2026 -- H 8051 | |
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LC005383 | |
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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 COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- | |
CAUSES OF ACTION | |
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Introduced By: Representative Stephen M. Casey | |
Date Introduced: February 27, 2026 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-1-18 of the General Laws in Chapter 9-1 entitled "Causes of |
2 | Action" is hereby amended to read as follows: |
3 | 9-1-18. Effect of absence from state on limitations. |
4 | (a) If any person against whom there is or shall be cause for any action, as enumerated in |
5 | this chapter, in favor of a resident of the state, shall at the time the cause accrues be outside the |
6 | limits of the state, or being within the state at the time the cause accrues shall go out of the state |
7 | before the action is barred by the provisions of this chapter, and does not have or leave property or |
8 | estate in the state that can be attached by process of law, then the person entitled to the action may |
9 | commence the action, within the time before limited, after the person has returned into the state in |
10 | such a manner that an action may, with reasonable diligence, be commenced against him or her by |
11 | the person entitled to the action; provided, however, that no action shall be brought by any person |
12 | upon a cause of action accruing outside this state which was barred by limitation or otherwise in |
13 | the state, territory, or country in which the cause of action arose while he or she resided in the state. |
14 | (b)(1) Notwithstanding any other provision of law, if any person or entity, including an |
15 | individual or sole proprietor required to file under § 6-1-1, is required to register with the secretary |
16 | of state under title 7 ("corporations, associations, and partnerships") or § 6-1-1 and fails to do so, |
17 | the statute of limitations for any cause of action arising out of the business activities of that person |
18 | or entity shall be tolled regardless of whether that person or entity maintains a physical presence in |
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1 | this state as defined in § 7-1.2-1401 (b), and shall not begin to run until the date the person or entity |
2 | becomes duly registered or authorized to transact business in this state. |
3 | (2) Voluntary compliance incentive. If the person or entity becomes duly registered or |
4 | authorized to transact business in this state before the earlier of: |
5 | (i) Receipt of written notice asserting a claim arising out of such business activities; or |
6 | (ii) Receipt of written notice from any state agency of a compliance inquiry or enforcement |
7 | action relating to such registration obligation, then the applicable statute of limitations for any such |
8 | cause of action shall begin to run on the date of such registration or authorization; provided, |
9 | however, that any such action shall be commenced within three (3) years after the date of such |
10 | registration or authorization, or within the otherwise applicable limitations period measured from |
11 | the date the cause of action accrued, whichever is later. |
12 | (3) For purposes of this subsection: |
13 | (i) "Person" has the same meaning as provided in § 6-1-1.1 and includes a natural person |
14 | acting as a sole proprietor who is required to file under § 6-1-1. |
15 | (ii) "Written notice" includes notice delivered by electronic mail. |
16 | SECTION 2. This act shall take effect upon passage. |
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LC005383 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- | |
CAUSES OF ACTION | |
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1 | This act would toll the statute of limitations for causes of action arising out of business |
2 | activities conducted in this state by a person or entity required to register with the secretary of state |
3 | under title 7 ("corporations, associations, and partnerships") or § 6-1-1 but failing to do so, until |
4 | such person or entity becomes duly registered or authorized to transact business in this state. This |
5 | act would further provide a voluntary compliance incentive that starts the limitations period upon |
6 | registration when the person or entity registers before written notice of a claim or enforcement |
7 | inquiry, thereby encouraging compliance while preserving remedies for injured consumers and |
8 | businesses. |
9 | This act would take effect upon passage. |
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LC005383 | |
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