Chapter 283
2011 -- S 0735
Enacted 07/12/11
A N A C T
RELATING TO
GENERAL ASSEMBLY - LOBBYING
Introduced By: Senators Pichardo, and Goodwin
Date Introduced: March 23, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 22-10-6, 22-10-8 and 22-10-10 of the
General Laws in Chapter 22-
10 entitled
"Lobbying" are hereby amended to read as follows:
22-10-6. Entry of
names of lobbyists on register required. -- (a) Every person,
corporation, or association that engages any person to act as a
lobbyist as defined in section 22-
10-2 shall, after the commencement of the annual
legislative session and within seven (7) days
after the date of the employment, cause the name of the
person, corporation, or association and
the name of the person so engaged, or agreed to be
engaged, to be entered in the register as
provided in section 22-10-5 in the office of the secretary of
state. It shall also be the duty of the
person so engaged as a lobbyist to enter or cause to be
entered his or her name in the register
within seven (7) days after his or her date of employment.
Upon the termination of the
engagement, that fact shall be entered opposite the name of any
person so engaged by the
employer or employee.
(b) No person,
corporation or association shall be allowed to cause the name of the
person, corporation or association and the name of the
person so engaged to be entered into the
register of the office of the secretary of state unless full compliance,
if any required, of the
provisions of this chapter have been met for the prior calendar
year.
22-10-8.
Identification badge. -- (a) There
shall be issued by the secretary of state to
every person who shall qualify as a legislative lobbyist,
as provided in this chapter, and who shall
have complied with the provisions of this chapter for the
prior calendar year, if applicable,
an
identification badge evidencing qualification in the form as shall
be prescribed by the secretary of
state. Every lobbyist shall conspicuously display this
identification badge on his or her clothing
while in the state house at all times of the day during any
legislative session, special legislative
session, and at all times of the day during any committee meeting
or joint committee meeting of
the general assembly. The color of the identification
badge shall be changed each legislative year.
The badge shall include, but not be limited to, the
word "Lobbyist" in bold print as well as the
name of the lobbyist, the year, the registration number of
the lobbyist, and the name of the
employer.
(b) An annual fee equal
to the actual cost of preparing the badge, but not exceeding five
dollars ($5.00), shall be paid by the lobbyist. The fee shall
be paid to the secretary of state at the
time of registration for deposit in the state's general
treasury.
22-10-10.
Duties and powers of the secretary of state. --
The secretary of state shall
have authority to perform any duties that are necessary to
implement the provisions of this
chapter. Without limiting the generality of the foregoing,
the secretary of state is authorized and
empowered to:
(1) Develop forms for
the making of the required financial reports.
(2) Develop one
register for legislative lobbyists and one register for limited activity
lobbyists.
(3) Adopt rules and
regulations to carry out the purposes of this chapter.
(4) Prepare and make
available for public inspection through the office of the secretary
of state summaries of all reports.
(5) Prepare and publish
a manual for all persons, corporations, or associations which
engage any person as a lobbyist and for all lobbyists which
sets forth the requirements of this
chapter and conduct an annual education program for lobbyists
to review the requirements of this
chapter and chapter 139 of title 42 regarding lobbying
activities and construction on codes of
ethics and conflicts of interest.
(6) Ascertain whether
any person, corporation, association, or lobbyist has failed to
register or file reports or has filed an incomplete or
inaccurate report; and the secretary may, for
good cause shown, extend the dates upon which reports are
required to be filed.
(7) Conduct
investigations and/or hearings relative to alleged violations of this chapter
either on his or her own initiative or upon receipt of a
verified written complaint, which
complaint shall, upon pain and penalty of perjury, be based
upon actual knowledge and not
merely on information and belief. Upon completion of the
investigation, if the secretary of state
has reason to believe that a violation has occurred, the
secretary may convene a hearing for the
purpose of taking evidence and receiving testimony regarding
the alleged violation. At this
hearing, the person alleged to have committed the violation
shall be afforded the opportunity to
present evidence and offer testimony in his or her defense.
Upon completion of the hearing, if the
secretary of state determines by a preponderance of the
evidence that a violation has occurred, the
secretary shall order the lobbyist or person engaging a
lobbyist to file any report or amended
report that is necessary to immediately correct the
violation. If the secretary determines by clear
and convincing evidence that the violation was
intentional and that the violator failed to comply
when given notice of the deficiency, then he or she may
impose an administrative penalty as
provided in section 22-10-11(a). Any determination and/or
administrative penalty imposed by the
secretary of state may be appealed by the aggrieved party to
superior court pursuant to the
provisions of chapter 35 of title 42. If the secretary of state
determines that the nature of the
violation was of such seriousness and willfulness as to warrant
a criminal complaint, he or she
may refer the violation to the attorney general for
prosecution as provided for in section 22-10-
11(b).
(8) Administer oaths.
(9) Prepare and publish
annually by March first (1st), a report on lobbying in Rhode
Island to be submitted to the governor, the speaker of
the house, the house majority leader, the
house minority leader, the senate president, the senate majority
leader, the senate minority leader,
and members of the ethics commission. The annual report
shall include information on lobbying
activities as provided in sections 22-10-4, 22-10-5, 22-10-9,
42-139-3, 42-139-4, 42-139-5, and
42-139-6. The report shall be
made available electronically on the secretary of state's website.
(10) Deny any person,
corporation, or association which engages any person as a lobbyist
and/or any lobbyist the ability to register with its office
pursuant to section 12 of this chapter until
such time as full compliance with this chapter, for the
prior calendar year, if applicable, has been
met.
SECTION 2. This act shall take effect upon passage.
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LC01493
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