office, employment, or trust, nor shall any person be made\nineligible to or forfeit his right to any public office, emplo…

§ 113. Immunity from liability. 1. The state, any political\nsubdivision, municipal or volunteer agency, or another state or a civil\ndefense force thereof or of the federal government or of another country\nor province or subdivision thereof, performing civil defense services i…

§ 114. Judicial notice of plans, regulations and orders. 1. All courts\nshall take judicial notice of all plans, regulations and orders adopted\npursuant to this act and promulgated pursuant to law.\n 2. Such a plan, regulation or order may be read in evidence, at any\ntime, fro…

§ 115. Acceptance of gifts, grants and loans. 1. Whenever the United\nStates, or any agency or officer thereof, or any person, firm or\ncorporation, shall offer to the state or to any political subdivision\nthereof, services, materials, facilities or funds for civil defense or\n…

§ 116. Renewal of licenses of members of armed forces. 1. As used in\nthis section the following terms shall mean and include:\n a. "Military service." Service as a member of the armed forces of the\nUnited States.\n b. "Licensee." The holder of a license.\n c. "License." An ori…

§ 117. Authorization to act as issuing agents for United States\nobligations. Notwithstanding the provisions of any law, all individuals,\npartnerships, associations or corporations organized, operating, or\ndoing business under the laws of this state are hereby authorized, upon…

§ 118. Unlawful possession and use of identification cards and badges\n1. As used in this section the following terms shall mean and include:\n (a) "Identification card." Any card or pass issued for the purpose of\nestablishing the identity of any person and the right of such pe…

§ 119. Repealer; continuity of commission and local offices. Article\nsixteen of the executive law, as added by chapter six hundred ninety of\nthe laws of nineteen hundred fifty, is hereby repealed. The commission\nand all local offices established pursuant to this act and all l…

§ 12. Powers of council. Notwithstanding the provisions of any other\nlaw, but subject to the state constitution, the federal constitution and\nthe federal statutes and regulations made pursuant to it, during the\ndefense emergency the council shall provide (a) for unanticipated…

§ 120. Separability clause. If any clause, sentence, paragraph,\nsection or part of this act shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operati…

§ 122. When to take effect. This act shall take effect immediately.\n

§ 13. Utilization of existing services and facilities. In carrying\nout their functions under this act, the council and each political\nsubdivision of the state shall utilize, so far as possible, the\nservices, equipment, supplies and facilities of existing agencies of the\nstat…

§ 14. Assistance of political subdivisions. 1. Every political\nsubdivision shall have power to (a) assist in the effectuation of any\nmatter undertaken by the council, (b) provide such assistance through\nexisting agencies or new agencies, and (c) expend money therefor.\n 2. No…

§ 15. Local defense councils. Any county, city, town or village may\nprovide for the establishment of a defense council to assist in such\nplanning, advisory, coordinating and educational activities as the local\nlegislative body may determine and within the amount of the\nappro…

§ 2. Declaration of purpose and findings. The legislature hereby finds\nthat there exists a serious danger that this state will be subjected to\nenemy attack, including attack by atomic bombs or other radiological\nweapons.\n On December sixteenth, nineteen hundred fifty, becaus…

§ 2-a. Further declaration of purpose and findings relating to the\nprotection of the people in the event of nuclear attack and recovery and\nrehabilitation after attack. The legislature hereby finds and declares\nthat the aggressive forces of communism are employing threats of …

§ 20. Civil defense commission established; state director. 1. There\nis hereby continued in the division of military and naval affairs in the\nexecutive department a state civil defense commission to consist of the\nsame members as the members of the disaster preparedness commi…

§ 21. Powers and duties of commission. Because of the existing danger\nof disasters of unprecedented size and destructiveness resulting from\nattack and in order to insure that the preparations of the state will be\nadequate to deal with such disasters and generally to provide f…

§ 22. Local civil defense. 1. Every county, except those contained in\nthe city of New York, and every city shall prepare and make effective a\nplan of civil defense conforming to the plan, regulations and orders of\nthe commission. The chief executive officer of each county, in…

§ 23. Specific requirements in cities and counties. In furtherance of\nits responsibility under section twenty-two, and not in limitation\nthereof, each county, except those contained in the city of New York,\nand each city shall in conformity with the plan, regulations or order…

§ 23-a. Authority of political subdivisions to provide facilities and\nmaterials essential to public safety. Each political subdivision of the\nstate, the board of higher education in the city of New York, and, with\nrespect to property located in the state of New York, the port…

§ 23-b. State civil defense aid for counties and cities. 1. Subject to\nthe conditions prescribed in this section, counties, except those\ncontained in the city of New York, and cities shall be eligible to\nreceive state civil defense aid for expenditures made pursuant to the\np…

§ 23-c. Purchase of civil defense resources, materials and facilities\nthrough the federal government. Notwithstanding any inconsistent\nprovision of law, with the approval of the director of the budget and\nthe commission, the state commissioner of general services, on behalf o…

§ 23-d. Taking necessary steps for continuing the operation of\nessential railroads. If cessation of operation of a railroad, whose\ncontinued operation is essential in order that it will be available as\nan operating transportation facility for materials and otherwise, in the\n…

§ 24. Special provisions relating to cities of over one hundred\nthousand. In addition to the requirements of sections twenty-two and\ntwenty-three every city having a population of over hundred thousand\nshall:\n 1. Recruit, train and equip shelter captains in a ratio based upo…

§ 25. Powers in event of attack. 1. Notwithstanding any other law, in\nthe event of attack within the state or a state with which this state\nhas a mutual aid compact for civil defense, to the extent it deems it\nnecessary or proper, the commission may: (a) assume direct operati…

§ 25-a. Defense emergency aid. 1. As used in this section:\n (a) "Defense emergency aid" shall mean food, shelter, clothing, care\nor treatment furnished pursuant to the provisions of this section.\n (b) "Local social services official" shall mean the county\ncommissioner of soc…

§ 26. Conscription for civil defense forces. 1. When authorized by\nregulation of the council, a county or a city may conscript persons to\nperform the duties specified in sections twenty-three and twenty-four of\nthis chapter. Selection of such personnel shall be on a fair and\…

§ 27. Consolidation of local offices. 1. With the approval of their\ngoverning bodies and of the commission, the chief executive officer of\nany county not within a city, including in counties not having an\nexecutive the chairman or other presiding officer of the legislative\nb…

§ 28. Mutual aid. Subject to the approval of the commission, two or\nmore political subdivisions of the state may enter into mutual aid\nagreements for reciprocal aid and assistance to effectuate any purpose\nof this article. State agencies, with the approval of the director of\…

§ 29. Local financial provisions. 1. All civil defense expenditures of\na city, including but not limited to the cost of maintenance and\noperation of its city office, if any, shall be a city charge. All civil\ndefense expenditures of a county, including but not limited to the c…

§ 29-a. Continuity of political subdivisions. In conformity with the\nplan, regulations or orders of the commission, every county, except\nthose contained within the city of New York, every city, every town and\nevery village shall have power to provide by local law, and every o…

§ 3. Definitions. As used in this act the following terms shall mean\nand include:\n 1. "Agency." An office, department, division, bureau, board or\ncommission of the state or of a political subdivision thereof, including\nvolunteer agencies.\n 2. "Attack." Any attack, actual or…

§ 30. Removal or suspension of public officers. 1. A local director\nmay be removed by the governor after such director has been given a copy\nof the charges against him and an opportunity to be heard in his\ndefense. Pending the preparation and disposition of charges, the\ngove…

§ 31. Utilization of existing services and facilities. The commission\nand each local director shall utilize as far as possible the services,\nresources, materials and facilities of existing officers and agencies\nand all such officers and agencies shall cooperate with the commi…

§ 32. Privileges and immunities. Notwithstanding any inconsistent\nprovision of law, members of civil defense forces in the state and\nmembers of the civil defense forces of other states or of the federal\ngovernment or of the dominion of Canada or of a province or subdivision\n…

§ 33. Administration of civil defense oaths. 1. The commission and\neach local director shall have power by regulation or order to designate\nor provide for the designation of members of civil defense forces under\ntheir respective jurisdictions to administer the written oath wh…

§ 34. Responsibilities of commission and local directors for shelter\nprotection. 1. The commission shall:\n a. Include in the comprehensive plan for the civil defense of the\nstate provision for the protection of every inhabitant thereof against\nfallout radiation resulting fro…