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2012 -- H 7748 | |
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LC01513 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY | |
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Introduced By: Representatives Slater, DeSimone, Bennett, and Hull | |
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Date Introduced: February 16, 2012 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL |
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PROCEDURE-PROCEDURE GENERALLY" is hereby amended by adding thereto the |
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following chapter: |
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CHAPTER 34 |
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ALTERNATE PUBLICATION OF LEGAL NOTICES |
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9-34-1. Definitions. – As used in this chapter “department” means the department of |
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administration. |
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9-34-2. Alternative means of notice or advertisement. – Notwithstanding any provision |
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of the general or public laws to the contrary, any notice or other written matter required to be |
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published in a newspaper of general circulation by any law of this state shall be deemed a legal |
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notice or advertisement and provided that the requirement may be satisfied by posting of said |
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notice or advertisement on an authorized website, as defined in the rules and regulations |
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promulgated by the department in accordance with the provisions of section 9-34-7. |
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(b) Posting of said notice or advertisement on the secretary of state’s website pursuant to |
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Section 42-46-6 is not sufficient to meet the requirement for the alternative means of notice or |
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advertisement. |
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9-34-3. Disclosure. – Whenever a notice or advertisement is posted using alternative |
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means of notice or advertisement, the party required to post the notice or advertisement must |
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include in the original hard copy of the notice or advertisement a statement of disclosure, clearly |
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identified in print, of the authorized website utilized for the notice or advertisement. |
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9-34-4. Costs. – Any costs associated with posting the notice or advertisement on the |
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authorized website shall be borne by the party required to post the notice or advertisement. |
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9-34-5. Burden of proof. – In any actions brought under this chapter, the burden shall be |
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on the party required to provide notice or advertisement to demonstrate that the notice or |
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advertisement was sufficient pursuant to the rules and regulations set forth by the department. |
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9-34-6. Implementation. – No later than January 1, 2013 the department shall |
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promulgate rules and regulations to implement the provisions of this chapter. |
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9-34-7. Penalty. – Any citizen or entity of the state who is aggrieved as a result of |
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violations of the provisions of this chapter may file a complaint with the attorney general. The |
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attorney general shall investigate the complaint and if the attorney general determines that the |
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allegations of the complaint are meritorious he or she may file a complaint on behalf of the |
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complainant in the superior court against the entities subject to the requirements of this chapter. |
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SECTION 2. This act shall take effect on April 1, 2013. |
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LC01513 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY | |
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This act would provide alternate means of notice or advertisement by electronic posting. |
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This act would take effect on April 1, 2013. |
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LC01513 | |
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