N.Y. Defense Emergency Act 1951 784/51 § 12: Powers of council

§ 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 the safety and health of the

people of the state in event of attack, and (b) for the mobilization and

efficient utilization of all the resources and facilities in the state

in aid of the defense effort. Without prejudice to the generality of

such powers the council may to the extent necessary or expedient for

either of such purposes:

1. Make studies and surveys with respect to all activities, matters

and things related thereto.

2. Cooperate with agencies established by or pursuant to laws of the

United States and of the several states to promote the defense effort,

and coordinate the work or activities of all state and local agencies

and of all other groups having substantially similar objects and

purposes.

3. Authorize cooperative relationships between agencies of the state,

between such agencies and agencies of political subdivisions and between

agencies of the same or different political subdivisions.

4. Restrict, regulate or implement any power or duty which by or

pursuant to this act is granted to or imposed upon any agency of the

state or of any political subdivision and exercise or perform itself, or

restrict, regulate or require the exercise or performance of any such

power or duty.

5. Require agencies of the state to act as agencies of the council, or

create agencies of the council, to aid and assist in the discharge of

one or more of the functions of the council and grant authority to such

agencies as may be deemed necessary for the effective accomplishment of

any of such functions.

6. Request and obtain such cooperation, assistance, data and personnel

from any agency of the state or of any political subdivision as the

council may reasonably require for the consummation of its work.

7. Consolidate, curtail or abolish offices, positions, powers,

functions or duties created, performed or imposed pursuant to the

authority or requirements of this act.

8. Establish programs to encourage and make effective maximum and

efficient production, harvesting, processing and preservation of food

and other products essential to the defense effort and efficient and

proper transportation, distribution, vending and utilization thereof and

to recruit, enroll, train and organize persons for such purposes.

9. When requested by the president or the congress or the head of a

federal department, agency or office having duties in connection with

the defense effort, or when necessary for the safety and health of the

people of the state authorize labor, business or work on Sundays and

legal holidays and regulate such labor, business or work to the extent

necessary for the safety and health of persons employed in connection

therewith and in a manner consistent so far as practicable with the

needs of public worship and the quiet and repose of the community.

10. Issue or provide for the issuance for a period or periods not to

exceed thirty days each of any license, permit or certificate of

registration issued or which may be issued by any agency of the state or

of a political subdivision thereof, and extend or vary or provide for

the extension or variance for a period or periods of not to exceed

thirty days each of the terms, conditions and requirements thereof;

provided such license, permit or certificate shall be issued only to a

person who holds in some other place or has previously held a similar

license, permit or certificate or who is reasonably able to execute the

authority and provisions of such license, permit or certificate without

danger to the public health or safety.

11. Establish or provide for the establishment of orders of priorities

for construction work by the state or by political subdivisions thereof,

giving consideration to urgency of need, cost, availability of material

and manpower, relation to the defense effort, the practicability of

substitute structures or the use of substitute materials, the time

required for construction, the probable date of completion and such

other factors as may be deemed relevant by the council.

12. In the event of attack or when as a result of attack such

publication is impracticable, suspend requirements of law relating to

the publication of notices and prescribe substitute forms of notice.

13. Adopt and make effective rationing, freezing, price-fixing,

allocation or other orders or regulations imposed by the authority of

the federal government in aid of the defense effort and enforce any such

orders or regulations.

14. Restrict and regulate by rationing, freezing, price-fixing,

allocation or otherwise, the use, sale or distribution of food, feed,

fuel, clothing and other commodities, materials, goods or services which

are essential to the health, safety and welfare of the people of the

state and which are scarce or as to which there is imminent danger of

scarcity, to the extent necessary to prevent danger to the health and

safety of the people of the state or to prevent substantial interference

with the defense effort. In connection therewith the council may

temporarily suspend provisions of law requiring the use of particular

kinds of such commodities, materials, goods or services, or prohibiting

substitutes therefor when such suspension is consistent with safety and

health, and may take such other action as may be necessary to minimize

the effect of such scarcity. No regulation or order of the council

promulgated pursuant to this subdivision shall remain in effect more

than ninety days unless extended by law, provided, however, that if the

council or the governor shall determine that because of an attack it is

impossible to assemble a quorum in each house of the legislature within

such ninety day period, such a regulation or order may remain in effect

in accordance with its terms, but in no event longer than thirty days

after the council or the governor has determined that it is possible to

assemble such quorums.

15. In the event of attack provide for the protection and preservation

of property, whether publicly or privately owned, by the owner or person

in control thereof or otherwise.

l6. In the event of attack protect the deposits of banking

organizations and maintain the banking structure of the state; maintain

the business of insurance and protect the interests of holders of

insurance policies and contracts and beneficiaries thereunder and the

interests of the public in connection therewith.

17. In the event of attack, order the effectiveness of emergency

by-laws which may have been previously adopted by a domestic corporation

as hereinafter set forth, provided that such emergency by-laws shall

cease to be effective when the council declares the end of the period of

attack. Emergency by-laws may be adopted in the same manner as that

provided for the adoption of ordinary by-laws and may contain provisions

applicable only during the period of attack with respect to the number

of directors who shall constitute a quorum at a meeting of the board of

directors, the number of votes necessary for action by such board, the

procedure for holding a special election of directors, the manner in

which vacancies on the board of directors shall be filled, and the

interim management of the affairs of the corporation. Emergency by-laws

need not comply with the provisions of the certificate of incorporation

or other certificate of such corporation filed pursuant to law or with

any provision of the general corporation law, the stock corporation law,

the business corporation law or the membership corporation law related

to the matters specifically authorized by the immediately preceding

sentence to be the subject matter of such by-laws. This subdivision,

however, shall not apply to domestic corporation, which, other than

insurance premium finance agencies and sales finance agencies, are

formed under or licensed pursuant to the banking law or which are bank

holding companies or which are insurance organizations as defined in

subdivision one of section ninety-six of this act.

The council shall have power to adopt, promulgate, supplement, rescind

and modify plans, regulations and orders to make effective such powers.

Any such plan, regulation or order shall have the force and effect of

law ten days after filing in the office of the department of state

except that upon a finding by the council that an earlier effective date

is necessary to the safety and health of the people of the state such a

plan, regulation or order may be effective at such time after it is

filed in such office as the council shall provide. Any such plan,

regulation or order shall remain in effect during such period or periods

of time as it shall provide. The secretary of state shall as soon as

possible after any such plan, regulation or order has been so filed mail

a copy thereof to the clerk of each county, town, city and village who

shall keep it on file in his office during the effective period thereof

but failure to mail such copy to any such clerk or the failure of any

such clerk to file it shall not affect the validity of any such plan,

regulation or order. The council shall make adequate provision for

publication of such plans, regulations and orders, which provision may

include publication in the state bulletin or periodic circulars to be

issued by the department of state.