2013 -- H 5498 | |
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LC00660 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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J O I N T R E S O L U T I O N | |
TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF | |
AMENDMENT TO THE CONSTITUTION OF THE STATE (ETHICS COMMISSION) | |
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     Introduced By: Representatives Marcello, Costantino, Valencia, Hearn, and Edwards | |
     Date Introduced: February 14, 2013 | |
     Referred To: House Judiciary | |
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     RESOLVED, That a majority of all members elected to each house of the general |
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assembly voting therefore, the following amendment to the Constitution of the state be proposed |
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to the qualified electors of the state in accordance with the provisions of Article XIV of the |
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Constitution for their approval and the following sections are hereby amended, effective on |
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January 1, 2011, to read as follows: |
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     ARTICLE III |
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     OF QUALIFICATION FOR OFFICE |
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     Section 8. |
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Jurisdiction. – The general assembly shall establish an independent non-partisan ethics |
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commission which shall adopt a code of ethics including, but to limited to, provisions on conflicts |
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of interest, confidential information, use of position, contracts with government agencies and |
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financial disclosure. All elected and appointed officials of state and local government, of boards, |
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commissions and agencies shall be subject to the code of ethics and the jurisdiction of the ethics |
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commission. The ethics commission shall have the jurisdiction and authority to investigate and |
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adjudicate all alleged violations of the code of ethics, including acts otherwise protected by |
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Article VI, Section 5, and to impose penalties, as provided by law; and the commission shall have |
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the power to remove from office officials who are not subject to impeachment. |
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     ARTICLE VI |
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     OF THE LEGISLATIVE POWER |
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     Section 2. Immunities of General Assembly members. – The persons of all members |
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of the general assembly shall be exempt from arrest and their estates from attachment in any civil |
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action, during the session of the general assembly, and two days after the termination thereof, and |
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all process served contrary hereto shall be void. For any speech in debate in either house, no |
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member shall be questioned in any other place, except by the ethics commission as set forth in |
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Article III, section 8 of this Constitution. |
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     RESOLVED, That the said proposition of amendment shall be submitted to the electors |
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for their approval or rejection at the next statewide general election. The voting places in the |
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several cities and towns shall be kept open during the hours required by law for voting therein for |
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general officers of the state; and be it further |
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     RESOLVED, That the secretary of state shall cause the said proposition of amendment to |
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be published as a part of this resolution in the newspapers of the state prior to the date of the said |
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meetings of the said electors; and the said proposition shall be inserted in the warrants or notices |
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to be issued previous to said meetings of the electors for the purpose of warning the town, ward, |
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or district meetings, and said proposition shall be read by the town, ward, or district meetings to |
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be held as aforesaid; and be it further |
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     RESOLVED, That the town, ward, and district meetings to be held aforesaid shall be |
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warned, and the list of voters shall be canvassed and made up, and the said town, ward, and |
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district meetings shall be conducted in the same manner as now provided by law for the town, |
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ward, and district meetings for the election of general officers of the state. |
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LC00660 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
J O I N T R E S O L U T I O N | |
TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF | |
AMENDMENT TO THE CONSTITUTION OF THE STATE (ETHICS COMMISSION) | |
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     This amendment to the Constitution of the State, if adopted, would provide that the Ethics |
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Commission would have jurisdiction over the members of the General Assembly notwithstanding |
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the “speech in debate” provisions of Article VI, Section 5 of the Constitution. |
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LC00660 | |
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