New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.34(1) - Executive Order No. 34: Declaring an Emergency in Order to Allow New Jersey Police Officers to Provide Enhanced Security on Passenger Ferries Between New York and New Jersey in Order to Better Protect Passengers From Any Terrorist or Other Threat. [*][DAGGER]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, terrorists have used explosive and other devices
					 to attack public and private transportation conveyances at various times;
					 and
WHEREAS, thousands of commuters travel between the states
					 of New York and New Jersey via passenger ferries and an enhanced law
					 enforcement presence on these ferries is appropriate to protect public safety;
					 and
WHEREAS, the New Jersey State and local police, when riding
					 a commuter ferry between New Jersey and New York, do not have law enforcement
					 authority once the ferry crosses the jurisdictional boundary between New Jersey
					 and New York; and
WHEREAS, the provisions of the Interstate Civil Defense and
					 Disaster Compact permit the States of New Jersey and New York to extend the
					 same powers (except that of arrest unless specifically authorized by the
					 receiving state), duties, rights, and privileges as are afforded forces of the
					 state in which they are performing emergency services; and
WHEREAS, the Constitution and statutes of the State of New
					 York, particularly the provisions of the Interstate Civil Defense and Disaster
					 Compact, including Articles III and XV thereof, and all amendments and
					 supplements thereto, confer upon the Governor of the State of New York certain
					 powers; and
WHEREAS, the Governor is empowered to request aid pursuant
					 to the Interstate Civil Defense and Disaster Compact, and to grant powers of
					 arrest and other powers to law enforcement officers from other States;
					 and
WHEREAS, in prior instances, the State of New York has
					 authorized law enforcement powers to New Jersey State and local police in the
					 State of New York in furtherance of mutual public safety goals and
					 interests;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the Laws of the State of New York, and pursuant to Sections 28 and 29-g of
					 Article 2-B of the Executive Law, do hereby declare a state of emergency
					 concerning, and in order to protect, the safety of ferry passengers between New
					 York and New Jersey;
FURTHER, in order to facilitate security on the ferries
					 between the State of New Jersey and the State of New York, it is requested that
					 New Jersey make its law enforcement officers available to provide enhanced
					 security on the ferries traveling between New Jersey and New York, and such
					 officers are hereby granted all law enforcement powers while providing enhanced
					 security on the ferries while in New York and its territorial waters and in the
					 customary points of immediate embarkation and debarkation for such ferries that
					 are in the State of New York, including the power of arrest. This Declaration
					 is not intended to alter or amend any compacts, policies, legal authorizations
					 or opinions regarding law enforcement powers during hot pursuit;
FURTHER, this Order shall take effect immediately and shall
					 remain in effect until January 10, 2010.
Signed: David A. Paterson
Dated: December 13, 2009
Executive Order No. 34.1
Declaring an Emergency in Order to Allow New Jersey
					 Police Officers to Provide Enhanced Security on Passenger Ferries Between New
					 York and New Jersey in Order to Better Protect Passengers From Any Terrorist or
					 Other
					 Threat.**[DAGGER]
WHEREAS, terrorists have used explosive and other devices
					 to attack public and private transportation conveyances at various times;
					 and
WHEREAS, thousands of commuters travel between the states
					 of New York and New Jersey via passenger ferries and an enhanced law
					 enforcement presence on these ferries is appropriate to protect public safety;
					 and
WHEREAS, the New Jersey State and local police, when riding
					 a commuter ferry between New Jersey and New York, do not have law enforcement
					 authority once the ferry crosses the jurisdictional boundary between New Jersey
					 and New York; and
WHEREAS, the provisions of the Interstate Civil Defense and
					 Disaster Compact permit the States of New Jersey and New York to extend the
					 same powers (except that of arrest unless specifically authorized by the
					 receiving state), duties, rights, and privileges as are afforded forces of the
					 state in which they are performing emergency services; and
WHEREAS, the Constitution and statutes of the State of New
					 York, particularly the provisions of the Interstate Civil Defense and Disaster
					 Compact, including Articles III and XV thereof, and all amendments and
					 supplements thereto, confer upon the Governor of the State of New York certain
					 powers; and
WHEREAS, the Governor is empowered to request aid pursuant
					 to the Interstate Civil Defense and Disaster Compact, and to grant powers of
					 arrest and other powers to law enforcement officers from other States;
					 and
WHEREAS, in prior instances, the State of New York has
					 authorized law enforcement powers to New Jersey State and local police in the
					 State of New York in furtherance of mutual public safety goals and
					 interests;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the Laws of the State of New York, and pursuant to Sections 28 and 29-g of
					 Article 2-B of the Executive Law, do hereby declare a state of emergency
					 concerning, and in order to protect, the safety of ferry passengers between New
					 York and New Jersey;
FURTHER, in order to facilitate security on the ferries
					 between the State of New Jersey and the State of New York, it is requested that
					 New Jersey make its law enforcement officers available to provide enhanced
					 security on the ferries traveling between New Jersey and New York, and such
					 officers are hereby granted all law enforcement powers while providing enhanced
					 security on the ferries while in New York and its territorial waters and in the
					 customary points of immediate embarkation and debarkation for such ferries that
					 are in the State of New York, including the power of arrest. This Declaration
					 is not intended to alter or amend any compacts, policies, legal authorizations
					 or opinions regarding law enforcement powers during hot pursuit;
FURTHER, this Order supplants Executive Order 34, which is
					 hereby revoked. This Order shall take effect immediately and shall remain in
					 effect until January 2, 2010.
Signed: David A. Paterson
Dated: December 31, 2009
Footnotes
* [Superceded by Executive Order
					 No. 34.1 (David A. Paterson),
infra.
]
[DAGGER] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]
** [Supercedes Executive Order
					 No. 34 (David A. Paterson),
supra.
]
[DAGGER] [Revoked by Executive
					 Order No. 2 (Andrew M. Cuomo),
infra.
]