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HB 8165

AN ACT RELATING TO EDUCATION -- UNIVERSITY OF RHODE ISLAND

2026 Regular Session Introduced by Kathleen Fogarty and 3 co-sponsors

HB 8165 caps University of Rhode Island Board liability at $100,000 for injuries on URI property, sets 90-day claim rule, and funds a feasibility study of URI nuclear facilities ov

04/30/2026 Committee recommended measure be held for further study
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Bill Summary · HB 8165

Summary of HB 8165 ( Rhode Island, 2026 ) — AN ACT RELATING TO EDUCATION — UNIVERSITY OF RHODE ISLAND

Purpose and intent

  • Establishes new tort liability rules for the University of Rhode Island (URI) and its Board of Trustees.
  • Aims to limit monetary exposure from tort claims against the university, while preserving certain defenses and conditions.
  • Requires a feasibility study related to operations of URI’s nuclear facilities (RINSC and RIAEC) and possible university oversight.

Key provisions and changes

Tort claims against the URI Board of Trustees (new section 16-32-43)

  • Definitions:
    • “Board of trustees” includes URI and its employees acting within scope; independent contractors are excluded.
    • “Employee” includes officers/employees/servants within scope of employment.
    • “Injury” covers death, personal injury, property damage, or other actionable injuries.
  • Liability scope:
    • The board is liable for injuries caused by an employee within the scope of employment, but not for acts of actual fraud, malice, or willful misconduct.
    • Liability is subject to immunities and defenses available to private persons.
  • Property condition liability:
    • The board is liable for injuries caused by dangerous conditions on its property if: the condition was dangerous at the time, caused the injury, created a foreseeable risk, and the board willfully/maliciously failed to guard or warn.
    • If the board’s actions to protect against the condition were not palpably unreasonable, liability may be mitigated.
  • Joint tortfeasor scenarios:
    • If the board is a joint tortfeasor, it contributes only to the extent of the recovery under this chapter.
    • If liable with other tortfeasors, the board’s liability cap equals its percentage of negligence.
  • Presentation of claims:
    • Claims must be presented following specified procedures designated by the board, including filing by the claimant with required information (name, addresses, description of injury, date/place, amount claimed, etc.).
    • Time limits: an action based on injury must be filed within 90 days of accrual; suit may be filed after 6 months from notice, but the claimant is barred if:
    • 90 days pass from accrual without filing the claim,
    • 3 years elapse since accrual, or
    • a settlement is reached.
    • Minor or mentally incapacitated individuals may sue after reaching majority or restoring capacity, within these limits.
  • Damages and interest:
    • No pre-judgment interest.
    • No punitive/exemplary damages.
    • No damages for pain and suffering, except in cases of permanent loss of function, permanent disfigurement, or dismemberment.
    • Total damages against the board capped at $100,000.
  • Other liability considerations:
    • Waiver of immunity or liability does not apply where liability has been assumed by another party to the extent of that assumption.
    • The chapter does not affect contract-based or non-damages relief against the public entity or its employees.
    • Workers’ compensation laws remain unaffected.

Inconsistent provisions and construction

  • 16-32-44: This chapter controls over conflicting laws or ordinances.
  • 16-32-45: The act is to be liberally construed, and it is cumulative to existing powers.

Feasibility study (16-32-46)

  • The Board, in collaboration with relevant entities, will coordinate a state-funded feasibility study of:
    • The operations of the Rhode Island Nuclear Science Center (RINSC) at URI Bay Campus and the Rhode Island Atomic Energy Commission (RIAEC) reactor.
    • Recommendations on the continued operation of the reactor/RINSC and the potential for URI to assume oversight of some or all continued operations.

Affected parties

  • Primary: University of Rhode Island and its Board of Trustees, including employees acting within scope of employment.
  • Claimants: Individuals injured on URI property or due to URI operations, subject to the $100,000 damages cap and 90-day claims requirement.
  • Government/State: Funding for the feasibility study related to RINSC/RIAEC operations; potential changes in how URI oversees nuclear facility operations.

Timeline and effective date

  • Effective date: Upon passage of the act.
  • Procedures for claims, including 90-day notice and 6-month window to file after notice, apply immediately upon passage.

Additional context

  • The bill was introduced February 27, 2026, referred to House Finance, and later recommended to be held for further study (as of April 30, 2026 action history).
  • Co-sponsors include Representatives Fogarty, Tanzi, Spears, and McEntee.

This summary covers the substantive provisions, potential financial exposure changes for URI, and the mandated feasibility study related to the state’s nuclear facilities.

Compiled from official sources — confirm details with the bill’s official record.

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