§ 40. Powers of certain state officers and agencies. Nothwithstanding
the provisions of any law, for the purpose of providing during the
defense emergency (a) for unanticipated or emergency needs for the
protection of the safety and health of the people of the state in the
event of attack, or (b) for the mobilization and efficient utilization
of all of the resources and facilities in the state in aid of the
defense effort, or (c) for the orderly conduct of public or private
affairs in a manner consistent with the requirements of the defense
effort, the following officers or agencies of the state shall have power
to take action or to adopt, promulgate and make effective plans,
regulations or orders, consistent with the provisions of this act and
with any actions taken or plans, regulations or orders adopted and
promulgated by the council, with respect to the following matters:

1. The civil service commission, upon a finding that because of the
manpower requirements of the armed services and the defense effort
vacancies exist which cannot otherwise be readily, equitably and
satisfactorily filled, shall have such power with respect to (a)
extension of provisional appointments until lists are established and
appointments are made therefrom; (b) extension of eligible lists; (c)
waiver of residence or citizenship requirements relating to public
offices or employments; (d) restriction of leaves of absence except for
illness, entrance into the armed forces of the United States, or for
other reasons which are in the public interest; (e) employment for
temporary periods of officers or employees in agencies other than those
in which they are regularly employed; (f) authorization of the
employment of public officers and employees in additional public offices
or employment; and (g) authorization of compensated employment as public
officers or employees, of persons receiving pensions or retirement
allowances where such compensated employment is not already authorized
by law, provided that adequate provision is made whereby the value of
the pension or retirement allowance is deducted from the compensation
paid for such employment. The commission may determine that it will
exercise any such power with respect to municipal civil service
administration only upon the written request of the appropriate civil
service commission.

2. The comptroller (a) upon a finding that because of shortage of
supply or because of danger to health and safety immediate action is
necessary, shall have such power with respect to suspension of
provisions of law relating to public purchasing or letting of public
contracts and regulation of the manner in which such purchasing or
letting is to be accomplished during the period of such suspension; and
(b) in the event of attack, shall have power to issue notes for the
purpose of paying expenses incurred by the state or, to the extent
authorized by the legislature, by any political subdivision of the
state, for the purpose of repelling invasion, suppressing insurrection
or defending the state in war. 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 regular or extraordinary session all
action taken by him pursuant to this subdivision.

3. The industrial commissioner shall have such power with respect to
safety and record of manufacture, sale, possession, use or ownership of
fireworks or explosives and the manufacture and transportation of
firearms, but such powers shall not apply to the personal possession,
use or ownership of firearms and ammunition therefor.

4. The public service commission, upon a finding that it is necessary
for public health or safety, shall have such power with respect to (a)
maintenance, restriction, limitation, extension or interconnection of
public utility services, whether privately or publicly owned; and (b)
means or devices of communication other than those exclusively regulated
by federal authorities.

5. The secretary of state shall have such power with respect to (a)
extension or restriction of the hours during which public business may
be conducted, public offices kept open, and officers and employees
required to perform their powers and duties therein; and (b) designation
of substitute places where public offices may be located or public
business conducted.

6. The commissioner of transportation, upon a finding that there is a
shortage of equipment, gasoline, oil or other supplies necessary for the
use of motor vehicles or upon the request of the president of the United
States or of the head of a federal department or agency having
responsibility relative to the defense effort, or upon a finding that it
is necessary for public health or safety, shall have such power with
respect to transportation or travel subject to his jurisdiction,
including the speeds at which and the conditions under which such
transportation or travel may be conducted.

7. Heads of departments in charge of institutions shall have such
power with respect to health or safety of incarcerated individuals
thereof, including transportation of incarcerated individuals to, from
and between such institutions.