Header:
NEW YORK CONSOLIDATED LAW SERVICE
UNCONSOLIDATED LAWS
MILITARY
CHAPTER 131. DEFENSE EMERGENCY ACT
ARTICLE II. STATE DEFENSE COUNCIL
Date:
08/31/2009
Document:
ยง 11. Organization
1. a. The council shall consist of the governor, the lieutenant-governor and the attorney-general; the temporary president of the senate, the minority leader of the senate and the chairman of the senate finance committee; the speaker of the assembly, the majority leader of the assembly, the minority leader of the assembly and the chairman of the assembly ways and means committee; the chairman of the state civil defense commission; and twelve persons to be appointed by the governor by and with the advice and consent of the senate. Except as hereinafter provided in this subdivision, such temporary president and minority leader of the senate, chairman of the senate finance committee, speaker, majority leader and minority leader of the assembly and chairman of the assembly ways and means committee shall each hold office until his successor has been elected or appointed, as the case may be. Such members appointed by the governor shall hold office during the pleasure of the governor. The governor shall serve as chairman of the council and he may designate a member of the council to act as vice-chairman.
b. Within ten days after the date this paragraph becomes effective, and annually thereafter on or before the fifteenth day of January, the temporary president of the senate shall file with the governor
(1) a list containing the names of three members of the senate designated by the temporary president to act in his place and stead as a member of the council, in the order in which such names appear on the list, in the event a vacancy shall occur in the office of temporary president, or he is unable to discharge the powers and duties of his office or is absent from the state, and
(2) a list containing the names of three members of the senate designated by the temporary president to act in the place and stead of the chairman of the senate finance committee as a member of the council, in the order in which such names appear on the list, in the event a vacancy shall occur in the office of such chairman, or he is unable to discharge the powers and duties of his office or is absent from the state. A member of the senate who is acting as a member of the council pursuant to this paragraph shall possess and discharge all the powers and duties of his principal, provided, however, that he shall be disqualified from so acting upon the occurrence of either of the following events: (1) that he has vacated, or is unable to discharge the powers and duties of, the office of member of the senate or is absent from the state, or (2) that the vacancy, disability or absence of his principal or of the member of the senate in whose place he is serving, as the case may be, has ceased to exist.
c. Within ten days after the date this paragraph becomes effective, and annually thereafter on or before the fifteenth day of January, the minority leader of the senate shall file with the governor a list containing the names of three members of the senate designated by the minority leader to act in his place and stead as a member of the council, in the order in which such names appear on the list, in the event a vacancy shall occur in the office of minority leader, or he is unable to discharge the powers and duties of his office or is absent from the state. A member of the senate who is acting as a member of the council pursuant to this paragraph shall possess and discharge all the powers and duties of his principal, provided, however, that he shall be disqualified from so acting upon the occurrence of either of the following events: (1) that he has vacated, or is unable to discharge the powers and duties of, the office of member of the senate or is absent from the state, or (2) that the vacancy, disability or absence of his principal or of the member of the senate in whose place he is serving, as the case may be, has ceased to exist.
d. Within ten days after the date this paragraph becomes effective, and annually thereafter on or before the fifteenth day of January, the speaker of the assembly shall file with the governor (1) a list containing the names of three members of the assembly designated by the speaker to act in his place and stead as a member of the council, in the order in which such names appear on the list, in the event a vacancy shall occur in the office of speaker, or he is unable to discharge the powers and duties of his office or is absent from the state, and (2) a list containing the names of three members of the assembly designated by the speaker to act in the place and stead of the majority leader of the assembly as a member of the council, in the order in which such names appear on the list, in the event a vacancy shall occur in the office of majority leader, or he is unable to discharge the powers and duties of his office or is absent from the state, and (3) a list containing the names of three members of the assembly designated by the speaker to act in the place and stead of the chairman of the assembly ways and means committee as a member of the council, in the order in which such names appear on the list, in the event a vacancy shall occur in the office of such chairman, or he is unable to discharge the powers and duties of his office or is absent from the state. A member of the assembly who is acting as a member of the council pursuant to this paragraph shall possess and discharge all the powers and duties of his principal, provided, however, that he shall be disqualified from so acting upon the occurrence of either of the following events: (1) that he has vacated, or is unable to discharge the powers and duties of, the office of member of the assembly, or is absent from the state, or (2) that the vacancy, disability or absence of his principal or of the member of the assembly in whose place he is serving, as the case may be, has ceased to exist.
e. Within ten days after the date this paragraph becomes effective, and annually thereafter on or before the fifteenth day of January, the minority leader of the assembly shall file with the governor a list containing the names of three members of the assembly designated by the minority leader to act in his place and stead as a member of the council, in the order in which such names appear on the list, in the event a vacancy shall occur in the office of minority leader, or he is unable to discharge the powers and duties of his office or is absent from the state. A member of the assembly who is acting as a member of the council pursuant to this paragraph shall possess and discharge all the powers and duties of his principal, provided, however, that he shall be disqualified from so acting upon the occurrence of either of the following events: (1) that he has vacated, or is unable to discharge the powers and duties of, the office of member of the assembly or is absent from the state, or (2) that the vacancy, disability or absence of his principal or of the member of the assembly in whose place he is serving, as the case may be, has ceased to exist.
2. The members of the council shall serve without compensation, but shall be reimbursed for their traveling and other expenses, within and without the state, actually and necessarily incurred by them in the performance of their duties under this act.
3. The council may employ such officers, including counsel, and such other technical, clerical, stenographic and other employees or assistants as it may require, prescribe their powers and duties, and fix their compensation within available appropriations.
4. The council shall meet on the first Wednesday of each month, if called by the chairman, and at such other times and at such places as the chairman may direct. The council may prescribe the manner in which it may be convened in case the chairman is unable to discharge the duties of his office. A majority of the members of the council shall constitute a quorum, excepting that in the event of attack any number of members attending a meeting shall constitute a quorum with the consent of the governor.
5. No part of any moneys appropriated to the council may be expended except pursuant to resolution of the council. The council may allocate out of the appropriations made available to it moneys for functions, activities, facilities or services authorized by it and authorize the expenditure of such moneys by the executive officer or officers having charge of such function, activity, facility or service with the approval of the chairman or vice-chairman of the council, or of an officer of the council designated by the chairman.
6. For the purpose of meeting unforseen emergencies within the purview of this act, the council is authorized (a) to allocate to the governor from time to time sums to be expended pursuant to his direction in the event of attack, and (b) to empower the governor or a subcommittee to take administrative action in its behalf. The governor and each such subcommittee shall report to the council at each meeting of such expenditures or actions theretofore made, authorized or taken by him or it since the preceding report.
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