H 7287Ethics & Transparency

State Affairs and Government - Department of Attorney General

This bill limits the Attorney General's powers to written laws and requires lawsuit settlement funds be deposited into the general fund.

Held for study

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Affected

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Introduced Jan 23, 2026Committee House Judiciary

Plain-English Summary

This legislation modifies the powers and financial procedures of the Rhode Island Attorney General's office. It explicitly limits the Attorney General and their assistants to exercising only those powers and duties prescribed by general and public laws. Furthermore, the bill mandates that all settlement proceeds from non-multi-state initiatives must be deposited into the state's general fund. It prohibits the Attorney General from directing or appropriating settlement funds to any third party without express authorization from the General Assembly, effectively removing the discretion to distribute settlement monies to specific organizations or causes independently.

For younger readers

This bill changes the rules for the state's top lawyer, known as the Attorney General. First, it says that the Attorney General can only do the specific jobs written down in the state's law books; they cannot make up their own powers. Second, if the state wins money in a lawsuit, that money must go directly into the state's main bank account, called the general fund. The Attorney General cannot decide to give that money to other groups or people on their own; the state lawmakers must give permission first.

Who & Where It Applies

Impacted groups

Department of Attorney GeneralGeneral AssemblyNon-profit organizationsState TaxpayersLegal Defendants

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Ensures that funds recovered by the state are allocated through the democratic legislative process, allowing elected representatives to decide how money is spent rather than a single official.
Increases transparency regarding state revenues, preventing the creation of opaque spending channels that operate outside of the public budget.
Prevents the potential misuse of settlement funds for political patronage or projects that have not been vetted by the community's elected representatives.
Eliminates the Attorney General's ability to direct settlement funds immediately to non-profits or community organizations that help victims of corporate harm (such as environmental cleanup or opioid addiction services).
Limits the "common law" powers of the Attorney General, which may hinder their ability to creatively and aggressively pursue social justice or consumer protection cases not explicitly detailed in current statutes.
Subjecting all settlements to the General Assembly could delay urgent funding needed for public health or social safety net programs due to legislative gridlock.

For Conservatives

Strictly limits the power of the Attorney General to statutory authority, preventing executive overreach and the expansion of government power through litigation.
Asserts the legislature's "power of the purse" by requiring all funds to go to the General Fund, ensuring fiscal discipline and preventing the executive branch from bypassing the budget process.
Prevents the use of settlement funds as "slush funds" to support politically favored third-party groups or activist organizations without taxpayer consent.
If a conservative Attorney General is in office, this bill restricts their ability to unilaterally direct funds toward conservative causes or initiatives without interference from a potentially opposing legislature.
By consolidating all funds into the General Fund, it potentially provides more revenue for the General Assembly to appropriate toward large government programs that conservatives might oppose.
The requirement for legislative approval on settlement distribution could add bureaucratic red tape, potentially slowing down the final resolution of lawsuits involving businesses.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 10 additions

SECTION 1. Sections 42-9-2 and 42-9-19.1 of the General Laws in Chapter 42-9 entitled "Department of Attorney General" are hereby amended to read as follows: 42-9-2. Powers and duties of department — Division of juvenile prosecution established.

(a) The attorney general, the assistant attorneys general, and those special assistant attorneys general who have been designated by the attorney general, shall exercise the powers and duties prescribed in and shall enforce the provisions of this chapter and of §§ 12-1-4 — 12-1-12, and in all other provisions of the general laws and public laws insofar as they relate to the powers and duties of the attorney general. The attorney general shall file notice with the secretary of state and the clerk of the superior court. The attorney general, assistant attorneys general, and those special assistant attorneys general shall only have, and be limited by, the powers and duties prescribed to them by the general and public laws.

(b) There shall be established within the department of attorney general a division of juvenile prosecution which shall prosecute all delinquency petitions based on the commission of any offense which if committed by an adult would constitute a capital offense, all delinquency petitions based on the commission of an offense which if committed by an adult would constitute the offense of assault with intent to commit a capital offense, all delinquency petitions based upon the commission of an offense which if committed by an adult would constitute the offense of manslaughter, and all assault offenses which if committed by an adult would constitute a felony. The division of juvenile prosecution shall also have jurisdiction to file petitions pursuant to §§ 14- 1-7 and 14-1-7.1. 42-9-19.1. Acceptance of settlements — Non-multi-state initiatives — Attorney general settlement restricted account.

(a) There is hereby established a restricted receipt account within the department of attorney general entitled “attorney general non-multi-state initiative restricted-receipt account.” Funds consisting of attorneys’ fees previously recovered pursuant to the Distributors — Rhode Island Settlement Agreement resolving opioid-related claims against McKesson Corporation, Cardinal Health, Inc., and/or AmerisourceBergen Corporation in the case State of Rhode Island v. Purdue Pharma L.P. et al., CA No. PC-2018-4455, shall be deposited into this restricted receipt account.

(b) The following funds shall also be deposited into this restricted receipt account:

(1) All future attorneys’ fees recovered from the case referenced in subsection (a) of this section; and

(2) Twenty percent (20%) of attorneys’ fees recovered in other non-multi-state initiatives.

(d) Expenditures from this restricted receipt account shall be subject to the annual appropriation process and approval by the general assembly.

(e) All settlement proceeds from non-multi-state initiatives, except those deposited in this restricted receipt account pursuant to this section, shall be deposited into the general fund. No settlement proceeds shall be directed or appropriated to any party without the express authorization of the general assembly.

SECTION 2. This act shall take effect upon passage.