Report Title:
Highway Hazard Evaluation Data
Description:
Prohibits discovery of safety hazard analysis. Clarifies that the motor vehicle accident reports completed by the police of the various counties is included in the prohibition against discovery. Permits the release of source data.
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THE SENATE |
S.B. NO. |
2583 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HIGHWAY HAZARD EVALUATION DATA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§264- Discovery and admission as evidence of highway hazard evaluation data. (a) Notwithstanding any other provision of law, the following shall not be subject to discovery or admitted into evidence in a federal or state court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in the highway hazard evaluation data:
(1) Highway hazard evaluation analysis, including reports, surveys, schedules, lists, or data that are compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to Title 23 United States Code sections 130, 144, and 152, or for the purpose of developing any highway safety construction improvement project that may be implemented using federal-aid highway funds; and
(2) Motor vehicle accident reports completed and maintained by the police departments of the various counties when such reports are compiled or collected for the purpose of evaluating highway hazards.
(b) The prohibition against discovery or admission applies whether the motor vehicle accident reports are sought from the various counties or from the State.
(c) This section does not prohibit:
(1) The discovery or admission of a motor vehicle accident report about the accident that is the subject of the action for damages; and
(2) The discovery of any source data found within the highway hazard evaluation analysis referred to in subsection (a). For purposes of this section, "source data" means the names and addresses of individuals involved in the accident, the date and time of the accident, or any diagram of the accident.
(d) Nothing in this section shall be construed to prevent the release of information under chapter 92."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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