2016 -- S 2427

========

LC004221

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

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 Jabour

     Date Introduced: February 11, 2016

     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 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 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 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 any person against whom the commission finds a violation of the code of

ethics for any conduct that was criminal in nature at common law shall be entitled to a trial by

jury.

     SECTION 9. Ethics commission composition.-- Notwithstanding Article IX, Section 5,

the ethics commission shall be composed of nine (9) members, appointed for five (5) year terms

by the governor; provided, that one of the nine (9) shall be appointed from a list of four (4)

candidates submitted jointly by the speaker of the house of representatives and the president of

the senate and four (4) of the nine (9) shall be appointed each from lists of three (3) candidates

submitted by the majority leader of the house of representatives, the minority leader of the house

of representatives, the majority leader of the senate, and the minority leader of the senate. No

commissioner shall be appointed to more than two (2) five (5) year terms but may serve until

their successors are appointed and qualified.

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 as set forth in Article III, Section 8 of this Constitution; provided,

however, that members shall be free, without questions, to engage in public discussion, prior to

any vote, on the floor of the House of Representatives or the Senate or in committees thereof.

     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

     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,

LC004221 - Page 2 of 4

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

========

LC004221

========

LC004221 - Page 3 of 4

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

***

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

questioned by the ethics commission in certain circumstances for speech in debate and votes

occurring in the House and Senate. However, legislators could not be questioned for what they

said in public discussion, prior to any vote, on the floor of the House or Senate or in committees

thereof. It would also expand Article III and give a legislator who is found by the ethics

commission to have violated the code of ethics for conduct that was criminal in nature at common

law the right to a trial de novo by jury. Further, it would amend the composition of the ethics

commission and the appointment of its members.

========

LC004221

========

LC004221 - Page 4 of 4