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S 3104Ethics & Transparency

State Affairs and Government - Department of Attorney General

This bill creates a specialized Bureau within the Attorney General's office to investigate and stop persistent illegal acts by businesses or government entities.

Held for study
Population
Affected
75
Email Legislator
Introduced Mar 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation establishes a "Bureau of Public Protection" within the Rhode Island Attorney General's office. This new Bureau consolidates several existing advocacy roles, including consumer protection, antitrust, healthcare, environmental, and civil rights units. The bill grants the Attorney General specific powers to investigate and take legal action against any person, business, or government entity engaging in "persistent illegality" or "repeated illegal acts." The Attorney General can seek court orders to stop such activities, demand restitution, and impose penalties. It also requires the Department to submit an annual report to the legislature regarding these investigations and their outcomes.

For younger readers

This bill helps the Attorney General, who is the top lawyer for the state, protect people better. It creates a special team called the Bureau of Public Protection. This team will watch out for bad behavior like pollution, unfair business rules, and people being treated poorly. If a company or even a government group keeps breaking the rules over and over, this new team can go to a judge to make them stop. They can also make the rule-breakers pay to fix the problems. The Attorney General must write a report every year to tell the state how the team is doing.

Who & Where It Applies

Impacted groups
Business OwnersGovernment AgenciesHealthcare ProvidersInsurance CompaniesConsumers
Impacted communities
All

Constitutional & Fiscal Check

Moderate risk

Low to Moderate. The bill grants broad investigatory powers (civil investigative demands) and the ability to define "persistent illegality." While states generally have broad police powers to regulate business, the inclusion of "governmental activity" could raise separation of powers issues if the AG sues other executive branches. Additionally, vague applications of "illegal acts" could face Due Process challenges if the AG targets entities arbitrarily. However, judicial oversight is required for injunctions, mitigating most constitutional risks.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Centralizes and strengthens the state's ability to enforce civil rights and environmental protections by creating dedicated units within the Attorney General's office with subpoena power.
  • Explicitly authorizes the Attorney General to take action against "governmental activity," providing a mechanism to hold state and local agencies accountable for systemic illegalities or civil rights violations.
  • Enhances consumer protection by allowing the state to seek restitution and damages for the public when businesses engage in repeated illegal acts, directly benefiting victims of corporate misconduct.
  • The broad discretion granted to the Attorney General relies heavily on the individual holding the office, meaning a less progressive Attorney General could choose not to utilize these tools for social justice.
  • The bill maintains existing exemptions found in state law (Section 6-13.1-4), which may continue to shield certain regulated industries from this enhanced oversight.
  • While it allows for penalties, it does not explicitly mandate that funds recovered be reinvested into the communities most harmed by the illegal acts, potentially directing money into the general treasury instead.
For Conservatives
  • Empowers the Attorney General to investigate and sue government entities for illegal acts, potentially serving as a check on bureaucratic overreach and administrative corruption.
  • Codifies a strict definition of "illegal" based on existing federal and state civil law, reinforcing the importance of the rule of law rather than creating new, arbitrary standards.
  • Mandates an annual report to the legislature, ensuring transparency regarding how the Attorney General is using these resources and powers.
  • Significantly expands the size and power of the administrative state by creating a new permanent bureaucracy with broad investigative powers over private businesses.
  • Grants the government the power to cancel a business's certificate (essentially the right to exist) based on "persistent illegality," which could be weaponized against politically disfavored industries.
  • The definition of "repeated illegal acts" is broad enough that it could subject businesses to costly litigation and state harassment for minor or technical civil 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.