2026 -- H 7819

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LC005803

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE GENERALLY --

MUNICIPAL EMERGENCY RESPONSE COST RECOVERY

     Introduced By: Representative Charlene Lima

     Date Introduced: February 26, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings and purpose.

     The general assembly hereby finds and declares as follows:

     (1) A mass casualty shooting event recently occurred on the campus of a private institution

of higher education within the state, resulting in death, serious bodily injury, and significant

emotional trauma to students, faculty, families, and the broader community.

     (2) Municipal police departments, fire departments, and emergency medical services from

multiple cities and towns responded to the incident and expended substantial public funds in

emergency response, investigation, suspect apprehension, mutual aid coordination, and related

public safety operations.

     (3) Municipal emergency response costs arising from large-scale violent incidents may

substantially exceed ordinary operating budgets and may result in significant unanticipated burdens

on local taxpayers.

     (4) Private property owners, including institutions of higher education, have a

responsibility to implement reasonable safety measures appropriate to the size, use, and risk profile

of their premises.

     (5) Concerns have been publicly raised regarding whether reasonable safety measures —

including secure building access controls, qualified security leadership, modern surveillance

systems, and appropriate response to credible safety warnings — were adequately implemented or

maintained prior to the incident.

     (6) It is not the intent of the general assembly by this act to determine civil liability for any

specific event or entity, but to establish a uniform and prospective judicial mechanism under which

municipalities may seek reimbursement of extraordinary emergency response costs when such

costs are proven in a court of law to have been proximately caused by negligent failure to implement

reasonable safety measures.

     (7) The purpose of this act is to protect taxpayers from bearing extraordinary public safety

costs when such costs are attributable to proven negligence, while preserving due process and

judicial determination of fault.

     SECTION 2. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE

— PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter:

CHAPTER 1.5

MUNICIPAL EMERGENCY RESPONSE COST RECOVERY ACT

     9-1.5-1. Definitions.

     As used in this chapter:

     (1) “Extraordinary emergency response costs” means documented and reasonable costs

incurred by a municipality for police, fire, emergency medical services, mutual aid assistance,

overtime compensation, specialized equipment deployment, and investigation directly attributable

to a mass casualty event.

     (2) “Mass casualty event” means an incident occurring on private property resulting in

death or serious bodily injury to three (3) or more individuals.

     (3) “Private property owner” means any private nonprofit or for-profit entity that owns or

controls real property within the state.

     9-1.5-2. Civil cause of action.

     (a) A municipality that incurs extraordinary emergency response costs arising from a mass

casualty event may bring a civil action in the superior court to recover such costs from a private

property owner.

     (b) In order to recover under this chapter, the municipality shall prove by a preponderance

of the evidence that:

     (1) The private property owner owed a duty under the circumstances to maintain reasonable

safety measures;

     (2) The private property owner negligently failed to implement or maintain reasonable

safety measures; and

     (3) Such negligence was a proximate cause of the mass casualty event and the resulting

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extraordinary emergency response costs.

     (c) Nothing in this chapter shall be construed to create strict liability.

     9-1.5-3. Damages.

     (a) Recovery under this chapter shall be limited to documented and reasonable

extraordinary emergency response costs.

     (b) The court may award reasonable attorneys’ fees and costs to a prevailing municipality.

     (c) Prejudgment and post-judgment interest shall be awarded in accordance with § 9-21-

10.

     9-1.5-4. Applicability.

     This chapter shall apply to any mass casualty event occurring on or after January 1, 2024.

Any action brought pursuant to this chapter shall be commenced within three (3) years of the date

of the event.

     SECTION 3. This act shall take effect upon passage and shall apply to any mass casualty

event occurring on or after January 1, 2024.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE GENERALLY --

MUNICIPAL EMERGENCY RESPONSE COST RECOVERY

***

     This act would create a civil cause of action for any municipality that incurs extraordinary

emergency response costs arising from a mass casualty event may bring a civil action in the superior

court to recover such costs from a private property owner.

     This act would take effect upon passage and would apply to any mass casualty event

occurring on or after January 1, 2024.

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