EXECUTIVE ORDER KBB 05-23

Suspension of Special Officer's Commission Bond


WHEREAS, pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq ., a state of emergency was declared through Proclamation No. 48 KBB 2005;

WHEREAS, subsequently, Hurricane Katrina struck the state of Louisiana causing severe flooding and damage to the southeastern part of the state, which have threaten the safety and security of the citizens of the state of Louisiana, along with the private property and public facilities;

WHEREAS, shortly thereafter, levees broke in the parish of Orleans, exacerbating the flooding, and posing further threats to the safety and security of the citizens of Louisiana, private property and public facilities;

WHEREAS, although scores of people have been rescued, there are many more persons waiting for rescue and evacuation and there have been reported acts of lawlessness in the areas affected by Hurricane Katrina;

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;

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 action in coping with the emergency;

NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, 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 that persons issued a special officer's commission by the superintendent of state police shall be required 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 the proof thereof and all other requirements shall remain in full force and effect;

SECTION 3: The suspension of the bond requirement by a person receiving a special officer's commission from the superintendent of state police shall be extend through Sunday, September 25, 2005.

SECTION 4: This Order is effective upon signature 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, at the Capitol, in the city of Baton Rouge, on this 31st day of August, 2005.

Kathleen Babineaux Blanco
Governor

ATTEST BY
THE GOVERNOR
Al Ater
Secretary of State