N.Y. Defense Emergency Act 1951 784/51 § 40: Powers of certain state officers and agencies

§ 40. Powers of certain state officers and agencies. Nothwithstanding

the provisions of any law, for the purpose of providing during the

defense emergency (a) for unanticipated or emergency needs for the

protection of the safety and health of the people of the state in the

event of attack, or (b) for the mobilization and efficient utilization

of all of the resources and facilities in the state in aid of the

defense effort, or (c) for the orderly conduct of public or private

affairs in a manner consistent with the requirements of the defense

effort, the following officers or agencies of the state shall have power

to take action or to adopt, promulgate and make effective plans,

regulations or orders, consistent with the provisions of this act and

with any actions taken or plans, regulations or orders adopted and

promulgated by the council, with respect to the following matters:

1. The civil service commission, upon a finding that because of the

manpower requirements of the armed services and the defense effort

vacancies exist which cannot otherwise be readily, equitably and

satisfactorily filled, shall have such power with respect to (a)

extension of provisional appointments until lists are established and

appointments are made therefrom; (b) extension of eligible lists; (c)

waiver of residence or citizenship requirements relating to public

offices or employments; (d) restriction of leaves of absence except for

illness, entrance into the armed forces of the United States, or for

other reasons which are in the public interest; (e) employment for

temporary periods of officers or employees in agencies other than those

in which they are regularly employed; (f) authorization of the

employment of public officers and employees in additional public offices

or employment; and (g) authorization of compensated employment as public

officers or employees, of persons receiving pensions or retirement

allowances where such compensated employment is not already authorized

by law, provided that adequate provision is made whereby the value of

the pension or retirement allowance is deducted from the compensation

paid for such employment. The commission may determine that it will

exercise any such power with respect to municipal civil service

administration only upon the written request of the appropriate civil

service commission.

2. The comptroller (a) upon a finding that because of shortage of

supply or because of danger to health and safety immediate action is

necessary, shall have such power with respect to suspension of

provisions of law relating to public purchasing or letting of public

contracts and regulation of the manner in which such purchasing or

letting is to be accomplished during the period of such suspension; and

(b) in the event of attack, shall have power to issue notes for the

purpose of paying expenses incurred by the state or, to the extent

authorized by the legislature, by any political subdivision of the

state, for the purpose of repelling invasion, suppressing insurrection

or defending the state in war. Each such note shall mature within a

period of not to exceed two years from the date of original issue

thereof, but may contain provision for payment thereof within such two

year period. Unless the legislature shall provide for the issuance of

bonds to redeem such notes, such notes shall be paid not later than

their respective maturity dates. The comptroller shall report to the

legislature at the opening of its regular or extraordinary session all

action taken by him pursuant to this subdivision.

3. The industrial commissioner shall have such power with respect to

safety and record of manufacture, sale, possession, use or ownership of

fireworks or explosives and the manufacture and transportation of

firearms, but such powers shall not apply to the personal possession,

use or ownership of firearms and ammunition therefor.

4. The public service commission, upon a finding that it is necessary

for public health or safety, shall have such power with respect to (a)

maintenance, restriction, limitation, extension or interconnection of

public utility services, whether privately or publicly owned; and (b)

means or devices of communication other than those exclusively regulated

by federal authorities.

5. The secretary of state shall have such power with respect to (a)

extension or restriction of the hours during which public business may

be conducted, public offices kept open, and officers and employees

required to perform their powers and duties therein; and (b) designation

of substitute places where public offices may be located or public

business conducted.

6. The commissioner of transportation, upon a finding that there is a

shortage of equipment, gasoline, oil or other supplies necessary for the

use of motor vehicles or upon the request of the president of the United

States or of the head of a federal department or agency having

responsibility relative to the defense effort, or upon a finding that it

is necessary for public health or safety, shall have such power with

respect to transportation or travel subject to his jurisdiction,

including the speeds at which and the conditions under which such

transportation or travel may be conducted.

7. Heads of departments in charge of institutions shall have such

power with respect to health or safety of incarcerated individuals

thereof, including transportation of incarcerated individuals to, from

and between such institutions.