TITLE 22
General Assembly
CHAPTER 22-10
Lobbying
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
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 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.)
