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H 7993Public Services

State Affairs and Government - Department of Attorney General

Establishes a Bureau of Public Protection in the Attorney General's office to investigate and prosecute repeated illegal business and government acts.

Held for study
Population
Affected
72
Introduced Feb 27, 2026Committee House State Government & Elections

Plain-English Summary

This bill establishes a "Bureau of Public Protection" within the Rhode Island Attorney General's office. This new bureau consolidates several existing advocate roles, including those for consumer protection, healthcare, the environment, and civil rights. The legislation grants the Attorney General specific authority to take legal action against businesses or government bodies that engage in repeated illegal acts or persistent illegal conduct. The Attorney General can seek court orders to stop these activities, demand financial restitution, and investigate facts. An annual report on the bureau's activities must be submitted to state leaders.

For younger readers

This law helps the state's top lawyer, called the Attorney General, protect people better. It creates a special team to watch out for things like unfair rules, pollution, and people being treated badly. If a business or a government group keeps breaking the rules over and over again, this team can go to a judge to make them stop. They can also make the rule-breakers pay money to fix what they did. The Attorney General has to write a report every year to tell the state leaders how the team is doing.

Who & Where It Applies

Impacted groups
Attorney General's OfficeBusiness OwnersConsumersGovernment AgenciesRegulated Industries
Impacted communities
All

Constitutional & Fiscal Check

Moderate risk

Low to Moderate. The bill grants broad investigative powers and defines "persistent illegality" somewhat broadly, which could raise due process concerns regarding fair notice of prohibited conduct. However, similar "parens patriae" statutes exist in other states (e.g., New York) and have generally been upheld. The power to dissolve corporations (cancel certificates) is severe, but the requirement for judicial review in Superior Court mitigates procedural due process risks.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Establishes a dedicated Bureau of Public Protection with specific units for civil rights and environmental protection, strengthening the state's ability to fight systemic injustice and climate change.
  • Empowers the Attorney General to take legal action against government activities that demonstrate persistent illegality, providing a mechanism to hold state institutions accountable for misconduct.
  • Enhances consumer protection by allowing the state to seek restitution and damages for repeated illegal acts by businesses, directly helping victims of corporate greed.
  • Explicitly exempts entities subject to Section 6-13.1-4, which typically includes heavily regulated industries like banks and utilities, potentially shielding major corporate offenders from this specific oversight.
  • Consolidates various independent advocate roles under one bureau, which could potentially dilute the focus and resources available for specific issues like lead poisoning or healthcare access.
  • Relies on existing federal and state civil laws to define "illegal" conduct, meaning the bureau cannot address harmful systemic behaviors that technically remain legal under current statutes.
For Conservatives
  • Includes specific exemptions for businesses already subject to other regulatory bodies, preventing double-regulation and protecting established industries from redundant government interference.
  • Mandates an annual report to the legislature regarding investigations and outcomes, ensuring some level of transparency and oversight regarding how the Attorney General uses these powers.
  • Explicitly prohibits the use of this authority to enforce criminal laws, preventing the Attorney General from bypassing standard criminal justice procedures and due process protections.
  • Significantly expands the size and power of the administrative state by creating a new bureau with broad authority to investigate and harass private businesses.
  • Grants the Attorney General the power to cancel a business's certificate of incorporation, effectively giving the government the power to shut down companies based on civil disputes.
  • Uses vague terms like "persistent illegality" which could be weaponized by a politically motivated Attorney General to target conservative businesses or organizations for minor infractions.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 58 additions

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, healthcare 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) Healthcare 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.

(3) "Illegal" means conduct that is prohibited by federal or state civil law, subject to the limitations set forth in this section

(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. The authority provided for in this section shall not be used to enforce violations of or conduct investigations regarding any criminal laws.

(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;

(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.