S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   630

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT in relation to creating a state civil air patrol board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title. This act shall be known and may be cited and
referred to as the "New York state civil air patrol act".
  S 2. Declaration of purposes and findings. The legislature  finds  and
declares  that  by  act  of  the eightieth congress (Public Law 557) the
civil air patrol was designated as the civilian auxiliary of the  United
States air force; that the secretary of said air force was authorized to
direct  the  civil  air  patrol  to perform certain non-combatant flying
missions in the interest of national defense  and  the  public  welfare;
that civil air patrol volunteers fly approximately seventy-eight percent
of  the total hours and continental limits of the United States (and all
search and rescue missions in the state of New York); that  in  addition
to its search and rescue operations, ground observer corps missions, and
radar  flight  tests, the civil air patrol engages in missions involving
the patrol of forests,  pipelines,  flooded  areas  and  other  disaster
areas,  and  in  the transportation of critical parts and supplies; that
the civil air patrol is engaged in the pre-flight training  of  fourteen
to eighteen year old boys and girls; that the New York wing of civil air
patrol  has  at  its disposal hundreds of trained and licensed aeroplane
pilots and observers as well as hundreds of privately-owned and  govern-
ment  "on  loan"  aircraft,  as  well as communication facilities, power
plants and mobile equipment, together with a trained staff  of  communi-
cation  personnel;  that the services and equipment of the New York wing
of civil air patrol have been and are available for use by the state  of
New  York  in  missions assisting civil defense and any other mission in
the interest of the public safety, health and general welfare and should

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03438-01-9

A. 630                              2

be utilized to their maximum extent; that the utilization of the trained
manpower and equipment of civil air patrol will provide  the  people  of
the  state  of New York, at a nominal cost, with forest fire protection,
disaster  relief  service,  guaranteed communications, air to ground and
ground to air, and aircraft emergency assistance for   all  state  agen-
cies; that the maximum use by the state of New York of the facilities of
civil  air patrol will encourage its cadet training program; that action
by the legislature to utilize the civil air patrol and its vast manpower
and equipment is declared to be necessary.
  S 3. State civil air patrol board established. There is hereby created
and established in the state emergency management office in  the  execu-
tive  department  a state agency to be known as the New York state civil
air patrol board.
  S 4. Organization. 1. The state civil air patrol board  shall  consist
of seven ex-officio members and three members appointed by the governor.
The  ex-officio  members  shall be as follows: the director of the state
emergency management office, the adjutant general of the  state  of  New
York,  as  an  additional duty of his or her office; and five members of
the civil air patrol, New York wing, appointed by the  director  of  the
state  emergency  management  office  and  three  other members shall be
appointed by the governor of New York state.  The  chair  of  the  board
shall be ex-officio the wing commander of the New York wing of civil air
patrol.  The members of said board appointed by the governor shall serve
for terms of two years from and after their appointment or  until  their
successors are duly appointed and qualified. The governor shall fill all
vacancies  occurring in the appointive members of said board. The gover-
nor may, however, at his or her pleasure,  remove  any  member  of  said
board appointed by him or her.
  2. The members of the board shall serve without compensation.
  3.  The  board  shall  employ such clerical, technical and supervisory
assistants as it deems necessary to carry out the provisions of this act
and to procure the most efficient use of the equipment and  services  of
the civil air patrol.
  4. The board shall meet at such times as the chair may direct.  If the
chair  is unable to discharge the duties of his or her office, the vice-
chair shall discharge such duties. A majority  of  the  members  of  the
board shall constitute a quorum.
  S  5.  Functions,  powers and duties of the board. The state civil air
patrol board shall be authorized and empowered to:
  1. Make such reasonable rules and regulations as may be necessary  for
the proper operation of the said agency.
  2.  Cooperate  with agencies established by or pursuant to laws of the
United States and of the state of New York to promote the state  defense
effort  and  to provide to any state agency communications, rescue work,
mercy missions, aerial observation or  any  other  function  within  the
scope and activity of the civil air patrol.
  3.  To  have all other powers which may be reasonably implied from the
granting of express powers herein, together with such  other  powers  as
may be incident to or necessary for the carrying out and the performance
of the powers and duties herein given to said board.
  4. Report to the governor and to the legislature concerning its activ-
ities at least once a year and whenever requested.
  S 6. This act shall take effect immediately.