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

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

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

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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 Articles are hereby amended, as hereinafter set

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

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ARTICLE VI

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OF THE LEGISLATIVE POWER

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     Section 5. Immunities of general assembly members. -- The persons of all members of

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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 before the commencement and

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two days after the termination thereof, and all process served contrary hereto shall be void. For

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any speech in debate in either house, no member shall be questioned in any other place, except by

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

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

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

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duties.

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ARTICLE III

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OF QUALIFICATION FOR OFFICE

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

 

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independent non-partisan ethics commission which shall adopt a code of ethics including, but not

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limited to, provisions on conflicts of interest, confidential information, use of position, contracts

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with government agencies and financial disclosure. All elected and appointed officials and

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

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

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the code of ethics and to impose penalties, as provided by law; and the commission shall have the

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power to remove from office officials who are not subject to impeachment. Provided, however,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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 or 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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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

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

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Senate.

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

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

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

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