Section 40 - Powers of certain state officers and agenciesNothwithstanding 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.N.Y. Defense Emergency Act 1951 Law § 40
Amended by New York Laws 2021 , ch. 322, Sec. 260, eff. 8/2/2021.