2012 -- S 2494

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LC01442

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

     Introduced By: Senators Gallo, Miller, DiPalma, and Goodwin

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

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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ALTERNATIVE PUBLICATION OF LEGAL NOTICES ACT

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     9-34-1. Definitions. – As used or within the intent of this chapter;

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     (1) “Department” shall mean the department of 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 or by the order of any

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court of record of this state shall be deemed a legal notice or advertisement and provided that the

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requirement may be satisfied by posting of said notice or advertisement on an authorized website,

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as defined in the rules and regulations promulgated in accordance with section 9-34-7 of this

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chapter.

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     9-34-3. Required electronic posting. – Posting of said notice or advertisement on the

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secretary of state’s website pursuant to section 42-46-6 is not sufficient to meet the requirement

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for the alternative means of notice or advertisement.

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     9-34-4. Disclosure. – Whenever a notice or requirement is posted using alternative means

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of notice or advertisement, the party required to post the notice or advertisement will include in

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the original hard copy of the notice or advertisement a statement of disclosure, clearly identified

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in print, of the authorized website utilized for the notice or advertisement.

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     9-34-5. 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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     9-34-6. Burden of proof. – In all actions brought under this chapter, the burden shall be

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on the party required to provide notice or advertisement to demonstrate notice or advertisement

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was sufficient pursuant to the rules and regulations set forth by the department.

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     9-34-7. 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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     9-34-8. 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 subjected to the requirements of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01442

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

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     This act would create a new chapter entitled Alternative Publication of Legal Notices Act

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which would allow any notice or other written matter required to be published in a newspaper of

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general circulation by any law of this state or by order of any court of record to be deemed a legal

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notice or advertisement and provided further that the requirement may be satisfied by posting of

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said notice or advertisement on an authorized website.

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     This act would take effect upon passage.

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LC01442

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