Title DEA, Defense Emergency Act 1951 784/51

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

§ 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.

§ 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 su…

§ 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, factor…

§ 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 misde…

§ 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 an…

§ 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 …

§ 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 in…

§ 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 majo…

§ 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 pu…

§ 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, employme…

§ 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 t…

§ 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 c…

§ 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 a…

§ 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 ce…

§ 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 de…

§ 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…

§ 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 loca…

§ 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…

§ 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 …

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

§ 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 an…

§ 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 poli…

§ 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 appropria…

§ 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 …

§ 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 nuc…

§ 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 commissi…

§ 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 …

§ 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, inclu…

§ 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 o…

§ 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…

§ 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 provi…

§ 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 t…

§ 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 inte…

§ 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 max…

§ 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 operationa…

§ 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 se…

§ 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 imp…

§ 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 …

§ 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…

§ 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…

§ 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 othe…

§ 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 immine…

§ 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…

§ 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 commissi…

§ 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 ther…

§ 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…

§ 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 att…