Title 43 — Statutes and Statutory Construction

Chapter 43-1 Action by Governor

§ 43-1-1 “Measure” defined.

The term “measure,” wherever used in this chapter, means any bill, resolution, or vote, except those as relate to adjournment, the organization, or conduct of either or both houses of the general assembly, and resolutions proposing amendments to the Constitution, which shall have passed both houses.

History of Section. P.L. 1910, ch. 535, § 1; G.L. 1923, ch. 27, § 1; G.L. 1938, ch. 308, § 1; G.L. 1956, § 43-1-1.

§ 43-1-2 Transmission of measures from governor to secretary of state.

Any measure not returned by the governor to the house in which it originated shall be transmitted by the governor to the secretary of state. Any measure approved and signed by the governor shall be transmitted as soon as signed, and any measure not signed by him or her shall be transmitted upon the expiration of the sixth day, Sundays excepted, after the measure has been presented to him or her, if the general assembly is in session, or if the general assembly has adjourned, then upon the expiration of the tenth day after the adjournment.

History of Section. P.L. 1910, ch. 535, § 2; G.L. 1923, ch. 27, § 2; G.L. 1938, ch. 308, § 2; G.L. 1956, § 43-1-2.

§ 43-1-3 Notice to originating house of receipt of measure by secretary of state.

Whenever the secretary of state receives from the governor, while the general assembly is in session, any measure transmitted in accordance with the provisions of § 43-1-2, he or she, at the next daily session of the house in which the measure originated, shall notify the presiding officer of the originating house that the measure has been received, and shall state the full title of the measure and whether or not the governor has signed it.

History of Section. P.L. 1910, ch. 535, § 3; G.L. 1923, ch. 27, § 3; G.L. 1938, ch. 308, § 3; G.L. 1956, § 43-1-3.

§ 43-1-4 Return of disapproved measures to originating house.

Whenever the governor returns to either house any measure, which he or she does not approve, he or she shall, if the house is in session, transmit the measure to the presiding officer. But if the house to which the measure is required by law to be returned has adjourned for the day, but not for the session, at the time the governor desires to make the return, then he or she shall deliver the measure, in the case of the senate, to the secretary or clerk, and, in the case of the house of representatives, to the reading or recording clerk. Delivery of the measure to any one of the officers shall constitute a delivery to the house of which he or she is an officer. Any officer receiving any measure shall certify thereon the day and hour of its receipt and shall, at the opening of the next daily session of the house of which he or she is an officer, deliver the measure to the presiding officer.

History of Section. P.L. 1910, ch. 535, § 4; G.L. 1923, ch. 27, § 4; G.L. 1938, ch. 308, § 4; G.L. 1956, § 43-1-4.

§ 43-1-5 Notice to general assembly of return of measure or receipt by secretary of state.

Whenever either house receives a notice from the secretary of state as required by § 43-1-3, or receives from the governor a measure returned with the governor’s objections to the measure, the presiding officer of the house shall immediately cause the house to be notified of the notice or the return of the measure, and shall order the notice, or the objections to the measure, as the case may be, entered upon the journal of the house, and the return of the measure and the receipt of the notice shall be communicated as soon as possible to the other house.

History of Section. P.L. 1910, ch. 535, § 5; G.L. 1923, ch. 27, § 5; G.L. 1938, ch. 308, § 5; G.L. 1956, § 43-1-5.

§ 43-1-6 Documents accompanying measures returned or transmitted to secretary of state.

The governor, in returning any measure to either house or transmitting any measure to the secretary of state, as required by this chapter, shall forward with the measure all papers and documents that accompanied it at the time it was originally presented to him or her.

History of Section. P.L. 1910, ch. 535, § 6; G.L. 1923, ch. 27, § 6; G.L. 1938, ch. 308, § 6; G.L. 1956, § 43-1-6.

Chapter 43-2 Publication and Distribution of Acts

§ 43-2-1 Numbering of public laws.

All acts of a public nature shall be numbered as chapters, continuously in the order of their passage commencing with the first act passed in the January session of each year and continuing to the end of the year.

History of Section. G.L. 1896, ch. 22, § 1; G.L. 1909, ch. 28, § 1; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 1; G.L. 1938, ch. 307, § 1; G.L. 1956, § 43-2-1.

§ 43-2-2 References to public laws amended or repealed.

Every act amending or repealing a public law shall, immediately preceding the public law to be amended or repealed, refer to the law by the number and name of the chapter containing the law amended or repealed, and to the year of its passage; provided, that any failure to include the reference shall not invalidate or otherwise render void the act.

History of Section. G.L. 1896, ch. 22, § 2; P.L. 1907, ch. 1459, § 5; G.L. 1909, ch. 28, § 2; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 2; G.L. 1938, ch. 307, § 2; G.L. 1956, § 43-2-2; P.L. 1970, ch. 2, § 1.

§ 43-2-2.1 Assignment of official section number of general laws.

When an act of a general and permanent nature passed by the general assembly becomes a law and is filed with the secretary of state, the law revision director of the joint committee on legislative services shall examine the act and, if as enacted it has not been assigned to sections of the general laws or if section numbers of the general laws have been improperly assigned, the law revision director of the joint committee on legislative services shall assign each section of the act, which is proper for incorporation in the general laws, an official section number of the general laws. Where necessary, sections may be combined or divided in the assignment of the numbers. The assigned official section numbers shall be entered upon the original bill, as enacted. Sections of the general laws shall be cited and referred to by the assigned official numbers and may be amended by reference thereto. The official section numbers of the general laws as assigned by the law revision director of the joint committee on legislative services shall be used in the publication of the public laws, and internal section references in any act shall be changed to correspond to the assigned official numbers.

History of Section. P.L. 1961, ch. 91, § 1; P.L. 1983, ch. 304, § 1; P.L. 1985, ch. 153, § 4.

§ 43-2-3 Deposit and safekeeping of original acts, resolutions, and proceedings.

The original acts, resolutions, and other proceedings of the general assembly shall be deposited and safely kept in the office of the department of state and shall not be removed from that office except upon the order of the general assembly or upon process issued by the supreme or superior court or by a justice of either of the courts.

History of Section. G.L. 1896, ch. 22, § 3; C.P.A. 1905, § 1085; G.L. 1909, ch. 28, § 3; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 3; G.L. 1938, ch. 307, § 3; G.L. 1956, § 43-2-3.

§ 43-2-4 Repealed.

[Repealed]

History of Section. G.L. 1896, ch. 22, § 4; G.L. 1909, ch. 28, § 4; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 4; G.L. 1938, ch. 307, § 4; P.L. 1956, ch. 3704, § 1; G.L. 1956, § 43-2-4; P.L. 1970, ch. 55, § 1; Repealed by P.L. 1972, ch. 201, § 3.

§ 43-2-5 Distribution of copies of proceedings.

The joint committee on legislative services shall, as soon as possible after publication of the public laws, acts of a local and private nature, and resolutions as provided in § 22-11-3.3, transmit bound copies to each of the following officers, libraries, or societies. The copies shall be transmitted by the recipients to their successors in office:

(1) One copy each to the governor, lieutenant governor, justices of the supreme, superior, family and district courts, general treasurer, state controller, the director of each state department, administrator of the division of public utilities and carriers, tax administrator, director of business regulation, the several town and city clerks, the several boards of canvassers and registration, the several probate courts where the clerk of the court is other than the city or town clerk, the several clerks or administrators of the supreme, superior, family and district courts, reporter of opinions of the supreme court, the several sheriffs, adjutant general, state judge advocate general, the division of occupational safety, the library of any accredited institution of higher education in the state of Rhode Island, Redwood Library and Athenaeum, the People’s Library, Newport, Providence Athenaeum, Providence Public Library, Pawtucket Free Public Library, any other incorporated library in the state or any library in the state receiving state aid that may apply for a copy, the social law library at Boston, Massachusetts, the New York Public Library, in New York, the library of the Worcester County Bar Association, Massachusetts, the library of the Johns Hopkins University, Maryland, the library at Cornell University, New York, the law schools at Cambridge and Boston in Massachusetts, at New York and at Albany in New York, at New Haven in Connecticut, the library of the University of West Virginia, in West Virginia, the bar library in Chicago, in Illinois, the library of the law school of Georgetown University in Washington, D.C., the state libraries of the several states, the senate committees on judiciary, finance and commerce, housing and municipal government, the house of representatives committees on judiciary, finance and corporations, the legislative council and the house of representatives finance committee advisory staff, each member of the general assembly, the associate justice of the Supreme Court of the United States assigned to the First Circuit, each district judge of the United States for the District of Rhode Island, the United States district attorney for the District of Rhode Island, the United States Marshal, the referee in bankruptcy for the District of Rhode Island, and the clerk of the United States District Court;

(2) Four (4) copies to the Secretary of State of the United States;

(3) Two (2) copies each to the state library, the state law library, the secretary of state, the attorney general, the public defender, the Legal Aid Society of Rhode Island, the Rhode Island Historical Society, the Newport Historical Society, and the Warden’s Court at New Shoreham.

(4) The secretary of state shall keep two (2) copies for the use of his or her office.

History of Section. G.L. 1896, ch. 22, §§ 5-7; P.L. 1901, ch. 832, § 1; C.P.A. 1905, §§ 1218, 1219; G.L. 1909, ch. 28, §§ 5-7; P.L. 1910, ch. 541, § 1; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 5; G.L. 1938, ch. 307, § 5; impl. am. P.L. 1939, ch. 660, § 65; P.L. 1944, ch. 1457, § 1; impl. am. P.L. 1951 (s.s.), ch. 2870, § 18; impl. am. P.L. 1952, ch. 2973, §§ 2, 4; impl. am. P.L. 1956, ch. 3742, par. 16; G.L. 1956, § 43-2-5; P.L. 1958, ch. 4, § 1; P.L. 1960, ch. 6, § 1; P.L. 2004, ch. 522, § 1; P.L. 2005, ch. 410, § 25; P.L. 2010, ch. 239, § 36.

§ 43-2-6 Repealed.

[Repealed]

History of Section. G.L. 1896, ch. 22, § 8; G.L. 1909, ch. 28, §§ 6, 8; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 6; G.L. 1938, ch. 307, § 6; P.L. 1944, ch. 1456, § 1; P.L. 1954, ch. 3279, § 1; G.L. 1956, § 43-2-6; Repealed by P.L. 1970, ch. 55, § 3.

§ 43-2-7 Distribution of public laws.

The secretary of state shall retain the residue of the bound and unbound copies of the public laws and of the proceedings of the general assembly in his or her office for sale at the actual cost, except as provided in this chapter.

History of Section. G.L. 1909, ch. 28, § 7; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 7; G.L. 1938, ch. 307, § 7; P.L. 1944, ch. 1456, § 1; G.L. 1956, § 43-2-7; P.L. 1970, ch. 55, § 4; 1971, ch. 166, § 1.

§ 43-2-8 Distribution of official documents by governor.

The governor may transmit to the executive departments of the several states, to the executive departments of the United States, to the senators and representatives in congress, to the agents of foreign countries in the United States authorized to make exchanges for the documents, to the libraries, and to the state officers, boards and commissions hereafter created by the general assembly for use in the performance of their duties, as he or she may think proper, copies of all acts, resolutions, reports and other documents published under the authority of this state or of any officer thereof. There shall also be reserved for the governor twenty (20) copies of all bound volumes of the acts, resolutions, reports, and other public documents published under authority of the state, during his or her term of office, to be distributed as he or she shall see fit, upon his or her order as governor.

History of Section. G.L. 1896, ch. 22, § 9; G.L. 1909, ch. 28, §§ 8, 9; P.L. 1921, ch. 2050, § 1; G.L. 1923, ch. 28, § 8; P.L. 1927, ch. 1007, § 1; G.L. 1938, ch. 307, § 8; G.L. 1956, § 43-2-8.

§ 43-2-9 Exchanges by secretary of state.

The secretary of state may in his or her discretion transmit copies of acts, resolutions and reports published by him or her to any state, territory, province, or country which extends a similar privilege to the state library and, upon recommendation of the state librarian, he or she shall send in exchange to a designated depository in the state, territory, province, or country, in accordance with the provisions of § 29-1-5 [repealed], copies of acts, resolutions and reports published by him or her. The secretary of state may also transmit to any official receiving publications, in accordance with § 43-2-5, copies of publications issued under authority of the state, and in his or her custody, to replace volumes, which have been mutilated or have become defective, upon receipt of the mutilated or defective volume in exchange.

History of Section. G.L. 1923, ch. 28, § 10; P.L. 1928, ch. 1170, § 1; G.L. 1938, ch. 307, § 10; G.L. 1956, § 43-2-9.

Chapter 43-3 Construction and Effect of Statutes

§ 43-3-1 English statutes as common law.

In all cases in which provision is not made herein, the English statutes, introduced before the Declaration of Independence, which have continued to be practiced under as in force in this state, shall be deemed and taken as a part of the common law of this state and remain in force until otherwise specially provided.

History of Section. G.L. 1896, ch. 297, § 3; G.L. 1909, ch. 366, § 3; G.L. 1923, ch. 419, § 3; G.L. 1938, ch. 306, § 1; G.L. 1956, § 43-3-1.

§ 43-3-2 Application of rules of construction.

In the construction of statutes the provisions of this chapter shall be observed, unless the observance of them would lead to a construction inconsistent with the manifest intent of the general assembly, or be repugnant to some other part of the statute.

History of Section. G.L. 1896, ch. 26, § 1; G.L. 1909, ch. 32, § 1; G.L. 1923, ch. 32, § 1; G.L. 1938, ch. 309, § 1; G.L. 1956, § 43-3-2.

§ 43-3-3 Gender of words.

Every word importing the masculine gender only may be construed to extend to and to include females as well as males.

History of Section. G.L. 1896, ch. 26, § 2; G.L. 1909, ch. 32, § 2; G.L. 1923, ch. 32, § 2; G.L. 1938, ch. 309, § 2; G.L. 1956, § 4-3-3.

§ 43-3-3.1 Gender of titles.

Whenever a title which denotes gender is applied to an individual, the title shall suit the gender of the individual. When the gender is unknown, all nouns and pronouns shall be sex inclusive; provided, that this section shall not be applied retroactively but shall be applied prospectively.

History of Section. P.L. 1981, ch. 278, § 1.

§ 43-3-3.2 Use of appropriate gender language.

When the secretary of state produces a document to instruct the public on the tenets or purpose of a statute, he or she is authorized and empowered to change the language to make the unofficial reproduction of the statute gender-neutral; provided, that the reproduction shall clearly indicate that it is a revised reproduction of a statute by printing the word “unofficial” on its face in bold-letter type.

History of Section. P.L. 1988, ch. 378, § 1.

§ 43-3-4 Singular and plural.

Every word importing the singular number only may be construed to extend to and to include the plural number also, and every word importing the plural number only may be construed to extend to and to embrace the singular number also.

History of Section. G.L. 1896, ch. 26, § 3; G.L. 1909, ch. 32, § 3; G.L. 1923, ch. 32, § 3; G.L. 1938, ch. 309, § 3; G.L. 1956, § 43-3-4.

§ 43-3-5 Joint authority exercised by majority.

All words purporting to give a joint authority to three (3) or more officers or persons shall be so construed as to give the authority to a majority of them.

History of Section. G.L. 1896, ch. 26, § 4; G.L. 1909, ch. 32, § 4; G.L. 1923, ch. 32, § 4; G.L. 1938, ch. 309, § 4; G.L. 1956, § 43-3-5.

§ 43-3-6 “Person” defined.

The word “person” may be construed to extend to and include co-partnerships and bodies corporate and politic.

History of Section. G.L. 1896, ch. 26, § 5; G.L. 1909, ch. 32, § 5; G.L. 1923, ch. 32, § 5; G.L. 1938, ch. 309, § 5; G.L. 1956, § 43-3-6.

§ 43-3-7 Repealed.

[Repealed]

History of Section. G.L. 1896, ch. 26, § 6; G.L. 1909, ch. 32, § 6; G.L. 1923, ch. 32, § 6; G.L. 1938, ch. 309, § 6; Repealed by P.L. 1996, ch. 287, § 1, effective August 6, 1996.

§ 43-3-7.1 Use of appropriate disability language.

(a) Whenever the terms “the handicapped,” “handicap person,” or “handicapped person” are used in the general laws, the law revision director shall, unless the director determines it could alter the intent of the statute, recommend that they be replaced with the words “persons with disabilities” or “person with a disability,” inclusive, and whenever the term “handicap” is used in the general laws, the law revision director shall, unless the director determines it could alter the intent of the statute, recommend that it be replaced with the word “disability.”

(b) Whenever the terms “developmental disability” or “developmental disabilities” or “mentally retarded” or “retarded” are used in the general laws, the law revision director shall, unless the director determines it could alter the intent of the statute, recommend that they be replaced with the words “intellectual and developmental disability” or “person with an intellectual and developmental disability,” if the context so requires.

(c) Whenever the terms “substance abuse” or “addict” are used in the general laws, the law revision director shall, unless the director determines it could alter the intent of the statute, recommend that they be replaced with the words “substance use disorder” or “person with a substance use disorder,” if the context so requires.

(d) Whenever an act, resolution, statute, regulation, guideline, directive, or other document of a governmental entity refers to people with disabilities, terms that stigmatize, like “the handicapped,” “the disabled,” “the blind,” “the deaf,” “the hearing impaired,” “cerebral palsied,” “paralytic,” “epileptic,” “confined to a wheelchair,” “wheelchair bound,” “lunatic,” “idiot,” “defective,” “deformed,” “victim,” “suffers from,” “mentally retarded,” “retarded,” “addict,” “substance abuser,” etc., shall not be used. Language that puts the “person first,” rather than the impairment or assistive device, such as “person with a disability,” “child who has mental illness,” “worker who is deaf,” “voter who uses a wheelchair,” “person who is hard-of-hearing,” shall be used.

History of Section. P.L. 1996, ch. 287, § 2; P.L. 1999, ch. 83, § 122; P.L. 1999, ch. 130, § 122; P.L. 2019, ch. 40, § 3; P.L. 2019, ch. 53, § 3.

§ 43-3-8 “United States” defined.

The words “United States” include the several states and the territories of the United States.

History of Section. G.L. 1896, ch. 26, § 7; G.L. 1909, ch. 32, § 7; G.L. 1923, ch. 32, § 7; G.L. 1938, ch. 309, § 7; G.L. 1956, § 43-3-8.

§ 43-3-9 Towns include cities.

The word “town” may be construed to include city; the words “town council” include city council; the words “town clerk” include city clerk; the words “ward clerk” include clerk of election district; the words “town treasurer” include city treasurer; and the words “town sergeant” include city sergeant.

History of Section. G.L. 1896, ch. 26, § 8; G.L. 1909, ch. 32, § 8; G.L. 1923, ch. 32, § 8; G.L. 1938, ch. 309, § 8; G.L. 1956, § 43-3-9.

§ 43-3-10 “Land” and “real estate” defined.

The word “land” or “lands,” and the words “real estate,” may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein.

History of Section. G.L. 1896, ch. 26, § 9; G.L. 1909, ch. 32, § 9; G.L. 1923, ch. 32, § 9; G.L. 1938, ch. 309, § 9; G.L. 1956, § 43-3-10.

§ 43-3-11 Oaths and affirmations.

The word “oath” includes affirmation; the word “sworn” includes affirmed; and the word “engaged” includes either sworn or affirmed.

History of Section. G.L. 1896, ch. 26, § 10; G.L. 1909, ch. 32, § 10; G.L. 1923, ch. 32, § 10; G.L. 1938, ch. 309, § 10; G.L. 1956, § 43-3-11.

§ 43-3-12 “Month” and “year” defined.

The words “month” and “year” mean a calendar month and year.

History of Section. G.L. 1896, ch. 26, § 11; G.L. 1909, ch. 32, § 11; G.L. 1923, ch. 32, § 11; G.L. 1938, ch. 309, § 11; G.L. 1956, § 43-3-12.

§ 43-3-13 Computation of time.

Whenever time is to be reckoned from any day, date, or act done, or the time of any act done, the day, date, or the day when the act is done shall not be included in the computation.

History of Section. G.L. 1896, ch. 26, § 12; G.L. 1909, ch. 32, § 12; G.L. 1923, ch. 32, § 12; G.L. 1938, ch. 309, § 12; G.L. 1956, § 43-3-13.

§ 43-3-14 “Warden” and “warden’s court” included.

The words “justice of the peace” include warden of the peace and the words “district court” include warden’s court.

History of Section. G.L. 1896, ch. 26, § 13; G.L. 1909, ch. 32, § 13; G.L. 1923, ch. 32, § 13; G.L. 1938, ch. 309, § 13; G.L. 1956, § 43-3-14.

§ 43-3-15 “Seal” defined.

Whenever a seal is required to be affixed to any paper, the word “seal” shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper.

History of Section. G.L. 1896, ch. 26, § 14; G.L. 1909, ch. 32, § 14; G.L. 1923, ch. 32, § 14; G.L. 1938, ch. 309, § 14; G.L. 1956, § 43-3-15.

§ 43-3-16 General definitions — Statutory references.

(a) The word “magistrate” may be construed to mean a justice, or a clerk acting as a justice, of a district court.

(b) The words “written” and “in writing” include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form.

(c) The words “preceding” and “following,” whenever used by way of reference to any chapter or section of the general laws, shall be construed to mean the chapter or section next preceding or next following; and whenever reference is made in the general laws to a title, chapter, or section without further description, the reference shall be construed to mean the designated title, chapter, or section of the general laws.

History of Section. G.L. 1896, ch. 26, § 20; G.L. 1909, ch. 32, § 20; G.L. 1923, ch. 32, § 20; G.L. 1938, ch. 309, § 20; G.L. 1956, § 43-3-16.

§ 43-3-17 “Rhode Island highway system” defined.

Wherever the words “state highway system”, “state highways”, “state roads”, or any other words referring to public roads occur in any general law, public law, act, or resolution of the general assembly, they shall be defined as found in chapter 8 of title 24, unless the context of the law, act, or resolution requires a different construction as may be deemed necessary by the director of transportation.

History of Section. G.L. 1923, ch. 32, § 24; P.L. 1927, ch. 1054, § 1; G.L. 1938, ch. 309, § 21; G.L. 1956, § 43-3-17; P.L. 1988, ch. 633, § 7.

§ 43-3-18 “Product of the farm” or “farm product” defined.

Whenever the words “product of the farm” or “farm product” are used, they shall be construed to include all agricultural, horticultural, vegetable, fruit, or other products of the soil, livestock products, poultry, eggs, dairy products, nuts, mushrooms, honey, and beeswax; provided, that this definition does not include forest products.

History of Section. G.L. 1923, ch. 32, § 25; P.L. 1929, ch. 1358, § 1; G.L. 1938, ch. 309, § 22; G.L. 1956, § 43-3-18.

§ 43-3-19 Registered and certified mail.

Wherever the term “registered mail” is used in the general or public laws of this state, or any amendment thereto, the term “registered or certified mail” shall be substituted therefor.

History of Section. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 43-3-19.

§ 43-3-20 Financial reports.

Wherever in any general law, public law, act, or resolution of the general assembly an officer, board, commission, state department, or agency is required to make a financial report of its receipts and disbursements or its requirements, the required report means a report to the state controller as required by chapter 6 of title 35; provided, that nothing in this section shall apply to the reports required to be made to the governor and to the general assembly by the state controller.

History of Section. G.L. 1923, ch. 32, § 26; P.L. 1931, ch. 1737, § 1; G.L. 1938, ch. 309, § 23; impl. am. P.L. 1939, ch. 660, § 65; G.L. 1956, § 43-3-20.

§ 43-3-21 Incorporation acts in evidence.

Every act of incorporation shall be so far deemed a public act that the act may be declared on and given in evidence without specially pleading it.

History of Section. G.L. 1896, ch. 26, § 15; G.L. 1909, ch. 32, § 15; G.L. 1923, ch. 32, § 15; G.L. 1938, ch. 309, § 15; G.L. 1956, § 43-3-21.

§ 43-3-22 Effect of repeal on prior rights and proceedings.

The repeal of any statute shall in no case affect any act done, any right accrued, acquired, or established, or any suit or proceeding had or commenced in any civil case before the time when the repeal takes effect.

History of Section. G.L. 1896, ch. 26, § 16; G.L. 1909, ch. 32, § 16; G.L. 1923, ch. 32, § 16; G.L. 1938, ch. 309, § 16; G.L. 1956, § 43-3-22.

§ 43-3-22.1 Enlargement of statutes of limitation — Effect on actions not yet expired.

Whenever any time limitation for the commencement of any cause of action is enlarged, the amendment shall be construed to enlarge to the new time limitation all of those causes of action which accrued within the new limitation of time.

History of Section. P.L. 1984, ch. 410, § 2.

§ 43-3-23 Effect of repeal on criminal prosecutions.

No suit, prosecution, or indictment pending at the time of the repeal of any statute for any offense committed or for the recovery of any fine, forfeiture, or penalty incurred under the statute so repealed shall in any case be affected by the repeal, but the suit, prosecution, or indictment may be proceeded with, and the act shall be deemed to be in force for the purpose of prosecuting the act to final judgment and execution or sentence, as the case may be.

History of Section. G.L. 1896, ch. 26, § 17; G.L. 1909, ch. 32, § 17; G.L. 1923, ch. 32, § 17; G.L. 1938, ch. 309, § 17; G.L. 1956, § 43-3-23.

§ 43-3-24 Repeal not reviving.

The repeal of any statute shall not be construed to revive any other statute which has been repealed.

History of Section. G.L. 1896, ch. 26, § 18; G.L. 1909, ch. 32, § 18; G.L. 1923, ch. 32, § 18; G.L. 1938, ch. 309, § 18; G.L. 1956, § 43-3-24.

§ 43-3-25 Effective date of statutes.

(a) Every statute enacted on or prior to July 1 in a calendar year, which does not expressly prescribe the time it shall go into operation, shall take effect on the first day of July of the calendar year of its enactment into law by the general assembly. Any bill enacted after July 1 in a calendar year, which does not expressly prescribe the time it shall go into operation, shall take effect on the date of passage of the bill.

(b) For any statute enacted which requires any new expenditure of money or any increased expenditure of money by a city or town which states that it shall take effect upon passage, the effective date shall be deemed to mean July 1st of the calendar year following the year of enactment unless a specific date of enactment is stated.

History of Section. G.L. 1896, ch. 26, § 19; G.L. 1909, ch. 32, § 19; G.L. 1923, ch. 32, § 19; G.L. 1938, ch. 309, § 19; G.L. 1956, § 43-3-25; P.L. 1985, ch. 99, § 1; P.L. 1993, ch. 349, § 1.

§ 43-3-26 Conflicting general and special provisions.

Wherever a general provision shall be in conflict with a special provision relating to the same or to a similar subject, the two (2) provisions shall be construed, if possible, so that effect may be given to both; and in those cases, if effect cannot be given to both, the special provision shall prevail and shall be construed as an exception to the general provision.

History of Section. G.L. 1896, ch. 26, § 23; G.L. 1909, ch. 32, § 21; G.L. 1923, ch. 32, § 21; G.L. 1938, ch. 309, § 24; G.L. 1956, § 43-3-26.

§ 43-3-27 Security interests.

“Pledge”, “mortgage”, “conditional sale”, “lien”, “assignment”, and like terms, when used in referring to a security interest in personal property, shall include a corresponding type of security interest under chapter 9 of title 6A.

History of Section. P.L. 1960, ch. 147, § 3.

§ 43-3-28 Proclamation of emergency.

Whenever it shall be determined by the governor that a time of emergency exists in the state brought about by the disruption and/or interruption of transportation, communications, or postal service, and that rights and obligations are adversely affected by the time of emergency, the governor may issue a proclamation which shall set forth the reason for the determination and which shall have the full force and effect of law when a copy is filed in the office of the secretary of state.

History of Section. P.L. 1970, ch. 36, § 1.

§ 43-3-29 Compliance of acts to be performed, authorized, or required following proclamation of emergency.

(a) Notwithstanding any general or public law to the contrary, upon the filing of the proclamation as provided in § 43-3-28, any act or thing to be done, performed, authorized, or required by a certain day or time, which because of the disruption and/or interruption cannot be done, performed, authorized, or required in the manner as authorized or required by law, contract, or otherwise, shall be deemed to have complied therewith if done, performed, authorized, or required, on or before the next business day following the determination by the governor as provided in § 43-3-30, and if any further act or thing may be required or authorized to be done, performed, authorized, or required, in consequence of or as a performance subsequent to the initial act or thing required to be done, performed, authorized, or required, the day or time for the further performance, which but for the emergency would have occurred during the period of emergency or later, shall be extended by the duration of the period of emergency to provide for a period of time commensurate with that contemplated had there not been interruption or disruption of service.

(b) Except where the use of postal service is the only means of communication agreed upon by the parties, it shall be the duty of every person to exercise other means of communication as may be reasonably available to him or her to mitigate the consequences resulting from the emergency so that the rights of all persons shall not be prejudiced.

History of Section. P.L. 1970, ch. 36, § 1.

§ 43-3-30 Termination of emergency.

When it shall be determined by the governor that the time of emergency referred to in § 43-3-28 has ceased, he or she shall by proclamation set forth the determination and cause a copy of the proclamation to be filed in the office of the secretary of state.

History of Section. P.L. 1970, ch. 36, § 1.

§ 43-3-31 Severability.

If any clause, section, paragraph, or other part of §§ 43-3-28, 43-3-29, and 43-3-30 or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of the sections or their application to other persons or circumstances.

History of Section. P.L. 1970, ch. 36, § 1.

§ 43-3-32 Construction of §§ 43-3-28 — 43-3-31.

The provisions of §§ 43-3-28 — 43-3-31 shall be liberally construed in order to effect their intent.

History of Section. P.L. 1970, ch. 36, § 1.

Chapter 43-4 Effect of General Laws

§ 43-4-1 — 43-4-1.14 Repealed.

[Repealed]

History of Section. P.L. 1968, ch. 142, §§ 2, 3; P.L. 1969, ch. 43, §§ 2, 3; P.L. 1970, ch. 73, § 1; P.L. 1976, ch. 209, §§ 2, 3; P.L. 1977, ch. 142, §§ 2, 3; P.L. 1979, ch. 39, §§ 2, 3; P.L. 1980, ch. 366, §§ 2, 3; P.L. 1981, ch. 300, §§ 2, 3; P.L. 1982, ch. 319, §§ 2, 3; P.L. 1984, ch. 81, §§ 2, 3; P.L. 1985, ch. 150, §§ 2, 3; P.L. 1986, ch. 198, §§ 2, 3; P.L. 1987, ch. 78, §§ 2, 3; P.L. 1988, ch. 84, §§ 2, 3; P.L. 1989, ch. 542, § 2; Repealed by P.L. 1995, ch. 323, § 3, effective July 5, 1995.

§ 43-4-2 Continuity of laws included.

So much of the statutes contained in this revision of 1956 as remain in substance the same as before the revision shall be deemed and taken to have continued in force from the time of their first enactment and as if this revision had not been made.

History of Section. G.L. 1896, ch. 297, § 2; G.L. 1909, ch. 366, § 2; G.L. 1923, ch. 419, § 2; G.L. 1938, ch. 657, § 2; G.L. 1956, § 43-4-2.

§ 43-4-3 Citation of general laws.

The statutes consolidated and arranged in this revision of 1956 may be designated in all citations thereof as the general laws, adding to the citation whenever necessary the number of the title, the chapter, and of the section; but such statutes shall be deemed as statutes of the year in which they were, respectively, originally enacted.

History of Section. G.L. 1896, ch. 297, § 4; G.L. 1909, ch. 366, § 4; G.L. 1923, ch. 419, § 4; G.L. 1938, ch. 657, § 3; G.L. 1956, § 43-4-3.

§ 43-4-4 — 43-4-6 Repealed.

[Repealed]

History of Section. P.L. 1968, ch. 142, §§ 4-6; P.L. 1969, ch. 43, §§ 4-6; P.L. 1976, ch. 209, §§ 4-6; P.L. 1977, ch. 142, §§ 4-6; P.L. 1979, ch. 39, §§ 4-6; P.L. 1980, ch. 366, §§ 4-6; P.L. 1981, ch. 300, §§ 4-6; P.L. 1982, ch. 319, §§ 4-6; P.L. 1984, ch. 81, § 2; P.L. 1985, ch. 150, § 2; P.L. 1986, ch. 198, § 2; P.L. 1987, ch. 78, § 2; P.L. 1988, ch. 84, § 2; P.L. 1989, ch. 542, § 2; Repealed by P.L. 1995, ch. 323, § 3, effective July 5, 1995.

§ 43-4-7 Existing rights and remedies unaffected by repeal.

The repeal of the acts referred to or enumerated in this chapter, shall not affect any acts done or any right accruing or accrued, acquired, or established, or any remedy for any injury thereto, or any suit or proceeding had or commenced in any civil case before the time when the repeal shall take effect, but the proceedings in every case shall be conformed, whenever necessary, to the provisions of the general laws.

History of Section. G.L. 1896, ch. 298, § 3; G.L. 1909, ch. 367, § 3; G.L. 1923, ch. 420, § 3; G.L. 1938, ch. 658, § 3; G.L. 1956, § 43-4-7.

§ 43-4-8 Effect of repeal on previous offenses.

No offense committed and no penalty or forfeiture incurred under any of the acts repealed by this chapter and before the time when the repeal shall take effect shall be affected by the repeal, except that whenever any punishment, penalty, or forfeiture shall be mitigated by the provisions of the general laws, the provisions may be extended and applied to any judgment to be pronounced after the repeal.

History of Section. G.L. 1896, ch. 298, § 4; G.L. 1909, ch. 367, § 4; G.L. 1923, ch. 420, § 4; G.L. 1938, ch. 658, § 4; G.L. 1956, § 43-4-8.

§ 43-4-9 Effect of repeal on pending proceedings.

No suit or prosecution pending at the time of the repeal, for any offense committed or for the recovery of any penalty or forfeiture incurred, under any of the acts repealed by this chapter, shall be affected by the repeal, except that the proceedings in the suit or prosecution shall be conformed whenever necessary to the provisions of the general laws.

History of Section. G.L. 1896, ch. 298, § 5; G.L. 1909, ch. 367, § 5; G.L. 1923, ch. 420, § 5; G.L. 1938, ch. 658, § 5; G.L. 1956, § 43-4-9.

§ 43-4-10 Terms of office continued.

All persons who, at the time when the repeal shall take effect, shall hold any office under the acts repealed by this chapter shall continue to hold the office under the tenure of the office, except those offices which are abolished and those as to which a different provision is made by the general laws.

History of Section. G.L. 1896, ch. 298, § 6; G.L. 1909, ch. 367, § 6; G.L. 1923, ch. 420, § 6; G.L. 1938, ch. 658, § 6; G.L. 1956, § 43-4-10.

§ 43-4-11 Previously repealed acts not revived.

No act, which has been previously repealed, shall be revived by the repeal contained in this chapter of any of the acts repealed by this chapter.

History of Section. G.L. 1896, ch. 298, § 7; G.L. 1909, ch. 367, § 7; G.L. 1923, ch. 420, § 7; G.L. 1938, ch. 658, § 7; G.L. 1956, § 43-4-11.

§ 43-4-12 Repeal of previously repealed acts not construction of continued effectiveness.

The repeal in this chapter of any statute or part of a statute previously repealed shall not be construed as a declaration or implication that the statute or part of a statute has been in force at any time subsequent to the first repeal.

History of Section. G.L. 1896, ch. 298, § 8; G.L. 1909, ch. 367, § 8; G.L. 1923, ch. 420, § 8; G.L. 1938, ch. 658, § 8; G.L. 1956, § 43-4-12.

§ 43-4-13 References in other statutes to laws repealed by this chapter.

Wherever any statute not repealed in the general laws refers to and adopts any statute or part of a statute which is repealed in the general laws or any provision or rule of law which is abrogated or modified by the general laws, the statute, part of a statute, provision, or rule of law so referred to and adopted shall not be deemed repealed by the provisions of this chapter but shall be in force only so far as the same shall have been so adopted, and for no other purpose, and so far only as is not repugnant to or inconsistent with the provisions of the general laws.

History of Section. G.L. 1896, ch. 298, § 9; G.L. 1909, ch. 367, § 9; G.L. 1923, ch. 420, § 9; G.L. 1938, ch. 658, § 9; G.L. 1956, § 43-4-13.

§ 43-4-14 Continuity of limitations and periods of time.

Whenever a limitation or period of time prescribed in any of the acts repealed by this chapter for the acquiring of any right or the barring of any remedy or for any other purpose shall have begun to run and the same or any similar limitation is prescribed in the general laws, the time of limitation shall continue to run and shall have the like effect as if the whole period had begun and ended under the operation of the general laws.

History of Section. G.L. 1896, ch. 298, § 10; G.L. 1909, ch. 367, § 10; G.L. 1923, ch. 420, § 10; G.L. 1938, ch. 658, § 10; G.L. 1956, § 43-4-14.

§ 43-4-15 — 43-4-17 Repealed.

[Repealed]

History of Section. P.L. 1958, ch. 205, § 1; P.L. 1968, ch. 142, § 7; P.L. 1969, ch. 43, § 7; P.L. 1970, ch. 73, § 1; P.L. 1976, ch. 209, § 7; P.L. 1977, ch. 142, § 7; P.L. 1979, ch. 39, § 7; P.L. 1980, ch. 366, § 7; P.L. 1981, ch. 300, § 7; P.L. 1982, ch. 319, § 7; P.L. 1984, ch. 81, § 3; P.L. 1985, ch. 150, § 3; P.L. 1986, ch. 198, § 3; P.L. 1987, ch. 78, § 3; P.L. 1988, ch. 84, § 3; P.L. 1989, ch. 542, § 3; P.L. 1990, ch. 492, § 2; P.L. 1991, ch. 354, § 2; P.L. 1992, ch. 324, § 2; P.L. 1993, ch. 422, § 2; P.L. 1994, ch. 14, § 2, ch. 134, § 2; Repealed by P.L. 1995, ch. 323, § 3, effective July 5, 1995.

§ 43-4-18 Enactment of supplemental reenactments by the law revision director.

(a) The office of law revision of the joint committee on legislative services is authorized to annually reenact specific titles of the general laws which shall be amendatory to the general laws of Rhode Island, 1956, as amended, for the purposes specified in § 22-11-3.4. Substantive changes contained in the reenactment of these titles shall be annually brought to the attention of the general assembly in a “Statutes and Statutory Construction” bill, prepared by the law revision office, for general assembly approval or disapproval.

(b) The reenacted sections of the general laws shall be construed as continuations of previously enacted public laws and all rights and remedies remain in effect as defined in this chapter.

(c) In case of any conflict between an act passed at an annual or special session of the general assembly and an amendment adopted as a part of a reenactment or the “Statutes and Statutory Construction” bill referred to in subsection (a) of this section, the former shall be controlling regardless of respective dates of passage or approval.

(d) The provisions in titles that have been amended and corrected as “reenactments” shall take effect and go into operation on and after December 31 of the calendar year of their reenactment.

(e) The enactment of this section and the repeal of sections in chapter 4 of title 43 adopted prior to the date of enactment of this chapter of the public laws shall not act as a repeal of those chapters of the public laws which have been adopted to reenact the general laws.

(f) Any subsequent reenactments shall be recorded in the history of this section.

(g) In any reenactment, the word “text” as used in the general laws does not include: (1) printer’s reference lines appearing at the top or bottom of any galley proof; (2) title or chapter heading (except the numbers of said titles and chapters); (3) tables of contents appearing at the beginning of the titles and chapters; or (4) boldface captions appearing at the beginning of sections (except the numbers of said sections), except insofar as the title or chapter headings or boldface captions are necessary for clarification of any statutory text.

History of Section. P.L. 1995, ch. 323, § 4; P.L. 1998, ch. 441, § 34.

§ 43-4-18.1 Use of appropriate disability language.

The office of the law revision director is authorized and empowered to delete the words “the handicapped” and insert instead the words “people with disabilities”, delete the words “handicap person” or “handicapped person” and insert instead the words “person with disability”, and delete the word “handicap” and insert instead the word “disability” in any reenactment of the general laws.

History of Section. P.L. 1996, ch. 287, § 3.