ASSEMBLY RESOLUTION No. 91

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 7, 2013

 


 

Sponsored by:

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

Co-Sponsored by:

Assemblywoman Mosquera

 

 

 

 

SYNOPSIS

     Continues Assembly Transportation, Public Works and Independent Authorities Committee as special committee to investigate finances of Port Authority of New York and New Jersey; continues committee subpoena power and grants certain other enforcement powers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Assembly Resolution continuing the Assembly Transportation, Public Works and Independent Authorities Committee as a special committee of the General Assembly to investigate the finances of the Port Authority of New York and New Jersey.

 

Whereas, On March 15, 2012, the General Assembly adopted Assembly Resolution 61, constituting the Assembly Transportation, Public Works and Independent Authorities Committee as a special committee of the General Assembly to investigate the finances of the Port Authority of New York and New Jersey; and

Whereas, Section 2 of Assembly Resolution 61 charged the committee with investigating all aspects of the finances of the Port Authority, including, but not limited to, the recently proposed 10-year capital plan, the allocation of the revenue generated from the recently imposed toll increase plan and where that revenue is being spent, and the salary, overtime, and other compensation paid to officers and employees of the authority; and

Whereas, Assembly Resolution 61 conferred powers 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, After repeated attempts to obtain the necessary information on a voluntary basis were unsuccessful, on October 25, 2012, the committee caused subpoenas to be served on the Port Authority and its representatives seeking production of documents concerning the August 2011 toll increase; the Access to the Region's Core project; the referral of job candidates to the Port Authority by Governor Chris Christie; and the Port Authority Board of Commissioners Executive Session meeting minutes; and

Whereas, The Port Authority has provided limited and incomplete responses to the committee’s subpoenas on a rolling basis; and

Whereas, The committee cannot fulfill its charge without full and complete documentary and testimonial evidence; and

Whereas, Section 5 of Assembly Resolution 61 provided that the committee’s powers pursuant to chapter 13 of Title 52 of the Revised Statutes shall expire 12 months following adoption of Assembly Resolution 61; and

Whereas, It remains entirely fitting and proper for this House to continue to investigate all aspects of the finances of the Port Authority and extend the powers granted pursuant to chapter 13 of Title 52 of the Revised Statutes for the duration of the 215th Session of the General Assembly; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey:


     1.    The Assembly Transportation, Public Works and Independent Authorities Committee is continued as a special committee of the General Assembly in accordance with the provisions of chapter 13 of Title 52 of the Revised Statutes.  The membership of the committee as previously constituted is reconstituted and continued.

 

     2.    The committee shall continue to investigate all aspects of the finances of the Port Authority of New York and New Jersey, including, but not limited to, the Port Authority’s current 10-year capital plan, the allocation of the revenue generated from the recently imposed toll increase plan and where that revenue is being spent, and the salary, overtime, and other compensation paid to officers and employees of the authority.

 

     3.    For the purposes of carrying out its charge under this resolution, the committee shall 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:

     a.     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 and other documents;

     b.    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;

     c.     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;

     d.    to utilize the powers provided under R.S.52:13-3 or hold the Port Authority in contempt of the committee;

     e.     to make to the General Assembly any recommendations by report or resolution, 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, or other documents in compliance with any subpoena;

     f.     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;

     g.     to report possible violations of any law to appropriate federal, State, or local authorities; and

     h.     to adopt additional rules or procedures not inconsistent with this resolution.


     4.    The committee 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.

 

     5.    This resolution shall take effect immediately with no expiration or interruption of the committee’s charge and powers pursuant to Assembly Resolution 61 of 2012, and the committee’s powers pursuant to chapter 13 of Title 52 of the Revised Statutes shall expire at noon on Tuesday, January 14, 2014.

 

 

STATEMENT

 

     This Assembly resolution continues the Assembly Transportation, Public Works and Independent Authorities Committee as a special committee of the General Assembly to investigate all aspects of the finances of the Port Authority of New York and New Jersey, including, but not limited to, the recently proposed 10-year capital plan, the allocation of the revenue generated from the recently imposed toll increase plan and where that revenue is being spent, and the salary, overtime, and other compensation paid to officers and employees of the authority.

     For the purposes of carrying out its charge, this resolution confers upon the committee 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, and other documents;

·        to hold hearings, take testimony under oath, and receive documentary or physical evidence

·        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 utilize the powers provided under R.S.52:13-3 or hold the Port Authority in contempt of the committee;

·        to make to the General Assembly any recommendations by report or resolution;

·        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 to appropriate federal, State, or local authorities; and

·        to adopt additional rules or procedures.

     This resolution expires at noon on Tuesday, January 14, 2014.