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

     

     Introduced By: Representative Stephen M. Casey

     Date Introduced: February 27, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-1-18 of the General Laws in Chapter 9-1 entitled "Causes of

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Action" is hereby amended to read as follows:

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     9-1-18. Effect of absence from state on limitations.

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     (a) If any person against whom there is or shall be cause for any action, as enumerated in

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this chapter, in favor of a resident of the state, shall at the time the cause accrues be outside the

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limits of the state, or being within the state at the time the cause accrues shall go out of the state

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before the action is barred by the provisions of this chapter, and does not have or leave property or

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estate in the state that can be attached by process of law, then the person entitled to the action may

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commence the action, within the time before limited, after the person has returned into the state in

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such a manner that an action may, with reasonable diligence, be commenced against him or her by

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the person entitled to the action; provided, however, that no action shall be brought by any person

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upon a cause of action accruing outside this state which was barred by limitation or otherwise in

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the state, territory, or country in which the cause of action arose while he or she resided in the state.

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     (b)(1) Notwithstanding any other provision of law, if any person or entity, including an

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individual or sole proprietor required to file under § 6-1-1, is required to register with the secretary

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of state under title 7 ("corporations, associations, and partnerships") or § 6-1-1 and fails to do so,

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the statute of limitations for any cause of action arising out of the business activities of that person

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or entity shall be tolled regardless of whether that person or entity maintains a physical presence in

 

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this state as defined in § 7-1.2-1401 (b), and shall not begin to run until the date the person or entity

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becomes duly registered or authorized to transact business in this state.

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     (2) Voluntary compliance incentive. If the person or entity becomes duly registered or

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authorized to transact business in this state before the earlier of:

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     (i) Receipt of written notice asserting a claim arising out of such business activities; or

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     (ii) Receipt of written notice from any state agency of a compliance inquiry or enforcement

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action relating to such registration obligation, then the applicable statute of limitations for any such

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cause of action shall begin to run on the date of such registration or authorization; provided,

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however, that any such action shall be commenced within three (3) years after the date of such

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registration or authorization, or within the otherwise applicable limitations period measured from

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the date the cause of action accrued, whichever is later.

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     (3) For purposes of this subsection:

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     (i) "Person" has the same meaning as provided in § 6-1-1.1 and includes a natural person

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acting as a sole proprietor who is required to file under § 6-1-1.

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     (ii) "Written notice" includes notice delivered by electronic mail.

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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 COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

CAUSES OF ACTION

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     This act would toll the statute of limitations for causes of action arising out of business

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activities conducted in this state by a person or entity required to register with the secretary of state

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under title 7 ("corporations, associations, and partnerships") or § 6-1-1 but failing to do so, until

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such person or entity becomes duly registered or authorized to transact business in this state. This

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act would further provide a voluntary compliance incentive that starts the limitations period upon

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registration when the person or entity registers before written notice of a claim or enforcement

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inquiry, thereby encouraging compliance while preserving remedies for injured consumers and

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businesses.

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     This act would take effect upon passage.

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