2026 -- H 7993

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LC005623

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ATTORNEY

GENERAL

     

     Introduced By: Representatives Morales, Stewart, Cotter, Potter, Sanchez, Giraldo, Cruz,
and Tanzi

     Date Introduced: February 27, 2026

     Referred To: House State Government & Elections

     (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) There shall be within the department of the attorney general a bureau of public

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protection ("bureau"). The attorney general shall designate an assistant attorney general to lead said

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bureau. The attorney general shall appoint such special assistant attorneys general, assistant

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attorneys general, experts, consultants, clerical and other assistants as the work of the bureau may

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require.

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     (1) The bureau shall be made up of at least four (4) units dedicated to consumer protection

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and antitrust enforcement, healthcare regulation and access, environmental protection and energy

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regulation, and the protection of civil rights. Additional units within the bureau may be established

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at the direction of the attorney general. The following statutory positions and authorities shall be

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assigned to the bureau:

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     (i) Healthcare advocate, pursuant to chapter 9.1 of title 42;

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     (ii) Insurance advocate, pursuant to chapter 36 of title 27;

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     (iii) Civil rights advocate, pursuant to chapter 9.3 of title 42;

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     (iv) Lead advocate, pursuant to § 23-24.6-23;

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     (v) Environmental advocate, pursuant to § 10-20-3; and

 

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     (vi) Antitrust division, pursuant to § 6-36-14.

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     (2) In addition to other responsibilities, duties, and powers of the attorney general as set

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forth in the general laws and pursuant to the common law of the State of Rhode Island, and subject

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to the approval of the attorney general, any assistant attorney general or special assistant attorney

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general within the bureau is authorized to apply on behalf of the attorney general, and in the name

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of the people of the State of Rhode Island, for relief pursuant to this section, in accordance with

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applicable court rules, the general laws, and the constitution.

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     (b) For the purposes of this section, the terms:

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     (1) "Persistent illegality" means an ongoing or continuing course of illegal conduct.

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     (2) "Repeated illegal acts" means more than one illegal act or an illegal act which affects

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more than one person.

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     (3) "Illegal" means conduct that is prohibited by federal or state civil law, subject to the

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limitations set forth in this section

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     (c) Whenever any person shall engage in repeated illegal acts, or otherwise demonstrates

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

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activity, the attorney general may apply, in the name of the people of the State of Rhode Island, to

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the superior court of the State of Rhode Island, for an order to protect the public through the

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enjoining of the continuance of such illegal acts, and directing restitution, damages, and penalties

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as set forth in § 6-13.1-8 and, in an appropriate case, cancelling any certificate filed with the

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secretary of state, and the court may award the relief applied for or so much thereof as it may deem

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proper. The authority provided for in this section shall not be used to enforce violations of or

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conduct investigations regarding any criminal laws.

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     (d) 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 application made pursuant to

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this section and shall not abate or terminate by reason of any action or proceeding brought by the

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attorney general under this section.

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     (e) This section does not apply to entities or individuals subject to the exemptions set forth

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in §6-13.1-4.

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     (f)(1) The department of the attorney general shall annually prepare and submit a report to

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the speaker of the house and the president of the senate on or before April 1 of each year.

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     (2) The annual report shall contain the following categories:

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     (i) The number of investigations conducted by the department of the attorney general

 

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pursuant to this section;

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     (ii) The number of applications made by the department of the attorney general to the

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superior court pursuant to this section;

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     (iii) The outcome of such applications to the superior court including, but not limited to,

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injunctions obtained, restitution granted, amount of damages awarded, amount of civil penalties

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imposed, and the number of denials of the applications submitted; and

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     (iv) The usefulness of this section, recommendations and any other information the

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department of the attorney general deems noteworthy.

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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 establish a bureau of public protection within the department of attorney

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general. The act would also allow the attorney general to investigate and bring an enforcement

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action against persistent 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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