Ensures that the courts respect the prohibition against discovery and admission of safety hazard analysis, including the data gathered. Clarifies that the motor vehicle accident reports completed by the police of the various counties is included in the prohibition against discovery.

A BILL FOR AN ACT

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, highway hazard evaluation data, including reports, surveys, schedules, lists, or data 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 utilizing federal-aid highway funds, 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 such highway hazard evaluation data.

(b) The highway hazard evaluation data referred to in subsection (a), include, but are not limited to, motor vehicle accident reports completed and maintained by the police departments of the various counties.

(c) The prohibition against discovery or admission applies whether the motor vehicle accident reports are sought from the various counties or from the State.

(d) This section does not prohibit the discovery of the motor vehicle accident report of the accident that is the subject of the action for damages."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.