2024 -- S 2935

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LC005819

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ATTORNEY

GENERAL

     

     Introduced By: Senator Dawn M. Euer

     Date Introduced: March 28, 2024

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-9 of the General Laws entitled "Department of Attorney General"

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is hereby amended by adding thereto the following section:

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     42-9-20. Authority as chief law enforcement officer.

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     (a) As used in this section:

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     (1) "Fraud" or "fraudulent" means any device, scheme or artifice to defraud and any

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deception, misrepresentation, concealment, suppression, false pretense, false promise or

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unconscionable contractual provisions.

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     (2) "Persistent fraud" or "illegality" means continuance or carrying on of any fraudulent or

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illegal act or conduct.

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     (3) "Repeated" means repetition of any separate and distinct fraudulent or illegal act or

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conduct which affects more than one person.

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     (b) Whenever any person shall engage in repeated fraudulent or illegal acts, or otherwise

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demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business

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or governmental activity, the attorney general may apply, in the name of the people of the State of

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Rhode Island, to the superior court of the State of Rhode Island, for an order enjoining the

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continuance of such fraudulent or illegal acts, and directing restitution, damages, and penalties as

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set forth in § 6-13.1-8, and, in an appropriate case, cancelling any certificate filed under and by

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virtue of the provisions of § 7-1.2-201 and the court may award the relief applied for or so much

 

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thereof as it may deem proper.

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     (c) In connection with any such application, the attorney general is authorized to take proof

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and make a determination of the relevant facts and to issue civil investigative demands to any

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person as defined in §§ 6-13.1-1 or 43-3-6, and in accordance with and subject to the limitations of

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the rules set forth in § 6-13.1-7. Such authorization may precede any such application and shall not

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abate or terminate by reason of any action or proceeding brought by the attorney general under this

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section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ATTORNEY

GENERAL

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     This act would allow the attorney general to investigate and bring an enforcement action

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against persistent fraud or illegality in the carrying on, conducting, or transaction of business or

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governmental activity.

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     This act would take effect upon passage.

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