BILL REQ. #:  S-2226.1 

READ FIRST TIME 03/02/09.   

     AN ACT Relating to the compilation, collection, and release of traffic accident information in compliance with certain federal law; and amending RCW 46.52.060.

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

Sec. 1   RCW 46.52.060 and 2005 c 171 s 2 are each amended to read as follows:
     (1) Subject to subsection (4) of this section, it shall be the duty of the chief of the Washington state patrol to 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, whether any driver involved in the accident was distracted at the time of the accident and the circumstances thereof, and other statistical information which may prove of assistance in determining the cause of vehicular accidents. However, the information described in this section must be compiled or collected solely for the purposes related to those identified in 23 U.S.C. Sec. 152 and 23 U.S.C. Sec. 409.
     (2) Distractions contributing to an accident to be reported must include at least the following: Not distracted; operating a handheld electronic telecommunication device; operating a hands-free wireless telecommunication device; other electronic devices (including, but not limited to, PDA's, laptop computers, navigational devices, etc.); adjusting an audio or entertainment system; smoking; eating or drinking; reading or writing; grooming; interacting with children, passengers, animals, or objects in the vehicle; other inside distractions; outside distractions; and distraction unknown.
     (3) 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. However, any public entity listed in this subsection shall compile or collect the information described in this section solely for the purposes related to those identified in 23 U.S.C. Sec. 152 and 23 U.S.C. Sec. 409.
     (4) Information compiled or collected under this section is subject to public disclosure in a manner consistent with the state public records act, chapter 42.56 RCW, but may be released only in conformance with 23 U.S.C. Sec. 409.