Bill Text: NJ ACR232 | 2014-2015 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 232 (Prior Session Legislation)

Introduced

Bill Title: Proposes amendment to State Constitution to provide for elected State Comptroller to perform duties of current State Comptroller, State Auditor, and State Commission of Investigation.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-05-11 - Introduced, Referred to Assembly State and Local Government Committee [ACR232 Detail]

Download: New_Jersey-2014-ACR232-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 232

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MAY 11, 2015

Sponsored by:

Assemblyman TIM EUSTACE

District 38 (Bergen and Passaic)

SYNOPSIS

Proposes amendment to State Constitution to provide for elected State Comptroller to perform duties of current State Comptroller, State Auditor, and State Commission of Investigation.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution amending Articles II, IV, V, and VII of the Constitution of the State of New Jersey.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

PROPOSED AMENDMENT

a. Amend Article II, Section I, paragraph 1 to read as follows:

1. General elections shall be held annually on the first Tuesday after the first Monday in November; but the time of holding such elections may be altered by law. The Governor, Lieutenant Governor, State Comptroller, and members of the Legislature shall be chosen at general elections. Local elective officers shall be chosen at general elections or at such other times as shall be provided by law.

(cf: Article II, Section I, paragraph 1 amended effective January 17, 2006)

b. Amend Article IV, Section V, paragraphs 1 and 5 to read as follows:

1. No member of the Senate or General Assembly, during the term for which the member shall have been elected, shall be nominated, elected or appointed to any State civil office or position, of profit, which shall have been created by law, or the emoluments whereof shall have been increased by law, during such term. The provisions of this paragraph shall not prohibit the election of any person as Governor, as Lieutenant Governor, as State Comptroller, or as a member of the Senate or General Assembly.

(cf: Article IV, Section V, paragraph 1 amended effective January 17, 2006)

5. Neither the Legislature nor either house thereof shall elect or appoint any executive, administrative or judicial officer[ except the State Auditor].

(cf: Article IV, Section V, paragraph 5)

c. Amend Article V, Section I, paragraphs 2 and 3 to read as follows:

2. The Governor and the State Comptroller shall be not less than thirty years of age, and shall have been for at least twenty years [a citizen] citizens of the United States, and [a resident] residents of this State seven years next before election, unless [the Governor shall have been] absent during that time on the public business of the United States or of this State. A person shall be eligible for the office of Lieutenant Governor only if eligible under this Constitution for the office of Governor.

(cf: Article V, Section I, paragraph 2 amended effective January 17, 2006)

3. No member of Congress or person holding any office or position, of profit, under this State or the United States shall be Governor or Lieutenant Governor or State Comptroller. If the Governor or Lieutenant Governor, or person administering the office of Governor or the State Comptroller shall accept any other office or position, of profit, under this State or the United States, the office of Governor or Lieutenant Governor, or State Comptroller, as the case may be, shall thereby be vacated. No Governor or Lieutenant Governor or State Comptroller shall be elected by the Legislature to any office during the term for which the person shall have been elected Governor or Lieutenant Governor or State Comptroller.

(cf: Article V, Section I, paragraph 3 amended effective January 17, 2006)

d. Amend Article V, Section IV, paragraphs 1 and 2 to read as follows:

1. All executive and administrative offices, departments, and instrumentalities of the State government, including the offices of State Comptroller, Secretary of State, and Attorney General, and their respective functions, powers, and duties, shall be allocated by law among and within not more than twenty principal departments, in such manner as to group the same according to major purposes so far as practicable. Temporary commissions for special purposes may, however, be established by law and such commissions need not be allocated within a principal department.

(cf: Article V, Section IV, paragraph 1)

2. Each principal department shall be under the supervision of the Governor. The head of each principal department shall be a single executive unless otherwise provided by law. Such single executives shall be nominated and appointed by the Governor, with the advice and consent of the Senate, to serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of their successors, except as herein otherwise provided with respect to the State Comptroller, Secretary of State, and the Attorney General. The Governor may appoint the Lieutenant Governor to serve as the head of a principal department, without the advice and consent of the Senate, and to serve at the
pleasure of the Governor during the Governor's term of office.

(cf: Article V, Section IV, paragraph 2 amended effective January 17, 2006)

e. Amend Article VII, Section I, paragraph 6 to read as follows:

6. [The State Auditor shall be appointed by the Senate and General Assembly in joint meeting for a term of five years and until his successor shall be appointed and qualify. It shall be his duty to conduct post-audits of all transactions and accounts kept by or for all departments, offices and agencies of the State government, to report to the Legislature or to any committee thereof as shall be required by law, and to perform such other similar or related duties as shall, from time to time, be required of him by law.]

a. The State Comptroller shall be elected by the legally qualified voters of this State for a term of four years, beginning at noon of the third Tuesday in January of an odd numbered year. A person who is a candidate for State Comptroller shall not simultaneously seek election to another office. The candidate for State Comptroller receiving the greatest number of votes shall be elected to that office. If two or more candidacies shall be equal and greatest in votes, one candidate shall be elected by the vote of a majority of all the members of both houses of the Legislature in a joint meeting at the regular legislative session next following the election for State Comptroller by the people. Contested elections for the office of State Comptroller shall be determined in such manner as may be provided by law.

b. No person who has been elected State Comptroller for two successive terms, including an unexpired term, shall again be eligible for that office until the third Tuesday in January of the fourth year following the expiration of the second successive term served by that person.

c In the event of a vacancy in the office of State Comptroller resulting from the death, resignation, or removal of a State Comptroller in office, or the death of a State Comptroller-elect, a State Comptroller shall be elected to fill the unexpired term of office at the next general election, unless the vacancy occurs within 60 days immediately preceding a general election in which case the State Comptroller shall be elected at the second succeeding general election. A State Comptroller elected for an unexpired term shall assume office immediately upon election. No election to fill an unexpired term shall be held in any year in which a State Comptroller is to be elected for a full term.

d. In the event a State Comptroller-elect fails to qualify, is absent from the State, is unable to discharge the duties of the office, or is impeached, or in the event of a vacancy pursuant to c. or e. of this paragraph, the functions, powers, duties, and emoluments of the office shall devolve in such manner as shall be provided by law until a vacancy for the unexpired term is filled pursuant to the provisions of this paragraph.

e. In the event a State Comptroller-elect fails to qualify, is continuously absent from the State, or is continuously unable to discharge the duties of the office for a period of six months, the office shall be deemed vacant by a determination of the Supreme Court upon presentment to it of a concurrent resolution declaring the ground of the vacancy, adopted by a vote of two-thirds of all the members of each house of the Legislature, and upon hearing with prior notice before the Court and proof of the existence of the vacancy.

f. The State Comptroller shall receive for services a salary, which shall be neither increased nor diminished during the period for which the State Comptroller shall have been elected or serves.

g. No diminution by law in the functions, powers, and duties of the State Comptroller after the election of any person to that office shall take effect until another person has been elected to succeed that person and has qualified into office.

(cf: Article VII, Section I, paragraph 6)

f. Amend Article VII, Section 1 by the addition of the following new paragraph 7:

7. The State Comptroller shall be the head of the Office of State Comptroller in the Executive Branch of State Government. The State Comptroller shall exercise such powers and duties as shall be set forth in this Constitution, as well as such additional powers and duties as may be provided, from time to time, by law.

The Comptroller shall:

establish a full-time program of audit and performance review designed to provide increased accountability, integrity, and oversight of governmental entities in this State;

conduct routine, periodic, and random audits of governmental entities in this State, and assessments of the performance and management of the programs of those entities and the extent to which they are achieving goals and objectives;

conduct studies and reports on the economy, internal management controls, and compliance with laws and regulations of the operations of the State or State-supported agencies;

examine and post-audit all the transactions, accounts, reports, and statements, and make independent verifications of all assets, liabilities, revenues, and expenditures, of State departments, institutions, boards, commissions, officers, and agencies;

complete an audit and verification of all moneys handled for the account of the State government by all governmental entities or officials who are charged with the duty of collecting fees or other moneys for or on behalf of the State;

audit and monitor the process of soliciting proposals for, and the process of awarding, contracts made by governmental entities that involve a significant consideration or expenditure of funds or are comprised of complex or unique components, or both, as determined by the Comptroller, but not including public employer-employee labor collective bargaining agreements;

propose and enforce remediation plans for governmental entities that are found by the Comptroller to have deficient practices or procedures, monitor the implementation of those recommendations, and conduct a subsequent review to determine whether there has been full implementation and continued compliance with those recommendations;

determine the frequency with which financial audits shall be conducted by governmental entities that are not required by law to undergo periodic certified financial audits and undertake an analysis and review of such audits and of the procedures used to conduct those audits, undertake an analysis and review of the certified financial audits of governmental entities that are required by law to undergo such audits and of the procedures used to conduct those audits, and undertake a financial audit or such other steps, as the Comptroller deems appropriate when the Comptroller's analysis and review identifies weaknesses, inadequacies, or failures in a governmental entity's financial controls or concerns about the quality or independence of the audits;

provide guidance to governmental entities that are required to engage outside auditors regarding the procurement of those services, the rotation of the providers of such services, and the avoidance of possible conflicts of interest in the hiring of outside auditors;

provide technical assistance and training to governmental entities regarding best practices in developing and implementing financial management systems that will strengthen internal control procedures and prevent the misuse of public funds; and

conduct and supervise all State government activities relating to audit, program integrity, fraud, and abuse prevention and recovery functions of the Medicaid program or its successor.

All internal and external audit functions, including but not limited to economy and efficiency audits, of governmental entities shall be coordinated through the Office the State Comptroller, and all audits, investigations, and performance reviews of the Executive Branch of State government shall be conducted in consultation, coordination, and cooperation with the Comptroller.

The Comptroller shall establish a full-time program of investigation concerning the effective enforcement of State laws, including, but not limited to, with regard to organized crime and racketeering, the conduct of public officers and public employees, and any matter concerning public peace, safety and justice.

Upon the request of the Governor or the Legislature by concurrent resolution, the Comptroller shall conduct investigations and otherwise assist in connection with: the removal of public officers by the Governor; the making of recommendations by the Governor to any other person or body, with respect to the removal of public officers; the making of recommendations by the Governor to the Legislature with respect to changes in or additions to existing provisions of law required for the more effective enforcement of the law; or the Legislature's consideration of changes in or additions to existing provisions of law required for the more effective administration and enforcement of the law.

The Comptroller shall examine matters relating to law enforcement extending across the boundaries of this State into other states, and may consult and exchange information with officers and agencies of other states with respect to law enforcement problems of mutual concern to this and other states.

The Comptroller shall maintain a constant vigil against the intrusion of organized crime into society, identify and expose corruption and government laxity, shed light on waste, fraud and abuse of taxpayers' dollars, and recommend new laws and other remedies to protect the integrity of the governmental process on behalf of the citizens of New Jersey.

As used in this paragraph, "governmental entity" means the Executive Branch of State government, including all entities exercising Executive Branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO PROVIDE FOR THE ELECTION OF THE STATE COMPTROLLER AND ABOLISH THE STATE AUDITOR
	YES	Do you approve amending the Constitution to provide for the election of the State Comptroller? The amendment would also abolish the Office of the State Auditor. The Comptroller will have the powers and duties of the current State Comptroller, State Auditor, and State Commission of Investigation.
		INTERPRETIVE STATEMENT
	NO	This amendment provides for the election of the State Comptroller. The elected Comptroller would serve for a term of four years. Currently, the State Comptroller is appointed by the Governor, with the advice and consent of the Senate, and serves for a term of six years. The State Comptroller would be responsible for conducting audits, reviews, and investigations of government operations in this State. The Comptroller would have the powers and duties of the current State Comptroller, State Auditor, and State Commission of Investigation. The amendment abolishes the separate position of State Auditor. The State Auditor is currently appointed by the Legislature to serve for a term of five years.

SCHEDULE

The first election of the State Comptroller shall take place at the general election held in an even-numbered year following the year in which this constitutional amendment has been approved by the voters.

STATEMENT

This concurrent resolution proposes a constitutional amendment to provide for the Statewide popular election of the State Comptroller. The Comptroller would be elected for a four-year term. Currently, the State Comptroller is appointed by the Governor, with the advice and consent of the Senate, and serves for a term of six years.

The purpose of this amendment is to fold the powers and duties of the current State Comptroller, State Auditor, and State Commission of Investigation into the new elective Office of State Comptroller. The Comptroller would exercise such powers and duties as are described in this amendment to the Constitution, as well as such additional powers and duties as may be provided, from time to time, by law.

This amendment will make the State Comptroller a truly independent officer who will be elected Statewide, in each year before the year in which the Governor and Lieutenant Governor are elected. Making the State Comptroller a separately elected State-level official will bring efficiency and transparency to State government and other governmental entities in this State. An elected State Comptroller will be motivated to serve all the people of this State, and will be accountable to the people of the State.

The Comptroller would:

establish a full-time program of audit and performance review designed to provide increased accountability, integrity, and oversight of governmental entities in this State;

conduct studies and reports on the economy, internal management controls, and compliance with laws and regulations of the operations of the State or State-supported agencies;

examine and post-audit all the transactions, accounts, reports and statements, and make independent verifications of all assets, liabilities, revenues and expenditures, of State departments, institutions, boards, commissions, officers, and agencies;

conduct and supervise all State government activities relating to audit, program integrity, fraud, and abuse prevention and recovery functions of the Medicaid program or its successor.

As used in this amendment, "governmental entity" means the Executive Branch of State government, including all entities exercising Executive Branch authority, public institutions of higher education, independent State authorities, units of local government, and boards of education.

The amendment abolishes the office of State Auditor. The State Auditor's duties will be folded into those of the elected State Comptroller.