Legislation
SECTION 11
Organization
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 2
§ 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: (l) 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.
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: (l) 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.