N.Y. Defense Emergency Act 1951 Law § 26

Current through 2024 NY Law Chapter 553
Section 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.

N.Y. Defense Emergency Act 1951 Law § 26