New Jersey-2012-AR151-Introduced

An Assembly Resolution constituting the Assembly Budget Committee as a special committee of the General Assembly to investigate matters related to the State budget and State finances.

Whereas, The General Assembly is constitutionally assigned a preeminent role in ascertaining the amount of revenue to be generated by legislative measures for the State budget; and

Whereas, The rules of the General Assembly charge the Assembly Budget Committee with a prominent role in the construction and oversight of the State budget; and

Whereas, Recent revenue reports indicate a potential for fewer resources than originally certified by the Governor for the State budget and the Assembly Budget Committee has been denied the testimony of Executive Branch officials concerning the matter; and

Whereas, The Executive Branch's use of a private management service for the State Lottery may have a significant bearing on the State's budget resources and the Assembly Budget Committee has been denied the testimony of Executive Branch officials concerning the matter; and

Whereas, The federal government is scheduled to provide substantial funding to the State to meet the disaster caused by Hurricane Sandy and the Assembly Budget Committee has been denied the testimony of Executive Branch officials concerning the matter; and

Whereas, The Assembly Budget Committee has been denied the testimony of Executive Branch officials concerning issues with significant State budget impacts no less than four times since September of 2012; and

Whereas, The collection of information concerning executive administration via committee testimony and documentary evidence is a critical component of the General Assembly and Assembly Budget Committee's discharge of duties in constructing and overseeing the State budget; and

Whereas, While the traditional review of the Governor's proposed budget and the crafting of the Annual Appropriations Act occur from February through June of each year, there are substantive actions during the remainder of the year that have significant and lasting impact on the State's finances which necessitate Assembly Budget Committee budget oversight; and

Whereas, The failure of Executive Branch officials to respond to important and relevant inquiries makes it necessary for the General Assembly to provide the Assembly Budget Committee with subpoena powers; now, therefore,

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

1. The Assembly Budget Committee is constituted 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 Assembly Budget Committee as previously constituted is reconstituted and continued in the special committee.

2. The special committee shall have the authority to investigate all matters related to the State budget and State finances including, but not limited to, revenue collections, State budget contingency plans, private management services for the State Lottery, federal relief funding in response to Hurricane Sandy, and any facts the special committee deems relevant in determining whether the circumstances associated with the State budget and State finances necessitate further legislative action.

3. For the purposes of carrying out investigations pursuant to this resolution, the special committee shall have all the powers conferred pursuant to Chapter 13 of Title 52 of the Revised Statutes, including but not limited to, the power to:

a. issue subpoenas to compel attendance and testimony of persons and the production of books, papers, correspondence, and other documents;

b. hold hearings, take testimony under oath, and receive documentary or physical evidence relating to the matters and questions the special committee is authorized to investigate or study;

c. 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. utilize all powers provided under R.S.52:13-3 as conferred pursuant to this section;

e. make to the General Assembly any recommendations by report or resolution, 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 the special committee, to answer questions or give testimony during an appearance of that person as a witness, or to produce before the special committee any books, papers, correspondence, or other documents in compliance with any subpoena;

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

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

4. For the purposes of carrying out investigations pursuant to this resolution, the special 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, and to employ any other services as may be deemed necessary, in order to perform the investigations authorized herein, within the limits of funds appropriated or otherwise made available for the investigations.

5. 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 14, 2014.

STATEMENT

This Assembly Resolution constitutes the Assembly Budget Committee as a special committee to investigate matters related to State budget and State finances. The purpose of this resolution is to equip the committee with subpoena power to acquire information via testimony and documentary evidence, otherwise denied, concerning State budget impacts.

The resolution explicitly authorizes the committee to investigate all matters related to the State budget and State finances including, but not limited to, revenue collections, State budget contingency plans, private management services for the State Lottery, federal relief funding in response to Hurricane Sandy, and any facts the committee deems relevant in determining whether the circumstances associated with the State budget and State finances necessitate further legislative action. The resolution authorizes the committee to use subpoenas for compelling testimony and production of exhibits. The resolution also allows the committee to utilize government resources to effectuate its investigations to the extent available.