Skip to main content
S 2480Ethics & Transparency

Public Records - Access to Public Records

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

Signed into law67 Yea0 Nay8 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 6, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends Rhode Island's "Access to Public Records" law. It specifically addresses data related to traffic accidents and safety improvements that are collected for federal highway safety programs. Under federal law (23 U.S.C. § 407), this data is generally prevented from being used as evidence in lawsuits against the government. This bill clarifies that despite those federal legal restrictions on using the data in court, the documents themselves are still considered public records under state law and must be disclosed to the public upon request. The government may warn recipients that the data cannot be used for legal damages claims.

For younger readers

The government keeps records about car crashes and dangerous roads so they can fix them. There is a national rule that says lawyers cannot use these specific records to sue the government in court. However, this new bill says that even though lawyers can't use the records to sue, regular people and news reporters are still allowed to see them if they ask. This makes sure the government shares what it knows about road safety with the public, but it also reminds everyone that the rules against using this information in lawsuits still exist.

Who & Where It Applies

Impacted groups
Journalists and Media OutletsAttorneysTraffic Safety AdvocatesGovernment Record OfficersAccident Victims
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes government transparency and accountability by ensuring the public has access to critical safety data regarding dangerous intersections and roadways.
  • Empowers community advocacy groups and journalists to use official data to pressure authorities into making necessary infrastructure improvements in underserved neighborhoods.
  • Prevents state agencies from using federal litigation shields as an excuse to withhold information that is vital to public knowledge and community welfare.
  • Fails to challenge the underlying federal restriction that prevents victims of negligence from using this data to seek justice and compensation in court.
  • Could potentially divert limited administrative resources toward processing records requests rather than implementing actual safety improvements in communities.
  • If data is not carefully managed, released information could potentially be used by insurance companies to increase rates in specific neighborhoods, disproportionately affecting low-income drivers.
For Conservatives
  • Upholds the rule of law by explicitly respecting federal statutes that protect the state from liability and frivolous lawsuits, while still allowing public access.
  • Increases oversight of government spending and efficacy by allowing taxpayers to verify if the Department of Transportation is accurately identifying and addressing road hazards.
  • Ensures that government agencies cannot operate in secrecy, fostering a more accountable and smaller government footprint through citizen monitoring.
  • Increases the administrative burden and cost to taxpayers by requiring government employees to process and redact additional complex documents.
  • Could be weaponized by activists or trial lawyers to harass the state government or conduct "fishing expeditions" for lawsuits, even if the specific data is inadmissible.
  • Risks creating confusion and conflict between state mandates and federal confidentiality intent regarding highway safety data collection.

Votes

Loading votes...

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.