New York · statute · N.Y. Defense Emergency Act 1951 784/51 Law · 101 active provisions
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 hig…
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, th…
§ 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 pur…
§ 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…
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 gover…
§ 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 ter…
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…
§ 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 th…
§ 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.…
§ 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 s…
§ 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…
§ 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…
§ 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 st…
§ 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…
§ 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…
§ 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 co…
§ 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 a…
§ 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 subdivisi…
§ 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 an…