2014 -- S 2590

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LC003689

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO GENERAL ASSEMBLY - LOBBYING

     

     Introduced By: Senators Crowley, Cool Rumsey, and Sosnowski

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 22-10-10 of the General Laws in Chapter 22-10 entitled

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"Lobbying" is hereby amended to read as follows:

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     22-10-10. Duties and powers of the secretary of state. -- The secretary of state shall

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have authority to perform any duties that are necessary to implement the provisions of this

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chapter. Without limiting the generality of the foregoing, the secretary of state is authorized and

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empowered to:

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      (1) Develop forms for the making of the required financial reports.

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      (2) Develop one register for legislative lobbyists and one register for limited-activity

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lobbyists.

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      (3) Adopt rules and regulations to carry out the purposes of this chapter.

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      (4) Prepare and make available, for public inspection through the office of the secretary

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of state, summaries of all reports.

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      (5) Prepare and publish a manual for all persons, corporations, or associations which that

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engage any person as a lobbyist and for all lobbyists which that sets forth the requirements of this

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chapter and conduct an annual education program for lobbyists to review the requirements of this

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chapter and chapter 139 of title 42 regarding lobbying activities and provide construction

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instruction on codes of ethics and conflicts of interest.

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      (6) Ascertain whether any person, corporation, association, or lobbyist has failed to

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register or file reports or has filed an incomplete or inaccurate report; and the secretary may, for

 

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good cause shown, extend the dates upon which reports are required to be filed.

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      (7) Conduct investigations and/or hearings relative to alleged violations of this chapter

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either on his or her own initiative or upon receipt of a verified written complaint, which

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complaint shall, upon pain and penalty of perjury, be based upon actual knowledge and not

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merely on information and belief. Upon completion of the investigation, if the secretary of state

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has reason to believe that a violation has occurred, the secretary may convene a hearing for the

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purpose of taking evidence and receiving testimony regarding the alleged violation. At this

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hearing, the person alleged to have committed the violation shall be afforded the opportunity to

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present evidence and offer testimony in his or her defense. Upon completion of the hearing, if the

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secretary of state determines by a preponderance of the evidence that a violation has occurred, the

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secretary shall order the lobbyist or person engaging a lobbyist to file any report or amended

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report that is necessary to immediately correct the violation. If the secretary determines by clear

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and convincing evidence that the violation was intentional and that the violator failed to comply

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when given notice of the deficiency, then he or she may impose an administrative penalty as

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provided in section §22-10-11(a). Any determination and/or administrative penalty imposed by

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the secretary of state may be appealed by the aggrieved party to superior court pursuant to the

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provisions of chapter 35 of title 42. If the secretary of state determines that the nature of the

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violation was of such seriousness and willfulness as to warrant a criminal complaint, he or she

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may refer the violation to the attorney general for prosecution as provided for in section §22-10-

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11(b).

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      (8) Administer oaths.

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      (9) Prepare and publish annually by March first (1st), a report on lobbying in Rhode

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Island to be submitted to the governor, the speaker of the house, the house majority leader, the

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house minority leader, the senate president, the senate majority leader, the senate minority leader,

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and members of the ethics commission. The annual report shall include information on lobbying

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activities as provided in sections §§22-10-4, 22-10-5, 22-10-9, 42-139-3, 42-139-4, 42-139-5, and

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42-139-6. The report shall be made available electronically on the secretary of state's website.

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      (10) Deny any person, corporation, or association which that engages any person as a

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lobbyist and/or any lobbyist the ability to register with its office pursuant to section 12 of this

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chapter until such time as full compliance with this chapter, for the prior calendar year, if

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applicable, has been met.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO GENERAL ASSEMBLY - LOBBYING

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     This act would correct a minor typing error by deleting the word "construction", and

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inserting in place thereof the word "instruction" in relating to the codes of ethics and conflicts of

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interest laws of the state.

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     This act would take effect upon passage.

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