AN ACT RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND (Provides the board of trustees with tort claim protections and calls upon the board to undertake a feasibility study related to operations of the Rhode Island Nuclear Science Center and the Rhode Island Atomic Energy Commission.)

H8165

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:
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SECTION 1. Chapter 16-32 of the General Laws entitled "University of Rhode Island [See
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Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding
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thereto the following sections:
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16-32-43. Tort claims against the board of trustees.
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(a) Definitions. For purposes of this section:
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(1) “Board of trustees” means and includes the University of Rhode Island and, except as
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otherwise provided herein, employees of the board of trustees acting within the scope of their
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employment.
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(2) “Employee” means and includes an officer, employee, or servant, whether or not
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compensated or part-time, who is authorized to perform any act or service; provided, however, that
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the term does not include an independent contractor.
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(3) “Injury” means death, injury to a person, damage to or loss of property, or any other
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injury that a person may suffer that would be actionable if inflicted by a private person.
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(b) With regard to tort liability:
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(1) The board of trustees shall only be liable for injury within the limitations of this chapter.
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(2) The board of trustees is liable for injury proximately caused by an act or omission of
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an employee within the scope of their employment, except for any act or omission constituting
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actual fraud, actual malice, or willful misconduct.
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(3) Any liability of the board of trustees established by this chapter is subject to any

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immunity of the board of trustees and is subject to any defenses that would be available to the board
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of trustees if it were a private person.
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(c) With regard to conditions of public property:
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(1) The board of trustees is liable for injury caused by a condition of its property if the
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plaintiff establishes that the property was in dangerous condition at the time of the injury, that the
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injury was proximately caused by the dangerous condition, that the dangerous condition created a
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reasonably foreseeable risk of the kind of injury which was incurred, and that the board of trustees
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willfully or maliciously failed to guard or warn against the dangerous condition.
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(2) Nothing in this section shall be construed to impose liability upon the board of trustees
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for a dangerous condition of its property if the action the board of trustees took to protect against
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the condition or the failure to take such action was not palpably unreasonable.
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(d) With regard to joint tortfeasors:
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(1) Notwithstanding any other law, in any case where the board of trustees is determined
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to be a joint tortfeasor, the board of trustees shall be required to contribute to a joint tortfeasor only
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to the extent of the recovery provided for under this chapter.
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(2) Notwithstanding any other law, in any case where the board of trustees is determined
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to be a tortfeasor in any cause of action along with one or more other tortfeasors, the board of
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trustees shall be liable for no more than that percentage share of the damages which is equal to the
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percentage of the negligence attributable to the board of trustees.
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(e) With regard to presentation of claims:
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(1) No action shall be brought against the board of trustees unless the claim upon which it
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is based shall have been presented in accordance with the procedures set forth in this section.
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(2) The board of trustees shall designate the office(s) or individual(s) where a claim for
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injury shall be filed and may by rule or regulation adopt forms specifying information to be
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contained in claims filed against it under this chapter.
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(i) A claim shall be presented by the claimant or by a person acting on their behalf and
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shall include:
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(A) The name and post office address of the claimant;
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(B) The post office address to which the person presenting the claim desires notices to be
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sent;
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(C) The date, place, and other circumstances of the occurrence or transaction which gave
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rise to the claim asserted;
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(D) A general description of the injury, damage, or loss incurred as far as it may be known
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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
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amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the
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presentation of the claim, together with the basis of computation of the amount claimed.
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(ii) A claim relating to a cause of action for injury shall be presented as provided in this
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section not later than the ninetieth day after accrual of the cause of action. After the expiration of
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six (6) months from the date the notice of claim is received, the claimant may file suit in an
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appropriate court of law. The claimant shall be forever barred from recovering against the board of
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trustees if:
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(A) The claimant failed to file the claim with the board of trustees within ninety (90) days
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of accrual of the claim;
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(B) Three (3) years have elapsed since the accrual of the claim; or
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(C) The claimant or the claimant's authorized representative entered into a settlement
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agreement with respect to the claim.
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(3) Nothing in this section shall prohibit a minor or a person who is mentally incapacitated
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from commencing an action under this chapter within the time limitations contained herein, after
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reaching majority or returning to mental capacity.
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(f) With regard to interest and limitations of damages:
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(1) Notwithstanding any other law, no interest shall accrue prior to the entry of judgment
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against the board of trustees.
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(2) No punitive or exemplary damages shall be awarded against the board of trustees.
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(3) No damages shall be awarded against the board of trustees for pain and suffering
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resulting from any injury; provided, however, that this limitation on the recovery of damages for
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pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent
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disfigurement, or dismemberment.
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(4) In any tort action against the board of trustees, any damages recovered therein shall not
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exceed the sum of one hundred thousand dollars ($100,000).
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(g) With regard to the effect of assumption of liability, any waiver of immunity and
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assumption of liability contained in this chapter shall not apply in circumstances where liability has
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been or is hereafter assumed by another party, to the extent of such assumption of liability.
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(h) With regard to the effect upon liability based on contract or right to relief other than
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damages, nothing in this chapter shall affect liability based on contract or the right to obtain relief
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other than damages against the public entity or one of its employees.
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(i) With regard to workers’ compensation laws, nothing in this chapter shall be construed
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to affect, alter, or repeal any provision of the workers’ compensation laws of this state.

LC005601 - Page 3 of 5
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16-32-44. Inconsistent provisions.
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Insofar as the provisions of this chapter are inconsistent with the provisions of any other
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law or ordinance, general, special or local, the provisions of this chapter shall be controlling.
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16-32-45. Liberal construction.
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Neither this chapter nor anything contained in this chapter is or shall be construed as a
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restriction or limitation upon any powers, which the board might otherwise have under any laws of
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this state, and this chapter is cumulative to any powers. This chapter does and shall be construed to
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provide a complete, additional, and alternative method of doing things authorized by this chapter
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and shall be regarded as supplemental and additional to powers conferred by other laws.
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16-32-46. Feasibility study related to operations of the Rhode Island Nuclear Science
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Center and the Rhode Island Atomic Energy Commission.
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The board, working in collaboration with the relevant entities and interested parties
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including the state, will coordinate a study to review and evaluate the operations of the Rhode
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Island Nuclear Science Center (RINSC), which is located at the University of Rhode Island, Bay
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Campus, in Narragansett, and the Rhode Island Atomic Energy Commission (RIAEC), which
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constructed and operates the research reactor located at the RINSC. The costs of the study will be
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funded by the state and include recommendations:
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(1) As to the feasibility of continued operation of the reactor and the RINSC; and
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(2) The feasibility of the university assuming oversight of some or all of continued
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operations of the reactor, RINSC and/or the RIAEC.
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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
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This act would limit or prohibit claims an injured person could make for recovery against
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the University of Rhode Island. Injury caused by a condition of its property would be limited to
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instances where a person was injured by a dangerous condition and the board of trustees willfully
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or maliciously failed to guard or warn against the dangerous condition. All tort claims against the
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University of Rhode Island would be limited to recovery of no more than one hundred thousand
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dollars ($100,000). A claimant/injured person would be required to present a notice of claim within
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ninety (90) days of the injury or be forever barred from recovery. This act would also call upon the
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Board to undertake a feasibility study related to operations of the nuclear reactor on the Bay
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Campus.
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This act would take effect upon passage.
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