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Senator urges attorney general probe before approving more funds for Act 3 projects
Summary
The finance subcommittee adopted a proviso directing the attorney general to investigate potential third-party civil liability tied to projects under Act 3 of 2023 and set reporting deadlines; Sen. Sarah (Georgetown) warned against approving additional funding until the probe clarifies who may be responsible for cost overruns.
The finance subcommittee on April 24 adopted a new proviso directing the state attorney general to investigate potential civil liability by any third party connected to projects under Act 3 of 2023 and, if reasonable grounds exist, to pursue civil legal action on behalf of the state.
Jessa, committee staff, told members the proposed language would require a status report to the governor and the chairs of finance and ways and means by Jan. 1, 2027, with a final report to follow after the investigation concludes. "This proviso directs the attorney general to investigate potential civil liability by any third party connected to the projects under Act 3 of 2023," Jessa said.
Sen. Sarah, a senator from Georgetown who spoke at length during the discussion, urged caution before approving further appropriations for projects tied to Act 3. "I would hate to go on the record, giving a 150 plus, you know, plus the 70 and overage they've already done," Sarah said, arguing the committee should not commit additional funds only to learn later that a third party may be responsible for some costs. She said she wants a thorough investigation so the attorney general can "pursue that on behalf of the state and the taxpayers" if liability exists.
Other members echoed the need for additional fact-finding. Jessa confirmed the House had placed funding on the line for some items — including an amount mentioned by members in the meeting for Captain Sam Spit — but the subcommittee ultimately recommended "conform to funding," meaning the proviso would apply if and to the extent appropriations are placed on the fiscal line.
The motion to adopt the third-party civil liability proviso was made and seconded and the subcommittee approved it. The committee also discussed related funding items (including reference to a $32,000,000 figure cited by members for Captain Sam Spit) and agreed to treat several items as contingent on explicit appropriations.
Next steps: the attorney general would be required to deliver a status report by Jan. 1, 2027, and the subcommittee’s adoption makes the investigation an official part of the fiscal-package oversight process. The committee also empowered staff to make technical conforming changes to proviso language consistent with the subcommittee actions.
