2015 -- S 0173

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LC000342

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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: Senators Sheehan, Conley, McCaffrey, Metts, and Cote

     Date Introduced: February 05, 2015

     Referred To: Senate Judiciary

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

assembly voting therefor, 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 Articles are hereby amended, as hereinafter set

forth, effective on January 3, 2017, to read as follows:

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 before the commencement 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 for a violation of the code of ethics occurring on or after January 3, 2017;

provided, however, that members of the general assembly shall be free, without question or

penalty, to discuss and debate, verbally or in writing, any matter within their core legislative

duties.

ARTICLE III

OF QUALIFICATION FOR OFFICE

     Section 8. Ethics commission -- Code of ethics. The general assembly shall establish an

independent non-partisan ethics commission which shall adopt a code of ethics including, but 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 and

employees of state and local government, of boards, commissions and agencies shall be subject to

the code of ethics. The ethics commission shall have the authority to investigate all violations of

the code of ethics 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. Provided, however,

that effective January 3, 2017, any person against whom the commission finds a violation of the

code of ethics shall be entitled to a trial de novo in a court established pursuant to Article X,

Section 2 of the Constitution, in accordance with procedures established by law.

     Section 9. Ethics commission composition.-- Effective January 3, 2017, the ethics

commission shall be composed of eleven (11) members, each appointed for a single, five (5) year

term by the governor; provided, that six (6) of whom shall be appointed each from a list of three

(3) candidates submitted by the speaker of the house of representatives, the majority leader of the

house of representatives, the minority leader of the house of representatives, the president of the

senate, the majority leader of the senate, and the minority leader of the senate. Those

commissioners in office on January 3, 2017, shall continue in office for the terms to which they

were originally appointed and until their successors are appointed and qualified. On or before

February 1, 2017, the governor shall appoint two (2) members, one (1) of whom shall be selected

from a list of three (3) candidates submitted by the majority leader of the senate. Vacancies

occurring after January 3, 2017, shall be filled in accordance with this section.

     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 or 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

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     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 resolution would expand Article VI of the RI Constitution to permit legislators to be

questioned by the Ethics Commission for speech and debate which occurs in the House and

Senate.

     It would also expand Article III and give a legislator who is found to have violated the

Code of Ethics by the Ethics Commission, the right to a trial de novo. Further, it would amend the

composition of the Ethics Commission and the appointment of its members.

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