2013 -- S 0337

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LC00395

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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 E O`Neill, Cote, Bates, Ottiano, and Hodgson

     Date Introduced: February 13, 2013

     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 therefore, the following amendment to the Constitution of the state be proposed

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to 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 sections are hereby amended, effective on

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January 1, 2011, to read as follows:

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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. Ethics commission – Code of ethics --

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Jurisdiction. – The general assembly shall establish an independent non-partisan ethics

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commission which shall adopt a code of ethics including, but to limited to, provisions on conflicts

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of interest, confidential information, use of position, contracts with government agencies and

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financial disclosure. All elected and appointed officials of state and local government, of boards,

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commissions and agencies shall be subject to the code of ethics and the jurisdiction of the ethics

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commission. The ethics commission shall have the jurisdiction and authority to investigate and

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adjudicate all alleged violations of the code of ethics, including acts otherwise protected by

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Article VI, Section 5, and to impose penalties, as provided by law; and the commission shall have

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the power to remove from office officials who are not subject to impeachment.

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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

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of 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 after the termination thereof, and

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all process served contrary hereto shall be void. For any speech in debate in either house, no

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member shall be questioned in any other place, except by the ethics commission as set forth in

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Article III, section 8 of the Constitution.

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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 of 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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LC00395

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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 amendment of the Constitution of the State, if adopted, would provide that the

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Ethics Commission would have jurisdiction over the members of the General Assembly

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notwithstanding the “speech in debate” provisions of Article VI, Section 5 of the Constitution.

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LC00395

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