Legislation
SECTION 23-B
State civil defense aid for counties and cities
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 3
§ 23-b. State civil defense aid for counties and cities. 1. Subject to
the conditions prescribed in this section, counties, except those
contained in the city of New York, and cities shall be eligible to
receive state civil defense aid for expenditures made pursuant to the
provisions of section twenty-three-a of this act for the acquisition,
construction and installation of protected emergency operating centers.
2. To the extent that the federal government shall provide aid for at
least one-half of such expenditures, state civil defense aid in an
amount equal to one-half of the difference between such expenditures and
such federal aid shall be paid to such counties and cities, provided
that such expenditures shall have been made with the prior approval of
the state comptroller and the commission and in accordance with section
twenty-three-a of this act.
3. Claims for such state aid shall be certified by the local director
and submitted to the state director on such dates, with such information
and in such form as he may prescribe. Such state aid shall be paid upon
such claims as are approved by the state director and after audit by and
on warrant of the state comptroller.
4. Where the county or city has issued obligations pursuant to
paragraph (a) of subdivision two of section twenty-nine of this act for
the acquisition, construction and installation of protected emergency
operating centers, state civil defense aid received pursuant to this
section shall be applied to the payment of the interest on and principal
of any such obligations as may be outstanding.
5. Subject to the provisions of paragraph u. of subdivision three of
section twenty-one and section one hundred fifteen of this act, the
department of taxation and finance shall have power to receive any and
all moneys made available by the federal government for such aid or for
other civil defense or defense effort purposes. The moneys so received
shall be deposited by the department of taxation and finance in a
special fund or funds and shall be paid out or used by the state
exclusively for the purposes and subject to the terms and conditions
specified by the appropriate federal officer or agency. Moneys shall be
paid out from such fund or funds in the same manner as is applicable to
the payment out of state moneys.
6. In addition to any moneys appropriated or made available therefor
and in the event of the necessity therefor in order to defend the people
of the state, the state comptroller shall have power to issue notes to
pay the costs incurred by the state for the acquisition, construction,
installation, storage and maintenance of facilities and materials
essential for shelter use and the safety and health of the people in the
event of attack and for the payment of state civil defense aid to
counties and cities pursuant to this section. Each such note shall
mature within a period of not to exceed two years from the date of
original issue thereof, but may contain provision for payment thereof
within such two year period. Unless the legislature shall provide for
the issuance of bonds to redeem such notes, such notes shall be paid not
later than their respective maturity dates. The comptroller shall report
to the legislature at the opening of its next regular or extraordinary
session all action taken by him pursuant to this subdivision.
the conditions prescribed in this section, counties, except those
contained in the city of New York, and cities shall be eligible to
receive state civil defense aid for expenditures made pursuant to the
provisions of section twenty-three-a of this act for the acquisition,
construction and installation of protected emergency operating centers.
2. To the extent that the federal government shall provide aid for at
least one-half of such expenditures, state civil defense aid in an
amount equal to one-half of the difference between such expenditures and
such federal aid shall be paid to such counties and cities, provided
that such expenditures shall have been made with the prior approval of
the state comptroller and the commission and in accordance with section
twenty-three-a of this act.
3. Claims for such state aid shall be certified by the local director
and submitted to the state director on such dates, with such information
and in such form as he may prescribe. Such state aid shall be paid upon
such claims as are approved by the state director and after audit by and
on warrant of the state comptroller.
4. Where the county or city has issued obligations pursuant to
paragraph (a) of subdivision two of section twenty-nine of this act for
the acquisition, construction and installation of protected emergency
operating centers, state civil defense aid received pursuant to this
section shall be applied to the payment of the interest on and principal
of any such obligations as may be outstanding.
5. Subject to the provisions of paragraph u. of subdivision three of
section twenty-one and section one hundred fifteen of this act, the
department of taxation and finance shall have power to receive any and
all moneys made available by the federal government for such aid or for
other civil defense or defense effort purposes. The moneys so received
shall be deposited by the department of taxation and finance in a
special fund or funds and shall be paid out or used by the state
exclusively for the purposes and subject to the terms and conditions
specified by the appropriate federal officer or agency. Moneys shall be
paid out from such fund or funds in the same manner as is applicable to
the payment out of state moneys.
6. In addition to any moneys appropriated or made available therefor
and in the event of the necessity therefor in order to defend the people
of the state, the state comptroller shall have power to issue notes to
pay the costs incurred by the state for the acquisition, construction,
installation, storage and maintenance of facilities and materials
essential for shelter use and the safety and health of the people in the
event of attack and for the payment of state civil defense aid to
counties and cities pursuant to this section. Each such note shall
mature within a period of not to exceed two years from the date of
original issue thereof, but may contain provision for payment thereof
within such two year period. Unless the legislature shall provide for
the issuance of bonds to redeem such notes, such notes shall be paid not
later than their respective maturity dates. The comptroller shall report
to the legislature at the opening of its next regular or extraordinary
session all action taken by him pursuant to this subdivision.