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§22-10-10  Duties and powers of the secretary of state. –

Published: 2015

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General Assembly



SECTION 22-10-10

   § 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


   (1) Develop forms for the making of the required financial


   (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 that engage any person as a lobbyist and for all

lobbyists 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

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 § 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 § 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 §§ 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 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.

History of Section.

(P.L. 1988, ch. 436, § 2; P.L. 2006, ch. 428, § 4; P.L. 2006, ch.

429, § 4; P.L. 2011, ch. 283, § 1; P.L. 2011, ch. 298, § 1; P.L.

2014, ch. 102, § 1; P.L. 2014, ch. 121, § 1.)