§ 12 — Powers of council

New York § 12

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

Text

§ 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 or\nemergency needs for the protection of the safety and health of the\npeople of the state in event of attack, and (b) for the mobilization and\nefficient utilization of all the resources and facilities in the state\nin aid of the defense effort. Without prejudice to the generality of\nsuch powers the council may to the extent necessary or expedient for\neither of such purposes:\n 1. Make studies and surveys with respect to all activities, matters\nand things related thereto.\n 2. Cooperate with agencies established by or pursuant to laws of the\nUnited States and of the several states to promote the defense effort,\nand coordinate the work or activities of all state and local agencies\nand of all other groups having substantially similar objects and\npurposes.\n 3. Authorize cooperative relationships between agencies of the state,\nbetween such agencies and agencies of political subdivisions and between\nagencies of the same or different political subdivisions.\n 4. Restrict, regulate or implement any power or duty which by or\npursuant to this act is granted to or imposed upon any agency of the\nstate or of any political subdivision and exercise or perform itself, or\nrestrict, regulate or require the exercise or performance of any such\npower or duty.\n 5. Require agencies of the state to act as agencies of the council, or\ncreate agencies of the council, to aid and assist in the discharge of\none or more of the functions of the council and grant authority to such\nagencies as may be deemed necessary for the effective accomplishment of\nany of such functions.\n 6. Request and obtain such cooperation, assistance, data and personnel\nfrom any agency of the state or of any political subdivision as the\ncouncil may reasonably require for the consummation of its work.\n 7. Consolidate, curtail or abolish offices, positions, powers,\nfunctions or duties created, performed or imposed pursuant to the\nauthority or requirements of this act.\n 8. Establish programs to encourage and make effective maximum and\nefficient production, harvesting, processing and preservation of food\nand other products essential to the defense effort and efficient and\nproper transportation, distribution, vending and utilization thereof and\nto recruit, enroll, train and organize persons for such purposes.\n 9. When requested by the president or the congress or the head of a\nfederal department, agency or office having duties in connection with\nthe defense effort, or when necessary for the safety and health of the\npeople of the state authorize labor, business or work on Sundays and\nlegal holidays and regulate such labor, business or work to the extent\nnecessary for the safety and health of persons employed in connection\ntherewith and in a manner consistent so far as practicable with the\nneeds of public worship and the quiet and repose of the community.\n 10. Issue or provide for the issuance for a period or periods not to\nexceed thirty days each of any license, permit or certificate of\nregistration issued or which may be issued by any agency of the state or\nof a political subdivision thereof, and extend or vary or provide for\nthe extension or variance for a period or periods of not to exceed\nthirty days each of the terms, conditions and requirements thereof;\nprovided such license, permit or certificate shall be issued only to a\nperson who holds in some other place or has previously held a similar\nlicense, permit or certificate or who is reasonably able to execute the\nauthority and provisions of such license, permit or certificate without\ndanger to the public health or safety.\n 11. Establish or provide for the establishment of orders of priorities\nfor construction work by the state or by political subdivisions thereof,\ngiving consideration to urgency of need, cost, availability of material\nand manpower, relation to the defense effort, the practicability of\nsubstitute structures or the use of substitute materials, the time\nrequired for construction, the probable date of completion and such\nother factors as may be deemed relevant by the council.\n 12. In the event of attack or when as a result of attack such\npublication is impracticable, suspend requirements of law relating to\nthe publication of notices and prescribe substitute forms of notice.\n 13. Adopt and make effective rationing, freezing, price-fixing,\nallocation or other orders or regulations imposed by the authority of\nthe federal government in aid of the defense effort and enforce any such\norders or regulations.\n 14. Restrict and regulate by rationing, freezing, price-fixing,\nallocation or otherwise, the use, sale or distribution of food, feed,\nfuel, clothing and other commodities, materials, goods or services which\nare essential to the health, safety and welfare of the people of the\nstate and which are scarce or as to which there is imminent danger of\nscarcity, to the extent necessary to prevent danger to the health and\nsafety of the people of the state or to prevent substantial interference\nwith the defense effort. In connection therewith the council may\ntemporarily suspend provisions of law requiring the use of particular\nkinds of such commodities, materials, goods or services, or prohibiting\nsubstitutes therefor when such suspension is consistent with safety and\nhealth, and may take such other action as may be necessary to minimize\nthe effect of such scarcity. No regulation or order of the council\npromulgated pursuant to this subdivision shall remain in effect more\nthan ninety days unless extended by law, provided, however, that if the\ncouncil or the governor shall determine that because of an attack it is\nimpossible to assemble a quorum in each house of the legislature within\nsuch ninety day period, such a regulation or order may remain in effect\nin accordance with its terms, but in no event longer than thirty days\nafter the council or the governor has determined that it is possible to\nassemble such quorums.\n 15. In the event of attack provide for the protection and preservation\nof property, whether publicly or privately owned, by the owner or person\nin control thereof or otherwise.\n l6. In the event of attack protect the deposits of banking\norganizations and maintain the banking structure of the state; maintain\nthe business of insurance and protect the interests of holders of\ninsurance policies and contracts and beneficiaries thereunder and the\ninterests of the public in connection therewith.\n 17. In the event of attack, order the effectiveness of emergency\nby-laws which may have been previously adopted by a domestic corporation\nas hereinafter set forth, provided that such emergency by-laws shall\ncease to be effective when the council declares the end of the period of\nattack. Emergency by-laws may be adopted in the same manner as that\nprovided for the adoption of ordinary by-laws and may contain provisions\napplicable only during the period of attack with respect to the number\nof directors who shall constitute a quorum at a meeting of the board of\ndirectors, the number of votes necessary for action by such board, the\nprocedure for holding a special election of directors, the manner in\nwhich vacancies on the board of directors shall be filled, and the\ninterim management of the affairs of the corporation. Emergency by-laws\nneed not comply with the provisions of the certificate of incorporation\nor other certificate of such corporation filed pursuant to law or with\nany provision of the general corporation law, the stock corporation law,\nthe business corporation law or the membership corporation law related\nto the matters specifically authorized by the immediately preceding\nsentence to be the subject matter of such by-laws. This subdivision,\nhowever, shall not apply to domestic corporation, which, other than\ninsurance premium finance agencies and sales finance agencies, are\nformed under or licensed pursuant to the banking law or which are bank\nholding companies or which are insurance organizations as defined in\nsubdivision one of section ninety-six of this act.\n The council shall have power to adopt, promulgate, supplement, rescind\nand modify plans, regulations and orders to make effective such powers.\nAny such plan, regulation or order shall have the force and effect of\nlaw ten days after filing in the office of the department of state\nexcept that upon a finding by the council that an earlier effective date\nis necessary to the safety and health of the people of the state such a\nplan, regulation or order may be effective at such time after it is\nfiled in such office as the council shall provide. Any such plan,\nregulation or order shall remain in effect during such period or periods\nof time as it shall provide. The secretary of state shall as soon as\npossible after any such plan, regulation or order has been so filed mail\na copy thereof to the clerk of each county, town, city and village who\nshall keep it on file in his office during the effective period thereof\nbut failure to mail such copy to any such clerk or the failure of any\nsuch clerk to file it shall not affect the validity of any such plan,\nregulation or order. The council shall make adequate provision for\npublication of such plans, regulations and orders, which provision may\ninclude publication in the state bulletin or periodic circulars to be\nissued by the department of state.\n