2025 -- S 0956

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ATTORNEY

GENERAL

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: April 04, 2025

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

is hereby amended by adding thereto the following section:

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

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

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

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

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

require.

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

and antitrust enforcement, health care regulation and access, environmental protection and energy

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

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

assigned to the bureau:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

more than one person.

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

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

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

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

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

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

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

proper.

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

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

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

the rules set forth in § 6-13.1-7. Such authorization may precede any application made pursuant to

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

attorney general under this section.

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

in §6-13.1-4.

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

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

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

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

pursuant to this section;

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

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,

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

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

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

department of the attorney general deems noteworthy.

     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

***

     This act would establish a bureau of public protection within the department of attorney

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

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

governmental activity.

     This act would take effect upon passage.

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