STATE OF CONNECTICUT
BY HER EXCELLENCY
M. JODI RELL
GOVERNOR
EXECUTIVE ORDER NO. 12
WHEREAS, on October 6, 2005, I filed a proclamation with the Secretary of the State declaring a civil preparedness emergency in the State of Connecticut due to a threat that a terrorist attack on the subway and mass transit systems in, around and serving New York City was possible in coming days; and
WHEREAS, the State of Connecticut must remain vigilant in its efforts to protect its public transit systems from terrorist attacks; and
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; and
WHEREAS, the Governor of the State of New York has agreed to deploy police officers from its state to provide increased security on commuter trains traveling between Connecticut and New York; and
WHEREAS, to fully utilize the police resources provided by our sister state and to enhance vigilance on transportation systems, it is advisable to confer police officer powers on such officers while they are within the geographic jurisdiction of the State of Connecticut; and
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; and
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; and
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, which shall be six months, 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) C.G.S. Sec. 29-7 shall 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 and shall 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.
2) C.G.S. Sec. 53a-3 (9) shall 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.
3) Pursuant to Sections 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 are hereby 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.
This Executive Order shall remain in effect for a period of thirty days unless otherwise revoked or extended.
Dated in Hartford, Connecticut, this 6th day of October 2005.
M. JODI RELL
Governor
By Her Excellency’s Order
Susan Bysiewicz
Secretary of the State
