BILL REQ. #:  H-0975.2 

Read first time 02/17/2005.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to access to accident reports and information compiled by the Washington state patrol; amending RCW 46.52.060; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   It is the intent of this act to codify the holding of the United States Supreme Court in Pierce County v. Guillen, 537 U.S. 129, 123 S.Ct.720, 154 L.Ed.2d 610 (2003) by clarifying that any information compiled or collected by the Washington state patrol pursuant to this statute is not privileged under 23 U.S.C. Sec. 409 and to clarify that the public shall have access under the public disclosure act to all accident reports and information compiled or collected by the Washington state patrol under this statute.

Sec. 2   RCW 46.52.060 and 1998 c 169 s 1 are each amended to read as follows:
     (1) It shall be the duty of the chief of the Washington state patrol to compile, collect, file, tabulate, and analyze all accident reports and to publish annually, immediately following the close of each fiscal year, and monthly during the course of the year, statistical information based thereon showing the number of accidents, the location, the frequency and circumstances thereof and other statistical information which may prove of assistance in determining the cause of vehicular accidents.
     (2) Such accident reports and analysis or reports thereof shall be available to the director of licensing, the department of transportation, the utilities and transportation commission, the traffic safety commission, and other public entities authorized by the chief of the Washington state patrol, or their duly authorized representatives, for further tabulation and analysis for pertinent data relating to the regulation of highway traffic, highway construction, vehicle operators and all other purposes, and to publish information so derived as may be deemed of publication value.
     (3) Such accident reports and information and any statistical analysis thereof under this section shall be available from the Washington state patrol to the general public upon request under the provisions of chapter 42.17 RCW.
     (4) The duty imposed under this section may not be transferred to another governmental agency or entity as a means of avoiding the provisions of subsection (3) of this section.