STATE OF CONNECTICUT

BY HER EXCELLENCY

M. JODI RELL

GOVERNOR

EXECUTIVE ORDER NO. 8a

WHEREAS, on July 7, 2005, I filed a proclamation with the Secretary of the State declaring a civil preparedness emergency in the State of Connecticut due to the occurrence of a series of explosions in England in the public transit systems of the City of London;

WHEREAS, the Governor of the State of New York, agreed on July 7, 2005 to deploy police officers from that state to provide increased security on commuter trains traveling between Connecticut and New York;

Whereas, on July 7, 2005, I originally promulgated Executive Order No. 8 in order to fully utilize the police resources provided by our sister state and to enhance vigilance on transportation systems;

WHEREAS, it was advisable to continue to confer police officer powers on such officers while they are within the geographic jurisdiction of the State of Connecticut;

WHEREAS, The United States Department of Homeland Security has asked authorities in major cities to continue to maintain a heightened state of vigilance on transportation systems after the series of explosions on London’s public transit systems;

WHEREAS, the State of Connecticut must continue to be vigilant in its efforts to protect its public transit systems from terrorist attacks;

WHEREAS, as Governor of the State of Connecticut I have the authority to take certain actions to protect the public’s health, safety and welfare;

WHEREAS, the Governor of the State of New York has agreed to continue to deploy police officers from that state to maintain the increased security on commuter trains traveling between Connecticut and New York;

WHEREAS, to continue to fully utilize the police resources provided by our sister state and to continue the enhanced vigilance on our transportation systems, it is advisable to continue to confer police officer powers on such officers while they are within the geographic jurisdiction of the State of Connecticut;

WHEREAS, Sections 29-7 and 53a-3(9) of the Connecticut General Statutes must be modified because they are conflict with the efficient and expeditious execution of civil preparedness functions;

WHEREAS, Sec. 28-9 of the Connecticut General Statutes authorizes the Governor to suspend or modify any statute, regulation or requirement, or part thereof, whenever in her opinion it is in conflict with the efficient and expeditious execution of civil preparedness functions;

WHEREAS, Sec. 28-9 of the General Statutes states that any statute, regulation or requirement inconsistent with this Order shall be inoperative for the effective period of such Order, unless sooner revoked; and

WHEREAS, this Order will be communicated to both houses of the General Assembly by filing a signed and sealed copy with the Clerks of the House of Representatives and the Senate;

NOW, THEREFORE, I M. Jodi Rell, Governor of the State of Connecticut, by the authority vested in by the Constitution and laws of the State of Connecticut, do hereby ORDER and DIRECT that the following sections of the General Statutes be modified in a manner consistent with this Order:

(1)        This order, amending Executive Order No. 8, shall be effective upon signing and shall remain in effect and shall be deemed to extend Executive Order No. 8, for a period of thirty days from the date of execution of this modification, unless otherwise revoked or extended and shall continue to provide that:

(a)       C.G.S. Sec. 29-7 shall continue to be modified to give the New York State Police concurrent jurisdiction with the Connecticut State Police on commuter trains traveling between Connecticut and New York.  New York State Police shall continue to have the same powers with respect to criminal matters and the enforcement of laws as the Connecticut State Police while they are working within the borders of the State of Connecticut pursuant to this Order.

(b)        C.G.S. Sec. 53a-3 (9) shall continued to be modified to deem New York State Police Officers as "peace officers" with respect to all criminal matters and the enforcement of law while they are in performance of their official duties on commuter trains in the State of Connecticut.

(c)        Pursuant to Section 28-9 of the General Statutes all statutes, regulations or requirements of law in the State of Connecticut which are in conflict with this Executive Order shall continued to be deemed modified or suspended, in whole or in part, so as to resolve any inconsistency with this Executive Order, provided however, such modification or suspension shall only be operative to the degree necessary to resolve the inconsistencies and to effectuate the purposes of this Order. 

Dated in Hartford, Connecticut, this 5th day of August 2005.

M. JODI RELL

Governor