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H 7576Ethics & Transparency

Public Records - Access to Public Records

This bill mandates that traffic accident and safety improvement data be accessible as public records, despite restrictions on their use in court.

Signed into law69 Yea0 Nay6 Not voting
Population
Affected
25
Email Legislator
Introduced Feb 6, 2026Committee House State Government & Elections

Plain-English Summary

This legislation amends the Rhode Island "Access to Public Records" act. It specifically addresses records regarding traffic accidents and safety improvements. Federal law (23 U.S.C. § 407) often prevents this specific data from being used as evidence in lawsuits against the government. This bill clarifies that even though this data cannot be used in court for damages, it must still be considered a public record available to citizens. When a government agency releases these records, they may include a notice warning the recipient that the documents are legally restricted from being used in court proceedings.

For younger readers

The government keeps records of car accidents and plans for fixing roads to make them safer. There is a rule that says people cannot use these specific records to sue the government in court. This bill says that even though you can't use the records to sue, the government still has to let people see them if they ask. This helps people know what is happening on their roads. When the government gives out these records, they might include a note reminding people that the papers cannot be used for a lawsuit.

Who & Where It Applies

Impacted groups
DriversJournalistsAttorneysSafety AdvocatesPublic Bodies
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Increases government transparency by ensuring the public has full access to data regarding dangerous intersections and traffic safety issues, preventing the state from hiding behind legal technicalities.
  • Empowers community activists and safety organizations with the data needed to lobby effectively for infrastructure improvements in neglected neighborhoods.
  • Reinforces the public's right to know how public funds are being utilized for road safety and infrastructure improvements.
  • Maintains the federal prohibition on using this data in court, which denies victims of unsafe road conditions a crucial tool for seeking justice and compensation against the state.
  • The provision allowing the government to issue warnings about use restrictions could be used to intimidate average citizens or discourage them from utilizing the information.
  • Does not actually mandate safety improvements, only the release of data, which may result in frustration if the government acknowledges problems but fails to act.
For Conservatives
  • Promotes government accountability by allowing taxpayers to review data on traffic accidents and verify that tax dollars are being spent on necessary improvements.
  • Explicitly upholds the federal rule of law by reinforcing that these records cannot be used for frivolous lawsuits against the government.
  • Prevents bureaucratic overreach by ensuring that state agencies cannot arbitrarily withhold information from the public.
  • May increase administrative burdens and costs for government agencies that must process and review these specific record requests.
  • Could encourage "fishing expeditions" by trial lawyers seeking to circumvent federal restrictions to build cases against the state.
  • Potentially interferes with the efficient operation of transportation departments by diverting resources toward fulfilling information requests rather than fixing roads.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions

SECTION 1. Chapter 38-2 of the General Laws entitled "Access to Public Records" is hereby amended by adding thereto the following section: 38-2-17. Traffic accidents and improvement data. Notwithstanding any other provisions of this chapter or state law, any records that, under 23 U.S.C. § 407, are not discoverable or admissible in court proceedings or allowed to be considered for other purposes in damage actions shall nonetheless be deemed public records; provided, however, the records may not be used for purposes prohibited by that federal statute. When making the record public, whether in response to a request pursuant to this chapter, or otherwise, a public body may provide written notice of the aforementioned restrictions on their use.

SECTION 2. This act shall take effect upon passage.