BJ 08-86

Suspension of Requirements for Special Officer Commissions

WHEREAS, a state of emergency was declared on August 27, 2008, Proclamation No. 51 BJ 2008, as Hurricane Gustav posed an imminent threat to the state of Louisiana;

WHEREAS, subsequently, Hurricane Gustav struck the state of Louisiana causing severe flooding and damage to the southern part of the state, which have threatened the safety and security of the citizens of the affected areas of the state of Louisiana, along with private property and public facilities;

WHEREAS, law enforcement manpower currently available to the state to respond to this emergency are insufficient and there is a need to immediately supplement the law enforcement presence in the area of the disaster;

WHEREAS, the superintendent of state police is authorized by R.S. 40:1379.1 to issue a special officer's commission from the division of state police;

WHEREAS, R.S. 40:1379.1 also provides that such person must display the need for statewide police power and power to arrest, be bonded, and adhere to all restrictive stipulations, as set forth in the special officer's commission; and

WHEREAS, the superintendent of state police has requested that the requirement of bonding of special commissioned officers be suspended temporarily so as not to delay necessary multi-jurisdictional actions in coping with the emergency;

NOW THEREFORE I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: Pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:724, et seq., and more specifically R.S. 29:724(D), the requirement of persons issued a special officer's commission by the superintendent of state police to be bonded shall be suspended.

SECTION 2: The only requirement of R.S. 40:1379.1 which shall be suspended is the requirement of the bond and proof thereof, and all other requirements shall remain in full force and effect.

SECTION 3: The qualification and requirements as required by the Louisiana Administration Code Title 55, Part 1, §1303(G) shall also be suspended.

SECTION 4: The suspension of the bond requirement by a person receiving a special officer's commission from the superintendent of state police and LAC 55:1303(G) shall extend through October 1, 2008.

SECTION 5: This Order is effective upon signature, retroactive to September 1, 2008, and shall continue in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, in the city of Baton Rouge, on this 4th day of September, 2008.

Bobby Jindal

Jay Dardenne
Secretary of State