§ 12. Powers of council. Notwithstanding the provisions of any other
law, but subject to the state constitution, the federal constitution and
the federal statutes and regulations made pursuant to it, during the
defense emergency the council shall provide (a) for unanticipated or
emergency needs for the protection of the safety and health of the
people of the state in event of attack, and (b) for the mobilization and
efficient utilization of all the resources and facilities in the state
in aid of the defense effort. Without prejudice to the generality of
such powers the council may to the extent necessary or expedient for
either of such purposes:

1. Make studies and surveys with respect to all activities, matters
and things related thereto.

2. Cooperate with agencies established by or pursuant to laws of the
United States and of the several states to promote the defense effort,
and coordinate the work or activities of all state and local agencies
and of all other groups having substantially similar objects and
purposes.

3. Authorize cooperative relationships between agencies of the state,
between such agencies and agencies of political subdivisions and between
agencies of the same or different political subdivisions.

4. Restrict, regulate or implement any power or duty which by or
pursuant to this act is granted to or imposed upon any agency of the
state or of any political subdivision and exercise or perform itself, or
restrict, regulate or require the exercise or performance of any such
power or duty.

5. Require agencies of the state to act as agencies of the council, or
create agencies of the council, to aid and assist in the discharge of
one or more of the functions of the council and grant authority to such
agencies as may be deemed necessary for the effective accomplishment of
any of such functions.

6. Request and obtain such cooperation, assistance, data and personnel
from any agency of the state or of any political subdivision as the
council may reasonably require for the consummation of its work.

7. Consolidate, curtail or abolish offices, positions, powers,
functions or duties created, performed or imposed pursuant to the
authority or requirements of this act.

8. Establish programs to encourage and make effective maximum and
efficient production, harvesting, processing and preservation of food
and other products essential to the defense effort and efficient and
proper transportation, distribution, vending and utilization thereof and
to recruit, enroll, train and organize persons for such purposes.

9. When requested by the president or the congress or the head of a
federal department, agency or office having duties in connection with
the defense effort, or when necessary for the safety and health of the
people of the state authorize labor, business or work on Sundays and
legal holidays and regulate such labor, business or work to the extent
necessary for the safety and health of persons employed in connection
therewith and in a manner consistent so far as practicable with the
needs of public worship and the quiet and repose of the community.

10. Issue or provide for the issuance for a period or periods not to
exceed thirty days each of any license, permit or certificate of
registration issued or which may be issued by any agency of the state or
of a political subdivision thereof, and extend or vary or provide for
the extension or variance for a period or periods of not to exceed
thirty days each of the terms, conditions and requirements thereof;
provided such license, permit or certificate shall be issued only to a
person who holds in some other place or has previously held a similar
license, permit or certificate or who is reasonably able to execute the
authority and provisions of such license, permit or certificate without
danger to the public health or safety.

11. Establish or provide for the establishment of orders of priorities
for construction work by the state or by political subdivisions thereof,
giving consideration to urgency of need, cost, availability of material
and manpower, relation to the defense effort, the practicability of
substitute structures or the use of substitute materials, the time
required for construction, the probable date of completion and such
other factors as may be deemed relevant by the council.

12. In the event of attack or when as a result of attack such
publication is impracticable, suspend requirements of law relating to
the publication of notices and prescribe substitute forms of notice.

13. Adopt and make effective rationing, freezing, price-fixing,
allocation or other orders or regulations imposed by the authority of
the federal government in aid of the defense effort and enforce any such
orders or regulations.

14. Restrict and regulate by rationing, freezing, price-fixing,
allocation or otherwise, the use, sale or distribution of food, feed,
fuel, clothing and other commodities, materials, goods or services which
are essential to the health, safety and welfare of the people of the
state and which are scarce or as to which there is imminent danger of
scarcity, to the extent necessary to prevent danger to the health and
safety of the people of the state or to prevent substantial interference
with the defense effort. In connection therewith the council may
temporarily suspend provisions of law requiring the use of particular
kinds of such commodities, materials, goods or services, or prohibiting
substitutes therefor when such suspension is consistent with safety and
health, and may take such other action as may be necessary to minimize
the effect of such scarcity. No regulation or order of the council
promulgated pursuant to this subdivision shall remain in effect more
than ninety days unless extended by law, provided, however, that if the
council or the governor shall determine that because of an attack it is
impossible to assemble a quorum in each house of the legislature within
such ninety day period, such a regulation or order may remain in effect
in accordance with its terms, but in no event longer than thirty days
after the council or the governor has determined that it is possible to
assemble such quorums.

15. In the event of attack provide for the protection and preservation
of property, whether publicly or privately owned, by the owner or person
in control thereof or otherwise.

l6. In the event of attack protect the deposits of banking
organizations and maintain the banking structure of the state; maintain
the business of insurance and protect the interests of holders of
insurance policies and contracts and beneficiaries thereunder and the
interests of the public in connection therewith.

17. In the event of attack, order the effectiveness of emergency
by-laws which may have been previously adopted by a domestic corporation
as hereinafter set forth, provided that such emergency by-laws shall
cease to be effective when the council declares the end of the period of
attack. Emergency by-laws may be adopted in the same manner as that
provided for the adoption of ordinary by-laws and may contain provisions
applicable only during the period of attack with respect to the number
of directors who shall constitute a quorum at a meeting of the board of
directors, the number of votes necessary for action by such board, the
procedure for holding a special election of directors, the manner in
which vacancies on the board of directors shall be filled, and the
interim management of the affairs of the corporation. Emergency by-laws
need not comply with the provisions of the certificate of incorporation
or other certificate of such corporation filed pursuant to law or with
any provision of the general corporation law, the stock corporation law,
the business corporation law or the membership corporation law related
to the matters specifically authorized by the immediately preceding
sentence to be the subject matter of such by-laws. This subdivision,
however, shall not apply to domestic corporation, which, other than
insurance premium finance agencies and sales finance agencies, are
formed under or licensed pursuant to the banking law or which are bank
holding companies or which are insurance organizations as defined in
subdivision one of section ninety-six of this act.

The council shall have power to adopt, promulgate, supplement, rescind
and modify plans, regulations and orders to make effective such powers.
Any such plan, regulation or order shall have the force and effect of
law ten days after filing in the office of the department of state
except that upon a finding by the council that an earlier effective date
is necessary to the safety and health of the people of the state such a
plan, regulation or order may be effective at such time after it is
filed in such office as the council shall provide. Any such plan,
regulation or order shall remain in effect during such period or periods
of time as it shall provide. The secretary of state shall as soon as
possible after any such plan, regulation or order has been so filed mail
a copy thereof to the clerk of each county, town, city and village who
shall keep it on file in his office during the effective period thereof
but failure to mail such copy to any such clerk or the failure of any
such clerk to file it shall not affect the validity of any such plan,
regulation or order. The council shall make adequate provision for
publication of such plans, regulations and orders, which provision may
include publication in the state bulletin or periodic circulars to be
issued by the department of state.