Bill Text: NJ AR52 | 2014-2015 | Regular Session | Introduced
Bill Title: Constitutes and continues Assembly Transportation, Public Works and Independent Authorities Committee as special committee to investigate finances, operations, and management of PANYNJ; grants committee subpoena power and certain other enforcement powers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [AR52 Detail]
Download: New_Jersey-2014-AR52-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Constitutes and continues Assembly Transportation, Public Works and Independent Authorities Committee as special committee to investigate finances, operations, and management of PANYNJ; grants committee subpoena power and certain other enforcement powers.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution constituting and 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, 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 the finances of the Port Authority; 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 Port Authority's 10-year capital plan, the allocation of the revenue generated from the Port Authority's currently implemented 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, Section 5 of Assembly Resolution 61 provided that the committee's powers pursuant to chapter 13 of Title 52 of the Revised Statutes were to expire 12 months following adoption of Assembly Resolution 61; and
Whereas, On February 14, 2013, the General Assembly adopted Assembly Resolution 91, continuing the committee as a special committee of the General Assembly to investigate the finances of the Port Authority, including, but not limited to, the Port Authority's current 10-year capital plan, the allocation of the revenue generated from the Port Authority's currently implemented toll increase plan and how that revenue is spent, and the salary, overtime, and other compensation paid to officers and employees of the Port Authority; and
Whereas, Section 5 of Assembly Resolution 91 provided that the committee's powers pursuant to chapter 13 of Title 52 of the Revised Statutes were to expire at noon on Tuesday, January 14, 2014; and
Whereas, The Port Authority has provided limited and incomplete responses to the committee's subpoenas which has generated additional questions by the committee; and
Whereas, Recent events have highlighted serious issues with the management and operations at the Port Authority and generated even further questions by the committee; and
Whereas, The committee has requested documents and compelled the attendance and testimony of various witnesses concerning the decision on September 9, 2013 to reduce the number of access lanes from Fort Lee, New Jersey onto the George Washington Bridge from three lanes to one without public notice or explanation; and
Whereas, The documents and testimony received by the committee have been incomplete and insufficient to address the evidence that the current management and operations at the Port Authority have failed to honor the public trust; and
Whereas, This House cannot fulfill its charge in investigating the Port Authority without full and complete documentary and testimonial evidence; and
Whereas, It remains entirely fitting and proper for this House to continue to investigate all aspects of the finances, operations, and management of the Port Authority and extend the powers granted pursuant to chapter 13 of Title 52 of the Revised Statutes to the Assembly Transportation, Public Works and Independent Authorities Committee for the duration of the 216th 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 constituted and 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. The powers conferred to the committee pursuant to Assembly Resolution 61 adopted by the General Assembly on March 15, 2012 and Assembly Resolution 91 adopted by the General Assembly on February 14, 2013 is continued.
2. The committee shall investigate all aspects of the finances, operations, and management of the Port Authority of New York and New Jersey, including, but not limited to, the Port Authority's 10-year capital plan, the allocation of the revenue generated from the current 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.
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 and the 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 Assembly resolution constitutes and 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, operations, and management of the Port Authority of New York and New Jersey (Port Authority), including, but not limited to, the Port Authority's 10-year capital plan, the allocation of the revenue generated from the current 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.
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 make to the General Assembly any recommendations by report or resolution;
· 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 to appropriate federal, State, or local authorities; and
· to adopt additional rules or procedures.
This resolution expires at noon on Tuesday, January 12, 2016.
