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State of New Jersey
Executive Order #89

Governor James E. McGreevey

WHEREAS, the holiday season brings an increased level of travel and number of riders on the trains throughout the metropolitan New York City region; and

WHEREAS, in light of the increased travel throughout the metropolitan New York City region, the New Jersey Transit Police and the New Jersey State Police have an increased presence on New Jersey Transit trains; and

WHEREAS, today the United States Department of Homeland Security increased the National Homeland Security Advisory System to Orange which according to the Department of Homeland Security is declared when there is a high risk of terrorist attacks; and

WHEREAS, the New Jersey State Police on New Jersey Transit trains are required by law to exit the trains at the last stop in New Jersey while New York City and New York State law enforcement officers are required to exit trains at the last stop in New York; and

WHEREAS, the provisions of the Emergency Management Assistance Compact and 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 State of New York has or is about to enter an executive order extending law enforcement powers to New Jersey law enforcement officers accompanying trains into New York City; and

WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions N.J.S.A. App. A: 9-33 et seq. and N.J.S.A. 38A:3-6.1 and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers; and

WHEREAS, upon Declaration of Emergency, the Governor is empowered to request aid pursuant to the Emergency Management Assistance Compact, N.J.S.A. 38A:20-5 and the Interstate Civil Defense and Disaster Compact, N.J.S.A. 38A:20-3 and to grant powers of arrest and other powers to law enforcement officers from other States;

THEREFORE, I, JAMES E. MCGREEVEY, Governor of the State of New Jersey, in order to protect the health, safety and welfare of the people of the State of New Jersey do hereby ORDER and DIRECT:

  1. That in order to facilitate the security on the trains and throughout the State of New Jersey, a State of Emergency exists in the State of New Jersey.

  2. In accordance with N.J.S.A. 38A:2-4 and N.J.S.A. 38A:3-6.1, that the Adjutant General order to active duty such members of the New Jersey National Guard that, in the Adjutant General's judgment, are necessary to provide aid to those localities where there is a threat or danger to the public health, safety and welfare and to authorize the employment of any supporting vehicles, equipment, communications or supplies as may be necessary to support the members so ordered.

  3. That the State Director of Emergency Management implement the State Emergency Operations Plan and to direct the activation of county and municipal emergency operations plans as necessary.

  4. In accordance with the Emergency Management Assistance Compact, N.J.S.A. 38A:20-5 and the Interstate Civil Defense and Disaster Compact, N.J.S.A. 38A:20-3, that mutual aid is requested of New York State and New York City law enforcement officers, to provide enhanced security on trains exiting the State of New York are hereby granted all law enforcement powers while providing such enhanced security on the trains and in the train stations in the State of New Jersey, including the power of arrest. This Declaration is not intended to alter or amend any compacts, policies, legal authorization or opinions regarding law enforcement powers during hot pursuit.

  5. In accordance with N.J.S.A. App. A:9-40, that no municipality, county or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance or resolution which will or might in any way conflict with any of the provisions of this Order, or which will in any way interfere with or impede the achievement of the purposes of this Order.

  6. That it shall be the duty of every person or entity in this State or doing business in this State and of the members of the governing body and every official, employee or agent of every political subdivision in this State and of each member of all other governmental bodies, agencies authorities in this State of any nature whatsoever, to cooperate fully with the State Director of Emergency Management in all matters concerning this state of emergency.

  7. This Order shall take effect immediately and shall remain in effect until such time as it is determined by me that an emergency no longer exists.

GIVEN, under my hand and seal this 21st day of December
in the Year of Our Lord, Two Thousand and Three, and of
the Independence of the United States, the Two Hundred
and Twenty-Eighth.

James E. McGreevey

Governor

Attest:

Michael R. DeCotiis

Chief Counsel to the Governor

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