NEW YORK STATE EMERGENCY DEFENSE ACT
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NYC BEING NUKED ONCE AGAIN, WHY DOESN'T ALBANY THE STATES CAPITAL USED? I AM SURE NYC RESIDENTS WOULD LIKE TO SEE THAT PICTURE. ThE EMERGENCY DEFENSE ACT Mentions AND REFERS TO NYC QUITE A BIT. |
THE FOLLOWING WAS DRAFTED AND PASSED BY NEW YORK STATE IN 1951.THIS LEGISLATION NEVER MENTIONS AN ENEMY, ALTHOUGH KOREA IS DISCUSSED AND THE VARIOUS ACTS OF AGGRESSION BY COMMUNISTS IN EUROPE AND ASIA, FUNNY THEY SAY THE WORD ENEMY BUT NEVER MENTION ONE, SO I WILL SAY IT......THE SOVIET UNION! JOSEPH "IRON JOE" STALIN AND HIS CRONIES IN THE ALTERNATE UNIVERSE THE SOVIET UNION GOING TIT FOR TAT WITH THE UNITED STATES, THIS SCARED NYS AND NYC (which is mentioned as part of the coming attack possibly to throw off the soviet union into thinking Albany is not the capital so don't point any bombers our way send them to nyc,,,joking)SO BADLY THEY DREW UP THIS LEGISLATION AND PASSED IT. NYS WAS PROBABLY THE MOST CIVIL DEFENSE DEVOUT WHEN GOV. ROCKEFELLER WAS IN OFFICE AS WELL AS NYC MAYOR LAGUARDIA WHO WAS KNOWN TO JUMP ON A FIRE ENGINE OR TWO ON ITS WAY TO A FIRE. THIS EMERGENCY ACT WAS A VERY DETAILED PIECE OF WORK AND BESIDE SHOWING HOW SCARED THEY OF BEING ATTACKED THEY HATED COMMUNIST'S THAT WALKED QUIETLY AMONG US AND WANTED EACH AND EVERY ONE IDENTIFIED AND DEALT WITH. THE WHOLE COUNTRY WAS BLACKLISTING ANY SUSPECTED COMMIE MANY ARTISTS,ACTORS,WRITERS WERE RUINED BY THIS BUT THAT WAS THE COLD WAR.
THIS WHOLE NEW YORK STATE DEFENSE EMERGENCY ACT OF 1951 IS LONG BUT VERY INTERESTING TO BE ABLE TO SEE INTO THE WHAT PEOPLE WERE THINKING AFTER THE SOVIETS DETONATED A ATOMIC WEAPON AND ALSO BEING ABLE TO PUT A BEEPING SATELLITE CALLED SPUTNICK INTO ORBIT RIGHT OVER AMERICA'S HEADS!!A FEW YEARS AFTER MOST OF THEIR COUNTRY WAS DESTROYED BY THE NAZIS AND MOST OF THE COUNTRYS ESSENTIAL MATERIAL FOR BUILDING DEPLETED.BUT AMERICA SAW THE MUSHROOM CLOUD ON TINY TV SCREENS OR NEWS REELS BEFORE MOVIES. I NEVER KNEW WHAT THIS LEGISLATION WAS BUT I SAW IT ON SIGNS AROUND AIRPORTS AND OLD DEFENSE PLANTS I EXPLORED. "NO TRESPASSING ALLOWED BY ORDER OF THE NYS EMERGENCY DEFENSE ACT" THESE SIGNS AND OTHERS ARE A RARE FIND IN THE 21st CENTURY
I HAVE INCLUDED ONLY THE FIRST PART OF THIS LEGISLATION SINCE THE SIZE OF IT IS QUITE LARGE IT CAN BE READ IN ITS ENTIRETY AT -law.onecle.com JUST TYPE IN THE TITLE OF THE NYS DEFENSE ACT.
CHAPTER 784/51
NEW YORK STATE DEFENSE EMERGENCY ACT
Article I. Short title; definitions.
I-A. Succession to office of governor.
II. State defense council.
III. Civil defense.
II-A. Shelter protection.
IV. Powers of agencies.
V. Power of dispensation from certain limitations of law.
VI. Closing or restricting use of highways; posting of property.
VII. Banking.
VII-A. Insurance.
VIII. Violations and penalties; peace officers.
IX. Miscellaneous provisions; construction and duration of act.
ARTICLE 1
Short Title; Definitions
Section 1. Short title.
2. Declaration of purpose and findings.
2-a. Further declaration of purpose and findings relating to the
protection of the people in the event of nuclear attack
and recovery and rehabilitation after attack.
3. Definitions.
Section 1. Short title. This act shall be known and may be cited and
referred to as the "New York state defense emergency act."
§ 2. Declaration of purpose and findings. The legislature hereby finds
that there exists a serious danger that this state will be subjected to
enemy attack, including attack by atomic bombs or other radiological
weapons.
On December sixteenth, nineteen hundred fifty, because of the grave
threat to national security, the president of the United States declared
a state of national emergency, summoning all state and local leaders and
officials to cooperate fully with the military and civil defense
agencies of the United States.
The federal civil defense act of nineteen hundred fifty passed by
congress on January second, nineteen hundred fifty-one and signed by the
president on January twelfth, nineteen hundred fifty-one, as amended by
public law eighty-five-six hundred six declares it to be the policy and
intent of the congress that the responsibility for civil defense shall
be vested jointly in the federal government and the states and their
political subdivisions.
Nations with communist governments presently dominate one-third of the
population of the world. Some of these nations have aided and assisted
the nations which have perpetrated aggression in Korea. Acts of
communist aggression have occurred in other parts of Asia and in Europe.
These communist governments have conducted incessant propaganda
attacks upon the United States and have engaged in repeated
demonstrations of hostility. The president of the United States has
stated that in one of these nations there has occurred an atomic
explosion. Our military leaders have informed us that these nations
possess bombers capable of flying an atomic bomb to any point in the
state of New York.
The national security resources board has in its plan for organizing
civil defense stated that an atomic bomb exploded in a large city can
destroy virtually all property and lives within a radius of
three-fourths of a mile from the point of explosion and cause great
damage at even greater distance. It is estimated that a single such
explosion would kill nearly eighty thousand persons and severely injure
many more.
In view of the professed determination of the government of the United
States to resist further communist aggression, and because of the
likelihood of resort to atomic and radiological weapons in the event of
further conflict between this nation and communist aggressors, the peril
to the people of this state is sufficiently great that the precautions
embodied in this act must be taken.
The present inadequate size of our armed forces, their lack of
equipment, critical shortages in essential goods and certain production
facilities make necessary intensified mobilization to the end that the
defense of the United States be strengthened as speedily as possible.
Under all of the circumstances it is obvious that the enormity of the
defense effort which must be made by the United States will cause great
dislocation to its normal economy. One of the further purposes of this
act is to minimize the hardship resulting from these dislocations, and
to permit the fullest participation by the people of this state in the
defense effort.
It is the purpose of this legislation to meet these dangers and
problems with the least possible interference with the existing division
of the powers of the government and the least possible infringement of
the liberties of the people, including the freedom of speech, press and
assembly.
§ 2-a. Further declaration of purpose and findings relating to the
protection of the people in the event of nuclear attack and recovery and
rehabilitation after attack. The legislature hereby finds and declares
that the aggressive forces of communism are employing threats of nuclear
attack to achieve their plan and purpose of world domination and to
confound the aspirations of free people everywhere. It is increasingly
apparent that effective fallout protection as an integral part of a
strong civil defense is essential to the nation's military defense, to
our negotiating strength, to the deterrence of nuclear aggression and to
our resistance to nuclear blackmail. In the event of attack, fallout
protection and a comprehensive civil defense program are essential to
minimize injury and loss of life and to make possible the recovery of
the people, the restoration and rehabilitation of the state's economy
and the preservation of the spiritual, cultural and political heritage
of our nation.
The entire population of the state is now exposed and vulnerable to
death or disability from any nuclear attack that might be launched
against us. While the radioactive fallout which follows the explosion of
nuclear weapons would create the most widespread danger faced by our
population in the event of a nuclear attack, the means for protecting
the state's population from such fallout are known and are feasible.
In furtherance of the national goal declared by the president of the
United States to reach for fallout protection for every American as
rapidly as possible and as an integral part of the state's comprehensive
civil defense program, a major objective of the state is to have for
each person in the state of New York fallout protection ready and
adequate for survival, which will make possible recovery and
rehabilitation in the event of nuclear attack.
This objective can be achieved only by a cooperative effort which
mobilizes the resources of individuals, business, labor, agriculture and
other private groups and government at every level--federal, state and
local. All levels of government must recognize and accept their mutual
obligations to plan, encourage and assist the orderly establishment of
adequate fallout shelters, readily accessible to all the people, but the
effectiveness of the joint effort, public and private, to protect
against the dangers of nuclear attack will depend in large measure on
the success and vigor with which local communities and families organize
for their survival.
The state must give leadership and direction in this important task of
establishing a strong civil defense and achieving fallout protection for
each person in the state. To this end the legislature has established a
broad coordinated civil defense program.
A primary consideration in this program for survival and recovery of
our state following a nuclear attack is the necessity for preservation
of our young people. Therefore, as an essential part of the coordinated
civil defense effort in each community, the authorities of public and
private schools, colleges and universities should provide fallout
protection in or near their buildings and the state should encourage and
assist financially through state civil defense aid the development of
such fallout protection. The state, by fostering fallout protection at
the schools, colleges and universities scattered over the length and
breadth of the state in every community, will not only aid in providing
protection for our young people but will also thereby provide a
direction and an awareness of the need for public and private action in
support of the civil defense effort.
In addition, as a part of this program, the state should
--encourage and assist private individuals to provide adequate shelter
protection for their families, either singly or in groups;
--encourage and foster the construction of shelters in all
publicly-assisted housing;
--encourage and assist landlords and employers to provide shelter
protection for their tenants and employees;
--encourage local offlcials and community leaders, within the
framework of a coordinated civil defense plan, to take positive steps to
promote and assist the development of shelter protection by the citizens
individually and collectively in each locality; and
--construct and install shelters on state-owned property to provide
protection for state workers and other occupants.
Furthermore, the state must cooperatively supplement the program being
provided and developed by the federal government and the state must
share with the federal government the responsibility of insuring that
all protective measures adopted reflect the latest techniques and
developments available.
At all times the objectives and planning of civil defense should be
directed to the survival not only of the people of the state but of
their way of life. Intensive efforts must be made to establish the means
and methods which will, in the event of nuclear attack, make possible
the recovery of the people and the rehabilitation of the economic and
social life of the state following any such attack.
§ 3. Definitions. As used in this act the following terms shall mean
and include:
1. "Agency." An office, department, division, bureau, board or
commission of the state or of a political subdivision thereof, including
volunteer agencies.
2. "Attack." Any attack, actual or imminent, or series of attacks by
an enemy or a foreign nation upon the United States causing, or which
may cause, substantial damage or injury to civilian property or persons
in the United States in any manner by sabotage or by the use of bombs,
shellfire, or nuclear, radiological, chemical, bacteriological, or
biological means or other weapons or processes.
3. "City director." The director of civil defense heading a city
office.
4. "City office." A city office of civil defense or a consolidated
city office of civil defense.
5. "Civil defense." All those activities and measures designed or
undertaken (l) to minimize the effects upon the civilian population
caused or which would be caused by an attack, (2) to deal with the
immediate emergency conditions which would be created by any such
attack, and (3) to effectuate emergency repairs to, or the emergency
restoration of, vital utilities and facilities destroyed or damaged by
any such attack. Such term shall include, but shall not be limited to,
(A) measures to be taken in preparation for anticipated attack
(including the establishment of appropriate organizations, operational
plans, and the supporting agreements; the recruitment and training of
personnel; the conduct of research; the procurement and stockpiling of
materials necessary to the survival, recovery and rehabilitation of the
state and of its inhabitants; the provision of suitable warning systems;
the construction or preparation of shelters and control centers;
provisions for the continuity of state and local governments; and, when
appropriate, the non-military evacuation of civil population); (B)
measures to be taken during attack (including the enforcement of passive
defense regulations prescribed by duly established military or civil
authorities; the movement of personnel to shelters; the control of
traffic and panic; and the control and use of lighting and civil
communications); and (C) measures to be taken following attack
(including but not limited to activities for fire fighting; rescue,
emergency medical, health and sanitation services; monitoring for
radiation and other specific hazards of special weapons; decontamination
procedures; unexploded bomb reconnaissance; essential debris clearance;
emergency welfare measures; immediately essential emergency repair or
restoration of damaged vital facilities; the implementation of the means
and methods for the recovery and rehabilitation of the state; effective
utilization of all persons and materials; care and shelter for those
made homeless; distribution of stockpiled food, water, medical supplies,
machinery and other equipment; the preservation of raw materials; the
restoration of essential community services, industrial and
manufacturing capacity, and commercial and financial activities in the
state; and the resumption of educational programs).
6. "Civil defense forces." Agencies, public officers, employees, and
enrolled civil defense volunteers, all having duties and
responsibilities under or pursuant to this act in connection with civil
defense.
7. "Commission." The state civil defense commission created by article
three of this act.
8. "Communication facility" or "communication device" shall not mean
or include a newspaper.
9. "Council." The New York state defense council created by article
two of this act.
10. "County director." The director of civil defense heading a county
office.
11. "County office." A county office of civil defense or a
consolidated county office of civil defense.
l2. "Defense effort." The preparation of the United States and other
nations cooperating with it for defense against attack and for the
conduct of war.
l3. "Defense emergency." The period beginning with the effective date
of this act and ending upon the termination of the national emergency as
proclaimed by the president of the United States on December sixteenth,
nineteen hundred fifty.
14. "Drill." Any duly authorized activity of the state civil defense
commission or a local office of civil defense, or subdivision, service
or unit thereof, with or without the participation of the general
public, held in training or preparation for enemy attack or for
rehabilitation and recovery procedures following an attack. Drill is
synonymous with authorized test, training, or training or practice
exercise. Drill includes assistance by civil defense forces in combating
natural or peacetime disasters upon the direction of a public officer
authorized by law to call upon a civil defense director for assistance
in protecting human life or property.
15. "Facilities." Buildings, shelters, utilities, and land.
16. "Fallout shelter." A building, structure or other real property,
or an area or portion thereof, so constructed, altered or improved as to
provide protection against harmful radiation resulting from radioactive
fallout in accordance with the plan, regulations or orders of the
commission pertaining thereto, including such plumbing, heating,
electrical, ventilating, conditioning, filtrating and refrigerating
equipment and other mechanical additions or installations, if any, as
may be an integral part thereof.
17. "Law." A general or special statute, law, city or village charter,
local law, ordinance, resolution, rule, regulation, order or rule of
common law.
18. "Local director." A county director or a city director.
19. "Local office." A county office or a city office.
20. "Materials." Raw materials, food, water, supplies, medicines,
machinery, equipment, component parts and technical information and
processes necessary for civil defense.
21. "Municipal agency." An agency of a political subdivision
responsible for police, fire, sanitation, public works, street, sewer,
water, health, emergency or other services involving duties and
responsibilities in connection with civil defense.
22. "Political subdivision." A county, town, city, village, school
district or other district, district corporation or public benefit
corporation.
23. "Shelter." A building, structure or other real property, or an
area or portion thereof, which is to be used for the protection of
persons during or after an attack, including such services, utilities
and equipment, if any, as may be an integral part thereof.
24. "State director." The New York state director of civil defense.
25. "Volunteer agencies." Agencies sponsored or authorized by the
commission or local offices of civil defense the personnel of which are
in major part selected from among volunteer persons serving without
compensation and may include wardens, shelter captains, warning
services, auxiliary police, auxiliary firemen, bomb squads, radiological
units and personnel, rescue squads, emergency medical units and other
medical forces, nurses' aides, repair crews, monitoring and
decontamination squads, demolition crews and all other similar forces
and services having duties and responsibilities in connection with civil
defense.
ARTICLE 1-A
§ 5. Persons eligible to succeed governor. If, as a result of an
attack or a natural or peacetime disaster, the office of governor
becomes vacant and each of the lieutenant governor, the temporary
president of the senate and the speaker of the assembly is unable to
discharge the powers and duties of the office of governor or is absent
from the state, then the officer of the state who is (a) highest in
order of the following list, (b) not otherwise unable to discharge such
powers and duties, and (c) not absent from the state, shall act as
governor: attorney general, comptroller, commissioner of
transportation, commissioner of health, commissioner of commerce,
industrial commissioner, chairman of the public service commission,
secertary of state.
§ 6. An individual who is acting as governor under this article shall
continue to do so until the vacancy in the office of governor shall be
filled by election or by the qualification of the lieutenant governor,
the temporary president of the senate or the speaker of the assembly.
The removal of a disability or the termination of an absence from the
state of an officer higher on the list contained in section one of this
article shall not terminate the service in the office of governor of
such individual who is acting as governor.