2015 -- H 5374

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LC000355

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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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)

     Introduced By: Representatives Marcello, Hearn, Ajello, Handy, and Costantino

     Date Introduced: February 11, 2015

     Referred To: House Judiciary

     RESOLVED, That a majority of all members elected to each house of the general

assembly voting therefore, the following amendment to the Constitution of the state be proposed

to the qualified electors of the state in accordance with the provisions of Article XIV of the

Constitution for their approval and the following sections are hereby amended, effective on

January 1, 2017, to read as follows:

ARTICLE III

OF QUALIFICATION FOR OFFICE

     Section 8. Ethics commission – Code of ethics. Ethics commission – Code of ethics --

Jurisdiction. – The general assembly shall establish an independent non-partisan ethics

commission which shall adopt a code of ethics including, but to not limited to, provisions on

conflicts of interest, confidential information, use of position, contracts with government agencies

and financial disclosure. All elected and appointed officials of state and local government, of

boards, commissions and agencies shall be subject to the code of ethics and the jurisdiction of the

ethics commission. The ethics commission shall have the jurisdiction and authority to investigate

and adjudicate all alleged violations of the code of ethics, including acts otherwise protected by

Article VI, Section 5, and to impose penalties, as provided by law; and the commission shall have

the power to remove from office officials who are not subject to impeachment.

ARTICLE VI

OF THE LEGISLATIVE POWER

     Section 5. Immunities of General Assembly members. – The persons of all members

of the general assembly shall be exempt from arrest and their estates from attachment in any civil

action, during the session of the general assembly, and two days after the termination thereof, and

all process served contrary hereto shall be void. For any speech in debate in either house, no

member shall be questioned in any other place, except by the ethics commission as set forth in

Article III, section 8 of the Constitution.

     RESOLVED, That the said proposition of amendment shall be submitted to the electors

for their approval or rejection at the next statewide general election. The voting places in the

several cities and towns shall be kept open during the hours required by law for voting therein for

general officers of the state; and be it further

     RESOLVED, That the secretary of state shall cause the said proposition of amendment to

be published as a part of this resolution in the newspapers of the state prior to the date of the said

meetings of the said electors; and the said proposition shall be inserted in the warrants or notices

to be issued previous to said meetings of the electors for the purpose of warning the town, ward,

or district meetings, and said proposition shall be read by the town, ward, or district meetings to

be held as aforesaid; and be it further

     RESOLVED, That the town, ward, and district meetings to be held aforesaid shall be

warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

district meetings shall be conducted in the same manner as now provided by law for the town,

ward, and district meetings for the election of general officers of the state.

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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 joint resolution would, if approved by the General Assembly, provide for a question

to be submitted to the qualified electors to amend Article III, section 8 of the Rhode Island

Constitution so as to give the Ethics Commission the power to adjudicate all alleged violations. It

would also amend, if approved, Article VI, section 5, which would give the Ethics Commission

the power to investigate and adjudicate violations during speech in debate in either house.

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