Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0625 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'
1616 HOME
1717 Introduced By: Senators Felag, LaMountain, Raptakis, Lauria, Thompson, and Ciccone
1818 Date Introduced: March 06, 2025
1919 Referred To: Senate Special Legislation and Veterans Affairs
2020 (Veterans Services)
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 30-24-1 and 30-24-10 of the General Laws in Chapter 30-24 entitled 1
2424 "Rhode Island Veterans’ Home" are hereby amended to read as follows: 2
2525 30-24-1. Management and control. 3
2626 The management and control of the Rhode Island veterans’ home, established in this state 4
2727 for those who served in the army, navy, marine corps, coast guard, merchant marines, or air force 5
2828 or space force of the United States in any war or conflict and were honorably discharged therefrom, 6
2929 who shall be in need of such care as is provided at the home, shall be the responsibility of the 7
3030 director of human services, or his or her designee. 8
3131 30-24-10. Admissible to home — Fees. 9
3232 (a) Any person who has served in the army, navy, marine corps, coast guard, or air force 10
3333 or space force of the United States for a period of ninety (90) days or more and that period began 11
3434 or ended during any foreign war in which the United States shall have been engaged or in any 12
3535 expedition or campaign for which the United States government issues a campaign medal, and who 13
3636 was honorably discharged from it, and who shall be deemed to be in need of care provided at the 14
3737 Rhode Island veterans’ home, may be admitted to that facility subject to such rules and regulations 15
3838 as shall be adopted by the director of human services to govern the admission of applicants to the 16
3939 facility. Any person who has served in the armed forces of the United States designated herein and 17
4040 otherwise qualified, who has served less than the ninety-day (90) period described in this section, 18
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4444 and who was honorably discharged from service, and who, as a result of the service, acquired a 1
4545 service-connected disability or disease, may be admitted. No person shall be admitted to the facility 2
4646 unless the person has been accredited to the enlistment or induction quota of the state or has resided 3
4747 in the state for at least two (2) consecutive years next prior to the date of the application for 4
4848 admission to the facility. 5
4949 (b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem 6
5050 expenses of maintenance of residents in the facility and shall assess against each resident who has 7
5151 “net income”, as defined in this section, a fee equal to eighty percent (80%) of the resident’s net 8
5252 income, provided that fee shall not exceed the actual cost of care and maintenance for the resident; 9
5353 and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall 10
5454 be allocated to, and deposited in, the veterans’ restricted account. For the purposes of this section, 11
5555 “net income” is defined as gross income minus applicable federal and state taxes and minus: 12
5656 (i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty 13
5757 percent (50%) of any sum received due to wounds incurred under battle conditions for which the 14
5858 resident received the purple heart; and 15
5959 (ii) The amount paid by a resident for the support and maintenance of his or her spouse, 16
6060 parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as 17
6161 defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 — 1383d, subject to a 18
6262 maximum amount to be determined by rules and regulations as shall be adopted by the director. 19
6363 (2) The fees shall be paid monthly to the home and any failure to make payment when due 20
6464 shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded 21
6565 administrative due process. 22
6666 (c) Admissions to the veterans’ home shall be made without discrimination as to race, 23
6767 color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity 24
6868 or expression, assets, or income. 25
6969 (d) Laundry services shall be provided to the residents of the Rhode Island veterans’ home 26
7070 at no charge to the residents, with such funds to cover the cost of providing laundry services for 27
7171 residents of the Rhode Island veterans’ home derived from monies appropriated to the department 28
7272 of human services. 29
7373 SECTION 2. Section 30-25-14 of the General Laws in Chapter 30-25 entitled "Burial of 30
7474 Veterans" is hereby amended to read as follows: 31
7575 30-25-14. Rhode Island veterans’ memorial cemetery. 32
7676 (a) The Rhode Island veterans’ memorial cemetery, located on the grounds of the Joseph 33
7777 H. Ladd school in the town of Exeter, shall be under the management and control of the director of 34
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8181 the department of human services. The director of the department of human services shall appoint 1
8282 an administrator for the Rhode Island veterans’ memorial cemetery who shall be an honorably 2
8383 discharged veteran of the United States Armed Forces and shall have the general supervision over, 3
8484 and shall prescribe rules for, the government and management of the cemetery. The administrator 4
8585 shall make all needful rules and regulations governing the operation of the cemetery and generally 5
8686 may do all things necessary to ensure the successful operation thereof. The director shall 6
8787 promulgate rules and regulations, not inconsistent with the provisions of 38 U.S.C. § 2402, to 7
8888 govern the eligibility for burial in the Rhode Island veterans’ memorial cemetery. In addition to all 8
8989 persons eligible for burial pursuant to rules and regulations established by the director, any person 9
9090 who served in the army, navy, air force, or marine corps, coast guard, or space force of the United 10
9191 States for a period of not less than two (2) years and whose service was terminated honorably, shall 11
9292 be eligible for burial in the Rhode Island veterans’ memorial cemetery. The director shall appoint 12
9393 and employ all subordinate officials and persons needed for the proper management of the 13
9494 cemetery. National guard members who are killed in the line of duty or who are honorably 14
9595 discharged after completion of at least six (6) years of service in the Rhode Island national guard 15
9696 and/or reserve and their spouse shall be eligible for interment in the Rhode Island veterans’ 16
9797 memorial cemetery. National guard members and/or reservists who are honorably discharged after 17
9898 completion of at least six (6) years of service with another state, and who are a Rhode Island 18
9999 resident for at least two (2) consecutive years immediately prior to death, shall be eligible, along 19
100100 with their spouse, for interment in the Rhode Island veterans’ memorial cemetery. For the purpose 20
101101 of computing service under this section, honorable service in the active forces or reserves shall be 21
102102 considered toward the six (6) years of national guard service. The general assembly shall make an 22
103103 annual appropriation to the department of human services to provide for the operation and 23
104104 maintenance for the cemetery. The director shall charge and collect a grave liner fee per interment 24
105105 of the eligible spouse and/or eligible dependents of the qualified veteran, national guard member, 25
106106 and/or reservist equal to the department’s cost for the grave liner. 26
107107 (b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans’ 27
108108 memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing 28
109109 ear signal dogs or any other service animal, as required by federal law or any personal assistance 29
110110 animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this section 30
111111 shall be subject to a fine of not less than five hundred dollars ($500). 31
112112 (c) The state of Rhode Island office of veterans services shall bear the cost of all tolls 32
113113 incurred by any motor vehicles that are part of a veteran’s funeral procession, originating from 33
114114 Aquidneck Island ending at the veterans’ memorial cemetery, for burial or internment. The 34
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118118 executive director of the turnpike and bridge authority shall assist in the administration and 1
119119 coordination of this toll reimbursement program. 2
120120 SECTION 3. Section 34-12-5 of the General Laws in Chapter 34-12 entitled 3
121121 "Acknowledgments and Notarial Acts" is hereby amended to read as follows: 4
122122 34-12-5. Power of armed forces officers to take acknowledgments. 5
123123 In addition to the acknowledgment of instruments and the performance of other notarial 6
124124 acts in the manner and form and as otherwise authorized by law, instruments may be acknowledged, 7
125125 documents attested, oaths and affirmations administered, depositions and affidavits executed, and 8
126126 other notarial acts performed, before or by any commissioned officer in active service of the armed 9
127127 forces of the United States with the rank of second lieutenant or higher in the army, air force, or 10
128128 marine corps, or space force, or with the rank of ensign or higher in the navy or coast guard, or with 11
129129 equivalent rank in any other component part of the armed forces of the United States, by any person 12
130130 without the limits of the United States, and to any person who is a member of the armed forces who 13
131131 is within or without the limits of the United States and their lawful dependents. 14
132132 SECTION 4. Section 34-37-3 of the General Laws in Chapter 34-37 entitled "Rhode Island 15
133133 Fair Housing Practices Act" is hereby amended to read as follows: 16
134134 34-37-3. Definitions. 17
135135 When used in this chapter: 18
136136 (1) “Age” means anyone over the age of eighteen (18). 19
137137 (2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant 20
138138 Marines, or Air Force, or Space Force of the United States and the Rhode Island National Guard. 21
139139 (3) “Commission” means the Rhode Island commission for human rights created by § 28-22
140140 5-8. 23
141141 (4) “Disability” means a disability as defined in § 42-87-1. 24
142142 Provided, further, that the term “disability” does not include current, illegal use of, or 25
143143 addiction to, a controlled substance, as defined in 21 U.S.C. § 802. 26
144144 (5) “Discriminate” includes segregate, separate, or otherwise differentiate between or 27
145145 among individuals because of race, color, religion, sex, sexual orientation, gender identity or 28
146146 expression, marital status, lawful source of income, military status as a veteran with an honorable 29
147147 discharge or an honorable or general administrative discharge, servicemember in the armed forces, 30
148148 country of ancestral origin, disability, age, housing status, or familial status or because of the race, 31
149149 color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source 32
150150 of income, military status as a veteran with an honorable discharge or an honorable or general 33
151151 administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, 34
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155155 age, housing status, or familial status of any person with whom they are, or may wish to be, 1
156156 associated. 2
157157 (6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning 3
158158 as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2, 4
159159 except that the domestic abuse need not involve a minor or parties with minor children. 5
160160 (7)(i) “Familial status” means one or more individuals who have not attained the age of 6
161161 eighteen (18) years being domiciled with: 7
162162 (A) A parent or another person having legal custody of the individual or individuals; or 8
163163 (B) The designee of the parent or other person having the custody, with the written 9
164164 permission of the parent or other person, provided that, if the individual is not a relative or legal 10
165165 dependent of the designee, that the individual shall have been domiciled with the designee for at 11
166166 least six (6) months. 12
167167 (ii) The protections afforded against discrimination on the basis of familial status shall 13
168168 apply to any person who is pregnant or is in the process of securing legal custody of any individual 14
169169 who has not attained the age of eighteen (18) years. 15
170170 (8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,” 16
171171 “reasonable accommodation,” and “reasonable modifications” have the same meaning as those 17
172172 terms are defined in § 42-87-1.1. 18
173173 (9) The term “gender identity or expression” includes a person’s actual or perceived 19
174174 gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, 20
175175 or gender-related expression; whether or not that gender identity, gender-related self image, gender-21
176176 related appearance, or gender-related expression is different from that traditionally associated with 22
177177 the person’s sex at birth. 23
178178 (10) “Housing accommodation” includes any building or structure, or portion of any 24
179179 building or structure, or any parcel of land, developed or undeveloped, that is occupied or is 25
180180 intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or 26
181181 residence of one or more persons. 27
182182 (11) “Otherwise qualified” includes any person with a disability who, with respect to the 28
183183 rental of property, personally or with assistance arranged by the person with a disability, is capable 29
184184 of performing all the responsibilities of a tenant as contained in § 34-18-24. 30
185185 (12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing 31
186186 accommodation. 32
187187 (13) “Person” includes one or more individuals, partnerships, associations, organizations, 33
188188 corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal 34
189189
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192192 representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as 1
193193 defined in chapter 20.5 of title 5. 2
194194 (14) “Senior citizen” means a person sixty-two (62) years of age or older. 3
195195 (15) The term “sexual orientation” means having, or being perceived as having, an 4
196196 orientation for heterosexuality, bisexuality, or homosexuality. 5
197197 (16) The term “victim” means a family or household member and all other persons 6
198198 contained within the definition of those terms as defined in § 12-29-2. 7
199199 (17) The term “housing status” means the status of having or not having a fixed or regular 8
200200 residence, including the status of living on the streets or in a homeless shelter or similar temporary 9
201201 residence. 10
202202 (18) The term “lawful source of income” means and includes any income, benefit, or 11
203203 subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any 12
204204 other federal, state, or local public assistance program, including, but not limited to, medical or 13
205205 veterans assistance; any federal, state, or local rental assistance or housing subsidy program, 14
206206 including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any 15
207207 requirement associated with such public assistance, rental assistance, or housing subsidy program. 16
208208 SECTION 5. This act shall take effect upon passage. 17
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215215 EXPLANATION
216216 BY THE LEGISLATIVE COUNCIL
217217 OF
218218 A N A C T
219219 RELATING TO MILITARY AFFAIRS AND DEFENSE -- RHODE ISLAND VETERANS'
220220 HOME
221221 ***
222222 This act would add “space force” to the branches of the military included in various 1
223223 sections of general law regarding the veterans home, veterans cemetery and the power of armed 2
224224 forces officers to take acknowledgements. 3
225225 This act would take effect upon passage. 4
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