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 | |
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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: | |
1 | SECTION 1. Chapter 42-9 of the General Laws entitled "Department of Attorney General" |
2 | is hereby amended by adding thereto the following section: |
3 | 42-9-20. Authority as chief law enforcement officer. |
4 | (a) As used in this section: |
5 | (1) "Fraud" or "fraudulent" means any device, scheme or artifice to defraud and any |
6 | deception, misrepresentation, concealment, suppression, false pretense, false promise or |
7 | unconscionable contractual provisions. |
8 | (2) "Persistent fraud" or "illegality" means continuance or carrying on of any fraudulent or |
9 | illegal act or conduct. |
10 | (3) "Repeated" means repetition of any separate and distinct fraudulent or illegal act or |
11 | conduct which affects more than one person. |
12 | (b) Whenever any person shall engage in repeated fraudulent or illegal acts, or otherwise |
13 | demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business |
14 | or governmental activity, the attorney general may apply, in the name of the people of the State of |
15 | Rhode Island, to the superior court of the State of Rhode Island, for an order enjoining the |
16 | continuance of such fraudulent or illegal acts, and directing restitution, damages, and penalties as |
17 | set forth in § 6-13.1-8, and, in an appropriate case, cancelling any certificate filed under and by |
18 | 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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1 | thereof as it may deem proper. |
2 | (c) In connection with any such application, the attorney general is authorized to take proof |
3 | and make a determination of the relevant facts and to issue civil investigative demands to any |
4 | person as defined in §§ 6-13.1-1 or 43-3-6, and in accordance with and subject to the limitations of |
5 | the rules set forth in § 6-13.1-7. Such authorization may precede any such application and shall not |
6 | abate or terminate by reason of any action or proceeding brought by the attorney general under this |
7 | section. |
8 | 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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1 | This act would allow the attorney general to investigate and bring an enforcement action |
2 | against persistent fraud or illegality in the carrying on, conducting, or transaction of business or |
3 | governmental activity. |
4 | This act would take effect upon passage. |
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