N.Y. Comp. Codes R. & Regs. tit. 9 § 3.95
WHEREAS, I have been informed that there has been a failure to supply sufficient bus transportation necessary to provide transportation services within the area of the Lake Placid XIII Winter Olympic Games and necessary to insure the orderly conduct of the games and the health and safety of the thousands of visitors and spectators to the Lake Placid area; and
WHEREAS, Such failure has resulted in extensive delays in transporting such visitors and spectators, many of whom are young children or elderly, to and from Olympic events, causing them to be exposed to extremely cold and bitter winter temperatures for dangerously long periods of time; and
WHEREAS, Such failure has endangered the health and safety of the visitors and spectators at the Lake Placid XIII Winter Olympic Games;
NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, do hereby find that a disaster has occurred or may be imminent for which local governments are unable to respond adequately, and therefore, I hereby declare, by virtue of the authority vested in me by the Constitution, the Laws of New York State and article 2-B of the Executive Law, a disaster emergency within the area of the Lake Placid XIII Winter Olympic Games and facilities used in connection therewith, and I direct the Commissioner of Transportation, in coordination with any other State or local agency or private firms or individuals he deems necessary, to exercise all necessary functions, powers and duties in order to preserve the health and safety of the visitors and spectators at the Lake Placid XIII Winter Olympic Games, with regard to arranging for and providing the transportation by bus of such visitors and spectators within the area of the Lake Placid XIII Winter Olympic Games and facilities used in connection therewith.
Also, pursuant to the authority vested in me by article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, I hereby temporarily suspend, for the period from the date of this Executive Order through March 1, 1980, so that the Commissioner of Transportation in coordination with any other State or local agency may enter into lease arrangements with the various school districts within the State and with private firms or individuals, on terms he deems necessary and appropriate, to supply the necessary buses and drivers to transport visitors and spectators at the Lake Placid XIII Winter Olympic Games at Lake Placid, New York, for the period of such Lake Placid XIII Winter Olympic Games within the area of the Lake Placid XIII Winter Olympic Games and facilities used in connection therewith, the following laws:
Section 174 of the State Finance Law, so far as it relates to the letting of a contract by a New York State agency or agencies, to the lowest responsible bidder, for services to be performed or materials, equipment and supplies to be supplied, and in this specific case for the furnishing of buses and driver services to transport visitors and spectators within the area of the Lake Placid XIII Winter Olympic Games and facilities used in connection therewith;
Section 142, subdivision 17, of the Transportation Law, so far as it relates to the requirement that motor vehicles operated by bus companies pursuant to a certificate of convenience and necessity must be inspected, and have a certificate of convenience and necessity, and only as it relates to those buses under lease with any State agency or agencies to transport visitors and spectators within the area of the Lake Placid XIII Winter Olympic Games and facilities used in connection therewith for the period of the lease;
Section 211 of the Transportation Law, so far as it relates to the permissible maximum number of hours on duty of a driver of a motor bus, and more specifically as it relates to those drivers operating the buses under lease with any State agency or agencies to cover the period of the Lake Placid XIII Winter Olympic Games transporting visitors and spectators within the area of the Lake Placid XIII Winter Olympic Games and facilities used in connection therewith;
Section 1709, subdivision 25, paragraphs b and c of the Education Law, which authorize a school district or board of cooperative educational services to lease buses, when not needed for educational purposes, to another school district or an Indian tribe or others, and section 1502 of the Education Law, which authorizes the board of education of any school district to lease school buses to any senior citizens center or organization or to any nonprofit incorporated organization serving senior citizens or physically or mentally handicapped, so far as these various sections deprive the school district of the authority to lease such school buses not needed for educational purposes to any State agency or agencies only for the period of the Lake Placid XIII Winter Olympic Games and only for the purpose of transporting visitors and spectators within the area of the Lake Placid XIII Winter Olympic Games and facilities used in connection therewith.
In addition, I hereby temporarily suspend, for the period from the date of this Executive Order through March 1, 1980, any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster.
Such declaration of disaster emergency shall remain in effect from the date hereof until March 1, 1980.
Signed: Hugh L. Carey
Dated: February 16, 1980
N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.95