Z-1519.3 _______________________________________________
SENATE BILL 6484
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State of Washington 53rd Legislature 1994 Regular Session
By Senators A. Smith and Nelson; by request of Governor Lowry
Read first time 01/25/94. Referred to Committee on Law & Justice.
AN ACT Relating to disclosure of information in civil court proceedings; adding a new chapter to Title 4 RCW; repealing RCW 4.24.600, 4.24.610, 4.24.620, and 4.16.380; repealing 1993 c 17 s 4 (uncodified); and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that public health and safety is promoted when the public has knowledge that enables members of the public to make informed choices about risks to their health and safety. Therefore, the legislature declares as a matter of public policy that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards to the public. The legislature also recognizes that protection of trade secrets, confidential research, and proprietary, commercial, or financial information concerning products or business methods promotes business activity and prevents unfair competition. Therefore, the legislature declares it a matter of public policy that the confidentiality of such information be protected and its unnecessary disclosure be prevented.
NEW SECTION. Sec. 2. As used in this chapter:
(1) "Product liability/environmental damage claim" means a civil action for damages for personal injury, wrongful death, or property damage caused by an allegedly defective product or by allegedly hazardous or toxic substances, that present a risk of similar injury to other members of the public.
(2) "Confidentiality provision" means any terms contained in a court order or private agreement settling, concluding, or terminating a product liability/environmental damage claim, whether those terms are integrated in the order or private agreement or written separately, that limit the possession, disclosure, or dissemination of information about an alleged hazard to the public.
NEW SECTION. Sec. 3. In civil actions involving product liability/environmental damage claims, no confidentiality provision may be entered or enforceable upon settlement or conclusion of the action except as provided in section 4 of this act. Nothing in this chapter may affect the issuance of any protective or discovery order protecting writings or information during the course of litigation pursuant to existing court rules and procedure.
NEW SECTION. Sec. 4. (1) In civil actions involving product liability/environmental damage claims, no confidentiality provision may be entered or enforced by the court absent a showing of good cause by the moving party or parties. In determining whether there is good cause to allow nondisclosure of information, the court shall consider:
(a) Whether the information is necessary for a lay member of the public to understand the nature, source, and extent of the risk from the alleged hazard to the public;
(b) The likely severity of the harm to the public that would occur if information is not disclosed;
(c) The likely severity of the harm that would occur if confidentiality is not provided.
(2) Any confidentiality provisions that are not adopted consistent with the provisions of this chapter are voidable and are severable from the remainder of the order or agreement notwithstanding any provision to the contrary.
(3) Nothing in this chapter prevents the court from denying the request for confidentiality provisions under other law.
NEW SECTION. Sec. 5. This chapter applies to all confidentiality provisions entered or executed with respect to product liability/environmental damage claims on or after July 25, 1993. All rights or causes of action accrued or proceedings undertaken under chapter 17, Laws of 1993, are extinguished and voided and considered to have never existed.
NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:
(1) RCW 4.24.600 and 1993 c 17 s 1;
(2) RCW 4.24.610 and 1993 c 17 s 2;
(3) RCW 4.24.620 and 1993 c 17 s 3;
(4) RCW 4.16.380 and 1993 c 17 s 5; and
(5) 1993 c 17 s 4 (uncodified).
NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall constitute a new chapter in Title 4 RCW.
NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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