2026 -- H 8165

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LC005601

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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 EDUCATION -- UNIVERSITY OF RHODE ISLAND

     Introduced By: Representatives Fogarty, Tanzi, Spears, and McEntee

     Date Introduced: February 27, 2026

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-32 of the General Laws entitled "University of Rhode Island [See

Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding

thereto the following sections:

     16-32-43. Tort claims against the board of trustees.

     (a) Definitions. For purposes of this section:

     (1) “Board of trustees” means and includes the University of Rhode Island and, except as

otherwise provided herein, employees of the board of trustees acting within the scope of their

employment.

     (2) “Employee” means and includes an officer, employee, or servant, whether or not

compensated or part-time, who is authorized to perform any act or service; provided, however, that

the term does not include an independent contractor.

     (3) “Injury” means death, injury to a person, damage to or loss of property, or any other

injury that a person may suffer that would be actionable if inflicted by a private person.

     (b) With regard to tort liability:

     (1) The board of trustees shall only be liable for injury within the limitations of this chapter.

     (2) The board of trustees is liable for injury proximately caused by an act or omission of

an employee within the scope of their employment, except for any act or omission constituting

actual fraud, actual malice, or willful misconduct.

     (3) Any liability of the board of trustees established by this chapter is subject to any

immunity of the board of trustees and is subject to any defenses that would be available to the board

of trustees if it were a private person.

     (c) With regard to conditions of public property:

     (1) The board of trustees is liable for injury caused by a condition of its property if the

plaintiff establishes that the property was in dangerous condition at the time of the injury, that the

injury was proximately caused by the dangerous condition, that the dangerous condition created a

reasonably foreseeable risk of the kind of injury which was incurred, and that the board of trustees

willfully or maliciously failed to guard or warn against the dangerous condition.

     (2) Nothing in this section shall be construed to impose liability upon the board of trustees

for a dangerous condition of its property if the action the board of trustees took to protect against

the condition or the failure to take such action was not palpably unreasonable.

     (d) With regard to joint tortfeasors:

     (1) Notwithstanding any other law, in any case where the board of trustees is determined

to be a joint tortfeasor, the board of trustees shall be required to contribute to a joint tortfeasor only

to the extent of the recovery provided for under this chapter.

     (2) Notwithstanding any other law, in any case where the board of trustees is determined

to be a tortfeasor in any cause of action along with one or more other tortfeasors, the board of

trustees shall be liable for no more than that percentage share of the damages which is equal to the

percentage of the negligence attributable to the board of trustees.

     (e) With regard to presentation of claims:

     (1) No action shall be brought against the board of trustees unless the claim upon which it

is based shall have been presented in accordance with the procedures set forth in this section.

     (2) The board of trustees shall designate the office(s) or individual(s) where a claim for

injury shall be filed and may by rule or regulation adopt forms specifying information to be

contained in claims filed against it under this chapter.

     (i) A claim shall be presented by the claimant or by a person acting on their behalf and

shall include:

     (A) The name and post office address of the claimant;

     (B) The post office address to which the person presenting the claim desires notices to be

sent;

     (C) The date, place, and other circumstances of the occurrence or transaction which gave

rise to the claim asserted;

     (D) A general description of the injury, damage, or loss incurred as far as it may be known

at the time of presentation of the claim; and

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     (E) The amount claimed as of the date of presentation of the claim, including the estimated

amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the

presentation of the claim, together with the basis of computation of the amount claimed.

     (ii) A claim relating to a cause of action for injury shall be presented as provided in this

section not later than the ninetieth day after accrual of the cause of action. After the expiration of

six (6) months from the date the notice of claim is received, the claimant may file suit in an

appropriate court of law. The claimant shall be forever barred from recovering against the board of

trustees if:

     (A) The claimant failed to file the claim with the board of trustees within ninety (90) days

of accrual of the claim;

     (B) Three (3) years have elapsed since the accrual of the claim; or

     (C) The claimant or the claimant's authorized representative entered into a settlement

agreement with respect to the claim.

     (3) Nothing in this section shall prohibit a minor or a person who is mentally incapacitated

from commencing an action under this chapter within the time limitations contained herein, after

reaching majority or returning to mental capacity.

     (f) With regard to interest and limitations of damages:

     (1) Notwithstanding any other law, no interest shall accrue prior to the entry of judgment

against the board of trustees.

     (2) No punitive or exemplary damages shall be awarded against the board of trustees.

     (3) No damages shall be awarded against the board of trustees for pain and suffering

resulting from any injury; provided, however, that this limitation on the recovery of damages for

pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent

disfigurement, or dismemberment.

     (4) In any tort action against the board of trustees, any damages recovered therein shall not

exceed the sum of one hundred thousand dollars ($100,000).

     (g) With regard to the effect of assumption of liability, any waiver of immunity and

assumption of liability contained in this chapter shall not apply in circumstances where liability has

been or is hereafter assumed by another party, to the extent of such assumption of liability.

     (h) With regard to the effect upon liability based on contract or right to relief other than

damages, nothing in this chapter shall affect liability based on contract or the right to obtain relief

other than damages against the public entity or one of its employees.

     (i) With regard to workers’ compensation laws, nothing in this chapter shall be construed

to affect, alter, or repeal any provision of the workers’ compensation laws of this state.

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     16-32-44. Inconsistent provisions.

     Insofar as the provisions of this chapter are inconsistent with the provisions of any other

law or ordinance, general, special or local, the provisions of this chapter shall be controlling.

     16-32-45. Liberal construction.

     Neither this chapter nor anything contained in this chapter is or shall be construed as a

restriction or limitation upon any powers, which the board might otherwise have under any laws of

this state, and this chapter is cumulative to any powers. This chapter does and shall be construed to

provide a complete, additional, and alternative method of doing things authorized by this chapter

and shall be regarded as supplemental and additional to powers conferred by other laws.

     16-32-46. Feasibility study related to operations of the Rhode Island Nuclear Science

Center and the Rhode Island Atomic Energy Commission.

     The board, working in collaboration with the relevant entities and interested parties

including the state, will coordinate a study to review and evaluate the operations of the Rhode

Island Nuclear Science Center (RINSC), which is located at the University of Rhode Island, Bay

Campus, in Narragansett, and the Rhode Island Atomic Energy Commission (RIAEC), which

constructed and operates the research reactor located at the RINSC. The costs of the study will be

funded by the state and include recommendations:

     (1) As to the feasibility of continued operation of the reactor and the RINSC; and

     (2) The feasibility of the university assuming oversight of some or all of continued

operations of the reactor, RINSC and/or the RIAEC.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND

***

     This act would limit or prohibit claims an injured person could make for recovery against

the University of Rhode Island. Injury caused by a condition of its property would be limited to

instances where a person was injured by a dangerous condition and the board of trustees willfully

or maliciously failed to guard or warn against the dangerous condition. All tort claims against the

University of Rhode Island would be limited to recovery of no more than one hundred thousand

dollars ($100,000). A claimant/injured person would be required to present a notice of claim within

ninety (90) days of the injury or be forever barred from recovery. This act would also call upon the

Board to undertake a feasibility study related to operations of the nuclear reactor on the Bay

Campus.

     This act would take effect upon passage.

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