§ 40 — Powers of certain state officers and agencies

New York § 40

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 4: Powers of Agencies

Text

§ 40. Powers of certain state officers and agencies. Nothwithstanding\nthe provisions of any law, for the purpose of providing during the\ndefense emergency (a) for unanticipated or emergency needs for the\nprotection of the safety and health of the people of the state in the\nevent of attack, or (b) for the mobilization and efficient utilization\nof all of the resources and facilities in the state in aid of the\ndefense effort, or (c) for the orderly conduct of public or private\naffairs in a manner consistent with the requirements of the defense\neffort, the following officers or agencies of the state shall have power\nto take action or to adopt, promulgate and make effective plans,\nregulations or orders, consistent with the provisions of this act and\nwith any actions taken or plans, regulations or orders adopted and\npromulgated by the council, with respect to the following matters:\n 1. The civil service commission, upon a finding that because of the\nmanpower requirements of the armed services and the defense effort\nvacancies exist which cannot otherwise be readily, equitably and\nsatisfactorily filled, shall have such power with respect to (a)\nextension of provisional appointments until lists are established and\nappointments are made therefrom; (b) extension of eligible lists; (c)\nwaiver of residence or citizenship requirements relating to public\noffices or employments; (d) restriction of leaves of absence except for\nillness, entrance into the armed forces of the United States, or for\nother reasons which are in the public interest; (e) employment for\ntemporary periods of officers or employees in agencies other than those\nin which they are regularly employed; (f) authorization of the\nemployment of public officers and employees in additional public offices\nor employment; and (g) authorization of compensated employment as public\nofficers or employees, of persons receiving pensions or retirement\nallowances where such compensated employment is not already authorized\nby law, provided that adequate provision is made whereby the value of\nthe pension or retirement allowance is deducted from the compensation\npaid for such employment. The commission may determine that it will\nexercise any such power with respect to municipal civil service\nadministration only upon the written request of the appropriate civil\nservice commission.\n 2. The comptroller (a) upon a finding that because of shortage of\nsupply or because of danger to health and safety immediate action is\nnecessary, shall have such power with respect to suspension of\nprovisions of law relating to public purchasing or letting of public\ncontracts and regulation of the manner in which such purchasing or\nletting is to be accomplished during the period of such suspension; and\n(b) in the event of attack, shall have power to issue notes for the\npurpose of paying expenses incurred by the state or, to the extent\nauthorized by the legislature, by any political subdivision of the\nstate, for the purpose of repelling invasion, suppressing insurrection\nor defending the state in war. Each such note shall mature within a\nperiod of not to exceed two years from the date of original issue\nthereof, but may contain provision for payment thereof within such two\nyear period. Unless the legislature shall provide for the issuance of\nbonds to redeem such notes, such notes shall be paid not later than\ntheir respective maturity dates. The comptroller shall report to the\nlegislature at the opening of its regular or extraordinary session all\naction taken by him pursuant to this subdivision.\n 3. The industrial commissioner shall have such power with respect to\nsafety and record of manufacture, sale, possession, use or ownership of\nfireworks or explosives and the manufacture and transportation of\nfirearms, but such powers shall not apply to the personal possession,\nuse or ownership of firearms and ammunition therefor.\n 4. The public service commission, upon a finding that it is necessary\nfor public health or safety, shall have such power with respect to (a)\nmaintenance, restriction, limitation, extension or interconnection of\npublic utility services, whether privately or publicly owned; and (b)\nmeans or devices of communication other than those exclusively regulated\nby federal authorities.\n 5. The secretary of state shall have such power with respect to (a)\nextension or restriction of the hours during which public business may\nbe conducted, public offices kept open, and officers and employees\nrequired to perform their powers and duties therein; and (b) designation\nof substitute places where public offices may be located or public\nbusiness conducted.\n 6. The commissioner of transportation, upon a finding that there is a\nshortage of equipment, gasoline, oil or other supplies necessary for the\nuse of motor vehicles or upon the request of the president of the United\nStates or of the head of a federal department or agency having\nresponsibility relative to the defense effort, or upon a finding that it\nis necessary for public health or safety, shall have such power with\nrespect to transportation or travel subject to his jurisdiction,\nincluding the speeds at which and the conditions under which such\ntransportation or travel may be conducted.\n 7. Heads of departments in charge of institutions shall have such\npower with respect to health or safety of incarcerated individuals\nthereof, including transportation of incarcerated individuals to, from\nand between such institutions.\n