Bill Text: NJ SCR49 | 2014-2015 | Regular Session | Introduced
Bill Title: Constitutes special committee of Senate and General Assembly entitled "New Jersey Legislative Select Committee on Investigation."
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2014-01-27 - Filed with Secretary of State [SCR49 Detail]
Download: New_Jersey-2014-SCR49-Introduced.html
SENATE CONCURRENT RESOLUTION No. 49
STATE OF NEW JERSEY
216th LEGISLATURE
INTRODUCED JANUARY 27, 2014
Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Constitutes special committee of Senate and General Assembly entitled "New Jersey Legislative Select Committee on Investigation."
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution constituting a special committee of the Senate and General Assembly entitled the "New Jersey Legislative Select Committee on Investigation."
Whereas, The Port Authority of New York and New Jersey (Port Authority) is a bi-state agency established by compact between the State of New York and the State of New Jersey; and
Whereas, On March 15, 2012, the General Assembly adopted Assembly Resolution 61, constituting the Assembly Transportation, Public Works and Independent Authorities Committee (committee) as a special committee of the General Assembly to investigate all aspects of the finances of the Port Authority, including, but not limited to, the Port Authority's 10-year capital plan, the allocation of the revenue generated from the Port Authority's toll increase plan and how that revenue is being spent, and the salary, overtime, and other compensation paid to officers and employees of the Port Authority; and
Whereas, Assembly Resolution 61 conferred powers pursuant to chapter 13 of Title 52 of the Revised Statues on the committee including, but not limited to, the power to issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, and other documents; and
Whereas, On February 14, 2013, the General Assembly adopted Assembly Resolution 91, continuing the committee as a special committee of the General Assembly through noon on Tuesday, January 14, 2014; and
Whereas, Through fall 2013, the committee received limited and incomplete responses to the subpoenas it issued in investigating the finances of the Port Authority; and
Whereas, Subsequent events have highlighted serious issues with the finances, management, and operations at the Port Authority; and
Whereas, Between September 9, 2013 and September 13, 2013, the Port Authority reassigned access lanes in Fort Lee, New Jersey to the George Washington Bridge, without providing notice to commuters or officials from Fort Lee; and
Whereas, The lane reassignment caused considerable traffic delays, significantly inconvenienced motorists, impaired public safety, and had financial consequences for the Port Authority; and
Whereas, Pursuant to authority granted to the committee pursuant to Assembly Resolutions 61 and 91, the committee issued subpoenas to compel attendance and testimony and the production of documents from current and former Port Authority employees concerning the reassignment of access lanes in Fort Lee onto the George Washington Bridge; and
Whereas, The testimony and documents received by the committee raised questions about who made the decision to reassign access lanes in Fort Lee, the events leading up to the morning of September 9, 2013, when Port Authority employees reassigned the lanes, and whether the decision to reassign the lanes violated any State or federal laws or any ethics rules, regulations, or codes; and
Whereas, Pursuant to authority granted to the Select Committee on Investigation (ASI committee) pursuant to Assembly Resolution 10, the ASI committee issued subpoenas to compel the production of documents from individuals and entities concerning the reassignment of access lanes in Fort Lee onto the George Washington Bridge; and
Whereas, On January 16, 2014, the Senate adopted Senate Resolution 1, constituting the Senate Select Committee on Investigation (SSI committee) as a special committee of the Senate to investigate the organizational structure and management of the Port Authority; all aspects of the finances, operations, and management of the Port Authority; and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge; and
Whereas, Given the enormity of the issues which have been exposed in the aftermath of the reassignment of access lanes in Fort Lee to the George Washington Bridge, it is fitting for the Legislature through an appropriate committee to further investigate all aspects of the finances, operations, and management of the Port Authority and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. There is constituted a special committee of the Senate and General Assembly entitled the "New Jersey Legislative Select Committee on Investigation," comprising 12 members. Eight members are to be appointed by the Speaker of the General Assembly, not more than five of whom shall be of the same political party. The Minority Leader of the General Assembly shall submit to the Speaker a list of the Minority Leader's recommendations of members to the special committee. Four members are to be appointed by the Senate President, not more than three of whom shall be of the same political party. The Minority Leader of the Senate shall submit to the Senate President a list of the Minority Leader's recommendations of members to the special committee. There shall be two co-chairs of the special committee, one of whom shall be appointed by the Senate President from among the appointed members and one of whom shall be appointed by the Speaker from among the appointed members.
2. The New Jersey Legislative
Select Committee on Investigation shall investigate all aspects of the
finances, operations, and management of the Port Authority of New York and New
Jersey and any other matter raising concerns about abuse of government power or
an attempt to conceal an abuse of government power including, but not limited
to, the reassignment of access lanes in Fort Lee, New Jersey to the George
Washington Bridge.
3. For the purposes of carrying out its charge under this resolution, the New Jersey Legislative Select Committee on Investigation shall:
a. have all the powers conferred under the laws and the Constitution of the State of New Jersey and the United States, including, but not limited to, the following powers:
(1) conferred pursuant to chapter 13 of Title 52 of the Revised Statutes, including, but not limited to, the power to issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, other documents and materials, and electronic records and data;
(2) to hold hearings, take testimony under oath, and receive documentary or physical evidence relating to the matters and questions it is authorized to investigate or study;
(3) to use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews;
(4) to convene a meeting or hearing to determine the adequacy of the return and rule on the objection if a return on a subpoena or order for the production of documentary evidence is incomplete or accompanied by an objection;
(5) to utilize the powers provided under R.S.52:13-3 or hold the Port Authority in contempt of the committee;
(6) to make findings and reports to the Senate and General Assembly of any recommendations, including recommendations for enforcement, that the committee may consider appropriate with respect to the willful failure or refusal of any person to appear before it, to answer questions or give testimony during an appearance of that person as a witness, or to produce before the committee any books, papers, correspondence, other documents and materials, and electronic records and data in compliance with any subpoena;
(7) to respond to any judicial or other process, or to make application to the courts of this State, any other state, or the United States;
(8) to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and
(9) to adopt additional rules or procedures not inconsistent with this resolution.
b. take custody and control of all books, papers, correspondence, other documents and materials, and electronic records and data received by:
(1) the Assembly Transportation, Public Works, and Independent Authorities Committee pursuant to subpoenas issued under the powers granted to the committee by Assembly Resolution 61 and Assembly Resolution 91 of the 215th Legislative Session; and
(2) the Select Committee on Investigation pursuant to subpoenas issued under the powers granted to that committee by Assembly Resolution 10 and such other documents, records, or other data that may be in the possession of that committee.
c. have the authority to exercise any available remedies to enforce subpoenas issued by the Select Committee on Investigation pursuant to Assembly Resolution 10.
4. a. The New Jersey Legislative Select Committee on Investigation shall be entitled to call to its assistance and avail itself of the services of the employees of the State of New Jersey, any political subdivision of the State, and any agency thereof, as may be required and as may be available for that purpose, and to employ any other services as may be deemed necessary, in order to perform the duties provided herein, and within the limits of funds appropriated or otherwise made available for that purpose.
b. The New Jersey Legislative Select Committee on Investigation shall be entitled to call to its assistance, employ, and avail itself of the services of special counsel retained to assist the New Jersey Legislative Select Committee on Investigation.
5. The Select Committee on Investigation constituted by Assembly Resolution 10 and the Senate Select Committee on Investigation constituted by Senate Resolution 1 are hereby dissolved.
6. This resolution shall take effect immediately and the special committee's powers pursuant to chapter 13 of Title 52 of the Revised Statutes shall expire at noon on Tuesday, January 12, 2016.
STATEMENT
This resolution constitutes a special committee of the Senate and General Assembly, entitled the "New Jersey Legislative Select Committee on Investigation," charged with investigating all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey and any other matter raising concerns about abuse of government power or an attempt to conceal an abuse of government power including, but not limited to, the reassignment of access lanes in Fort Lee, New Jersey to the George Washington Bridge.
The special committee is to be made up 12 members. Eight members are to be appointed by the Speaker of the General Assembly, not more than five of whom may be of the same political party. The Minority Leader of the General Assembly is to submit to the Speaker a list of the Minority Leader's recommendations of members to the special committee. Four members are to be appointed by the Senate President, not more than three of whom shall be of the same political party. The Minority Leader of the Senate shall submit to the Senate President a list of the Minority Leader's recommendations of members to the special committee. There shall be two co-chairs of the special committee, one of whom shall be appointed by the Senate President from among the New Jersey Legislative Select Committee on Investigation's appointed members and one of whom shall be appointed by the Speaker from among the New Jersey Legislative Select Committee on Investigation's appointed members.
For the purposes of carrying out its charge, this resolution confers upon the New Jersey Legislative Select Committee on Investigation all the powers conferred under the laws and the Constitution of the State of New Jersey and the United States, including, but not limited to, the following powers:
· to issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, other documents and materials, and electronic records and data;
· to hold hearings, take testimony under oath, and receive documentary or physical evidence;
· to use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews;
· to convene a meeting or hearing to determine the adequacy of the return and rule on the objection if a return on a subpoena or order for the production of documentary evidence is incomplete or accompanied by an objection;
· to make findings and reports to the Senate and the General Assembly of any recommendations;
· to utilize the powers provided under R.S.52:13-3 or hold the Port Authority in contempt of the committee;
· to respond to any judicial or other process, or to make application to the courts of this State, any other state, or the United States;
· to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and
· to adopt additional rules or procedures.
In addition, the New Jersey Legislative Select Committee on Investigation is to take custody and control of all books, papers, correspondence, other documents and materials, and electronic records and data received by the Assembly Transportation, Public Works, and Independent Authorities Committee pursuant to subpoenas issued under the powers granted to the committee by Assembly Resolution 61 and Assembly Resolution 91 of the 215th Legislative Session; and the Select Committee on Investigation pursuant to subpoenas issued under the powers granted to the committee by Assembly Resolution 10 of the 216th Legislative Session and such other documents, records, or other data that may be in the possession of that committee.
The resolution provides that the New Jersey Legislative Select Committee on Investigation may call to its assistance, employ, and avail itself of the services of special counsel retained to assist the New Jersey Legislative Select Committee on Investigation.
Finally, the resolution dissolves the Select Committee on Investigation constituted pursuant to Assembly Resolution 10 and the Senate Select Committee on Investigation constituted pursuant to Senate Resolution 1.
The resolution expires at noon on Tuesday, January 12, 2016.
