§ 11 — Organization

New York § 11

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 2: State Defense Council

Text

§ 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 majority leader of the assembly, the minority leader of the assembly\nand the chairman of the assembly ways and means committee; the chairman\nof the state civil defense commission; and twelve persons to be\nappointed by the governor by and with the advice and consent of the\nsenate. Except as hereinafter provided in this subdivision, such\ntemporary president and minority leader of the senate, chairman of the\nsenate finance committee, speaker, majority leader and minority leader\nof the assembly and chairman of the assembly ways and means committee\nshall each hold office until his successor has been elected or\nappointed, as the case may be. Such members appointed by the governor\nshall hold office during the pleasure of the governor. The governor\nshall serve as chairman of the council and he may designate a member of\nthe council to act as vice-chairman.\n b. Within ten days after the date this paragraph becomes effective,\nand annually thereafter on or before the fifteenth day of January, the\ntemporary president of the senate shall file with the governor (1) a\nlist containing the names of three members of the senate designated by\nthe temporary president to act in his place and stead as a member of the\ncouncil, in the order in which such names appear on the list, in the\nevent a vacancy shall occur in the office of temporary president, or he\nis unable to discharge the powers and duties of his office or is absent\nfrom the state, and (2) a list containing the names of three members of\nthe senate designated by the temporary president to act in the place and\nstead of the chairman of the senate finance committee as a member of the\ncouncil, in the order in which such names appear on the list, in the\nevent a vacancy shall occur in the office of such chairman, or he is\nunable to discharge the powers and duties of his office or is absent\nfrom the state. A member of the senate who is acting as a member of the\ncouncil pursuant to this paragraph shall possess and discharge all the\npowers and duties of his principal, provided, however, that he shall be\ndisqualified from so acting upon the occurrence of either of the\nfollowing events: (1) that he has vacated, or is unable to discharge the\npowers and duties of, the office of member of the senate or is absent\nfrom the state, or (2) that the vacancy, disability or absence of his\nprincipal or of the member of the senate in whose place he is serving,\nas the case may be, has ceased to exist.\n c. Within ten days after the date this paragraph becomes effective,\nand annually thereafter on or before the fifteenth day of January, the\nminority leader of the senate shall file with the governor a list\ncontaining the names of three members of the senate designated by the\nminority leader to act in his place and stead as a member of the\ncouncil, in the order in which such names appear on the list, in the\nevent a vacancy shall occur in the office of minority leader, or he is\nunable to discharge the powers and duties of his office or is absent\nfrom the state. A member of the senate who is acting as a member of the\ncouncil pursuant to this paragraph shall possess and discharge all the\npowers and duties of his principal, provided, however, that he shall be\ndisqualified from so acting upon the occurrence of either of the\nfollowing events: (l) that he has vacated, or is unable to discharge the\npowers and duties of, the office of member of the senate or is absent\nfrom the state, or (2) that the vacancy, disability or absence of his\nprincipal or of the member of the senate in whose place he is serving,\nas the case may be, has ceased to exist.\n d. Within ten days after the date this paragraph becomes effective,\nand annually thereafter on or before the fifteenth day of January, the\nspeaker of the assembly shall file with the governor (1) a list\ncontaining the names of three members of the assembly designated by the\nspeaker to act in his place and stead as a member of the council, in the\norder in which such names appear on the list, in the event a vacancy\nshall occur in the office of speaker, or he is unable to discharge the\npowers and duties of his office or is absent from the state, and (2) a\nlist containing the names of three members of the assembly designated by\nthe speaker to act in the place and stead of the majority leader of the\nassembly as a member of the council, in the order in which such names\nappear on the list, in the event a vacancy shall occur in the office of\nmajority leader, or he is unable to discharge the powers and duties of\nhis office or is absent from the state, and (3) a list containing the\nnames of three members of the assembly designated by the speaker to act\nin the place and stead of the chairman of the assembly ways and means\ncommittee as a member of the council, in the order in which such names\nappear on the list, in the event a vacancy shall occur in the office of\nsuch chairman, or he is unable to discharge the powers and duties of his\noffice or is absent from the state. A member of the assembly who is\nacting as a member of the council pursuant to this paragraph shall\npossess and discharge all the powers and duties of his principal,\nprovided, however, that he shall be disqualified from so acting upon the\noccurrence of either of the following events: (1) that he has vacated,\nor is unable to discharge the powers and duties of, the office of member\nof the assembly, or is absent from the state, or (2) that the vacancy,\ndisability or absence of his principal or of the member of the assembly\nin whose place he is serving, as the case may be, has ceased to exist.\n e. Within ten days after the date this paragraph becomes effective,\nand annually thereafter on or before the fifteenth day of January, the\nminority leader of the assembly shall file with the governor a list\ncontaining the names of three members of the assembly designated by the\nminority leader to act in his place and stead as a member of the\ncouncil, in the order in which such names appear on the list, in the\nevent a vacancy shall occur in the office of minority leader, or he is\nunable to discharge the powers and duties of his office or is absent\nfrom the state. A member of the assembly who is acting as a member of\nthe council pursuant to this paragraph shall possess and discharge all\nthe powers and duties of his principal, provided, however, that he shall\nbe disqualified from so acting upon the occurrence of either of the\nfollowing events: (1) that he has vacated, or is unable to discharge the\npowers and duties of, the office of member of the assembly or is absent\nfrom the state, or (2) that the vacancy, disability or absence of his\nprincipal or of the member of the assembly in whose place he is serving,\nas the case may be, has ceased to exist.\n 2. The members of the council shall serve without compensation, but\nshall be reimbursed for their traveling and other expenses, within and\nwithout the state, actually and necessarily incurred by them in the\nperformance of their duties under this act.\n 3. The council may employ such officers, including counsel, and such\nother technical, clerical, stenographic and other employees or\nassistants as it may require, prescribe their powers and duties, and fix\ntheir compensation within available appropriations.\n 4. The council shall meet on the first Wednesday of each month, if\ncalled by the chairman, and at such other times and at such places as\nthe chairman may direct. The council may prescribe the manner in which\nit may be convened in case the chairman is unable to discharge the\nduties of his office. A majority of the members of the council shall\nconstitute a quorum, excepting that in the event of attack any number of\nmembers attending a meeting shall constitute a quorum with the consent\nof the governor.\n 5. No part of any moneys appropriated to the council may be expended\nexcept pursuant to resolution of the council. The council may allocate\nout of the appropriations made available to it moneys for functions,\nactivities, facilities or services authorized by it and authorize the\nexpenditure of such moneys by the executive officer or officers having\ncharge of such function, activity, facility or service with the approval\nof the chairman or vice-chairman of the council, or of an officer of the\ncouncil designated by the chairman.\n 6. For the purpose of meeting unforseen emergencies within the purview\nof this act, the council is authorized (a) to allocate to the governor\nfrom time to time sums to be expended pursuant to his direction in the\nevent of attack, and (b) to empower the governor or a subcommittee to\ntake administrative action in its behalf. The governor and each such\nsubcommittee shall report to the council at each meeting of such\nexpenditures or actions theretofore made, authorized or taken by him or\nit since the preceding report.\n