2014 – S 2590
Enacted 06/16/14
A N A C T
RELATING TO GENERAL ASSEMBLY - LOBBYING
Introduced By: Senators Crowley, Cool Rumsey, and Sosnowski
Date Introduced: March 04, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 22-10-10 of the General Laws in Chapter 22-10 entitled "Lobbying" is hereby amended to read as follows:
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 that engage any
person as a lobbyist and for all lobbyists which that 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 provide construction
instruction 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 that 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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LC003689
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