SR68

A Senate Resolution constituting a special committee of the Senate entitled the “Senate Select Committee on the Executive Branch’s Response to the COVID-19 Pandemic.”

Whereas, The coronavirus disease 2019 (COVID-19), which was first identified in Wuhan, China in December 2019, has developed into a global pandemic, with nearly 4 million cases and more than 270,000 deaths reported worldwide as of May 2020; and

Whereas, Efforts to slow the spread of COVID-19 have resulted in the implementation of sweeping emergency measures by the executive branch of the government of New Jersey, including issuing stay-at-home orders, limiting social contact, closing non-essential businesses, suspending elective surgeries, expanding the health care workforce, delaying tax collections and adoption of the FY 2021 budget, and directing the allocation and use of scarce resources such as personal protective equipment and ventilators; and

Whereas, COVID-19 has had a significant impact on the lives of every resident of this State. Many New Jersey families have experienced firsthand the effects of furloughs and layoffs, the stresses of prolonged social isolation, and the pain of preventable illnesses and deaths; and

Whereas, It is anticipated that COVID-19 will have lasting deleterious effects on the State economy as both New Jersey and the nation struggle to address lost revenues, the costs of the COVID-19 response, widespread upticks in unemployment claims, and the lasting toll of the disease on first responders, health care workers, and the health care industry, as well as to other commercial and social sectors; and

Whereas, It is incumbent on this House to examine the executive branch’s response to the COVID-19 pandemic to identify the successes and deficiencies in that response and develop policies and strategies to ensure the State is fully prepared for future outbreaks of infectious disease, as well as other Statewide events that may result in a prolonged emergency response; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. There is constituted a special committee of the Senate entitled the “Senate Select Committee on the Executive Branch’s Response to the COVID-19 Pandemic,” comprising six members of the Senate. The six members shall be appointed by the Senate President, with no more than three members being from a single political party. There shall be a chair and vice-chair of the special committee appointed by the Senate President from among the members appointed to the committee, who shall not be of the same political party.

2. The Senate Select Committee on the Executive Branch’s Response to the COVID-19 Pandemic shall evaluate the executive branch’s response to the coronavirus disease 2019 (COVID-19) pandemic and develop strategies to improve the State’s response to future outbreaks of infectious disease and other Statewide events that may result in a prolonged emergency response. For the purposes of carrying out its charge under this resolution, the special committee shall have all the powers conferred under the laws and the Constitutions of the State of New Jersey and of the United States, including, but not limited to, the following powers, provided that no subpoena shall be issued by the special committee without the written consent of the chair, the vice chair, and the President of the Senate:

a. the powers 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;

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 use any and all reasonable means of interviewing or fact gathering, including, but not limited to, preliminary conferences or interviews;

d. 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;

e. to utilize the powers provided under R.S.52:13-3 or hold individuals or entities in contempt of the committee;

f. to make findings and reports to the Senate of any recommendations, including recommendations for enforcement, that the special 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 that the committee may request;

g. to respond to any judicial or other process, or to make application to the courts of this State, or any other state, or the United States;

h. to report possible violations of any law, rule, regulation, or code to appropriate federal, State, or local authorities; and

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

3. a. The Senate Select Committee on the Executive Branch’s Response to the COVID-19 Pandemic 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 Senate Select Committee on the Executive Branch’s Response to the COVID-19 Pandemic, upon the written approval of the Senate President, shall be entitled to call to its assistance, employ, and avail itself of the services of one or more special counsel retained to assist the committee.

4. This resolution shall take effect immediately.

STATEMENT

This Senate Resolution establishes a special committee of the Senate entitled the “Senate Select Committee on the Executive Branch’s Response to the COVID-19 Pandemic” to evaluate the executive branch’s response to the coronavirus disease 2019 (COVID-19) pandemic and develop strategies to improve the State’s response to future outbreaks of infectious disease and other Statewide events that may result in a prolonged emergency response.

The special committee will comprise six members of the Senate, to be appointed by the Senate President, with no more than three members being from a single political party. The Senate President will appoint a chair and vice-chair of the special committee from among the membership, who shall not be of the same political party.

For the purposes of carrying out its duties, the special committee will have all the powers conferred under the laws and the Constitutions of the State of New Jersey and of the United States, including, but not limited to, the powers conferred under chapter 13 of Title 52 of the Revised Statutes, which include the power to issue subpoenas compelling the attendance of witnesses and the production of evidence, provided that no subpoena may be issued by the committee without the written consent of the chair, the vice chair, and the President of the Senate.

The special committee will 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 its duties, and within the limits of funds appropriated or otherwise made available for that purpose.

The special committee, upon the written approval of the Senate President, will be entitled to call to its assistance, employ, and avail itself of the services of one or more special counsel retained to assist the committee.