AN ACT RELATING TO COURTS AND CIVIL PROCEDURE-- PROCEDURE GENERALLY -- MUNICIPAL EMERGENCY RESPONSE COST RECOVERY (Creates 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.)

H7819

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:
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SECTION 1. Legislative findings and purpose.
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The general assembly hereby finds and declares as follows:
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(1) A mass casualty shooting event recently occurred on the campus of a private institution
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of higher education within the state, resulting in death, serious bodily injury, and significant
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emotional trauma to students, faculty, families, and the broader community.
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(2) Municipal police departments, fire departments, and emergency medical services from
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multiple cities and towns responded to the incident and expended substantial public funds in
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emergency response, investigation, suspect apprehension, mutual aid coordination, and related
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public safety operations.
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(3) Municipal emergency response costs arising from large-scale violent incidents may
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substantially exceed ordinary operating budgets and may result in significant unanticipated burdens
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on local taxpayers.
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(4) Private property owners, including institutions of higher education, have a
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responsibility to implement reasonable safety measures appropriate to the size, use, and risk profile
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of their premises.
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(5) Concerns have been publicly raised regarding whether reasonable safety measures —
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including secure building access controls, qualified security leadership, modern surveillance
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systems, and appropriate response to credible safety warnings — were adequately implemented or

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maintained prior to the incident.
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(6) It is not the intent of the general assembly by this act to determine civil liability for any
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specific event or entity, but to establish a uniform and prospective judicial mechanism under which
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municipalities may seek reimbursement of extraordinary emergency response costs when such
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costs are proven in a court of law to have been proximately caused by negligent failure to implement
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reasonable safety measures.
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(7) The purpose of this act is to protect taxpayers from bearing extraordinary public safety
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costs when such costs are attributable to proven negligence, while preserving due process and
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judicial determination of fault.
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SECTION 2. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE
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— PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter:
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CHAPTER 1.5
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MUNICIPAL EMERGENCY RESPONSE COST RECOVERY ACT
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9-1.5-1. Definitions.

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As used in this chapter:
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(1) “Extraordinary emergency response costs” means documented and reasonable costs
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incurred by a municipality for police, fire, emergency medical services, mutual aid assistance,
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overtime compensation, specialized equipment deployment, and investigation directly attributable
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to a mass casualty event.
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(2) “Mass casualty event” means an incident occurring on private property resulting in
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death or serious bodily injury to three (3) or more individuals.
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(3) “Private property owner” means any private nonprofit or for-profit entity that owns or
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controls real property within the state.
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9-1.5-2. Civil cause of action.

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(a) A municipality that incurs extraordinary emergency response costs arising from a mass
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casualty event may bring a civil action in the superior court to recover such costs from a private
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property owner.
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(b) In order to recover under this chapter, the municipality shall prove by a preponderance
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of the evidence that:
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(1) The private property owner owed a duty under the circumstances to maintain reasonable
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safety measures;
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(2) The private property owner negligently failed to implement or maintain reasonable
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safety measures; and
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(3) Such negligence was a proximate cause of the mass casualty event and the resulting

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extraordinary emergency response costs.
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(c) Nothing in this chapter shall be construed to create strict liability.
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9-1.5-3. Damages.

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(a) Recovery under this chapter shall be limited to documented and reasonable
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extraordinary emergency response costs.
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(b) The court may award reasonable attorneys’ fees and costs to a prevailing municipality.
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(c) Prejudgment and post-judgment interest shall be awarded in accordance with § 9-21-
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10.
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9-1.5-4. Applicability.

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This chapter shall apply to any mass casualty event occurring on or after January 1, 2024.
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Any action brought pursuant to this chapter shall be commenced within three (3) years of the date
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of the event.
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SECTION 3. This act shall take effect upon passage and shall apply to any mass casualty
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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
***
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This act would create a civil cause of action for any municipality that incurs extraordinary
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emergency response costs arising from a mass casualty event may bring a civil action in the superior
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court to recover such costs from a private property owner.
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This act would take effect upon passage and would apply to any mass casualty event
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occurring on or after January 1, 2024.
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