N.Y. Defense Emergency Act 1951 784/51 § 26: Conscription for civil defense forces

§ 26. Conscription for civil defense forces. 1. When authorized by

regulation of the council, a county or a city may conscript persons to

perform the duties specified in sections twenty-three and twenty-four of

this chapter. Selection of such personnel shall be on a fair and

impartial basis and in accordance with the regulations of the council.

2. A regulation of the council authorizing such action shall be

effective only under the following circumstances:

a. If after the effective date of this act the United States declares

war, or

b. If an attack occurs upon any part of the United States, or its

bases, territories or possessions, or

c. If the personnel necessary to make effective a plan of civil

defense of any county or city is not supplied by volunteers in

accordance with the following schedule: within three months after the

approval of such plan, twenty-five per cent; within six months after

such approval, fifty per cent; within twelve months after such approval,

seventy-five per cent.

3. Such regulation by the council shall provide for selection of

personnel on a fair and impartial basis by age, training, occupation,

ability or such other classification as the council finds appropriate

and shall specify any exceptions to such classifications in connection

with physical condition, family needs, callings, vocations or

professions which must be followed or performed during or after attack,

unusual occupational demands, or similar matters.

4. Whenever practicable the appropriate selective service officers and

other state and federal agencies having powers and duties with respect

to manpower shall be informed of action taken pursuant to this section

and such action shall be coordinated with the action of those agencies.

5. If the legislature is in regular session the council through the

governor shall within five days transmit to the legislature for its

consideration a report of any action taken pursuant to this section. If

the legislature is not in session and consideration of such report has

not been included in the governor's call for an extraordinary session of

the legislature, the governor shall transmit such report to the

legislature at the opening of its next regular session.

6. Regular or duly ordained ministers of religion and members of

recognized religious orders shall be exempt from the application of the

powers granted by this section.