S-0816.1          _______________________________________________

                                 SENATE BILL 5388

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators A. Smith, Talmadge, Madsen, L. Kreidler, Rasmussen and Wojahn.

Read first time January 30, 1991.  Referred to Committee on Law & Justice.Requiring full disclosure of civil court proceedings relating to public hazards.

     AN ACT Relating to full disclosure of civil court proceedings relating to public hazards; amending RCW 19.108.050; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

     (1) Except pursuant to this section, no court shall enter an order or judgment which has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard.

     (2) Any portion of an agreement or contract that has the purpose or effect of concealing a public hazard, any information concerning a public hazard, or any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard, is void, contrary to public policy, and may not be enforced.

     (3) Any substantially affected person, including but not limited to representatives of news media, has standing to contest an order, judgment, agreement, or contract that violates this section.  A person may contest an order, judgment, agreement, or contract that violates this section by motion in the court that entered the order or judgment, or by bringing a declaratory judgment action.

     (4) Upon motion and good cause shown by a party attempting to prevent disclosure of information or materials that have not previously been disclosed, including but not limited to alleged trade secrets, the court shall examine the disputed information or materials in camera.  If the court finds that the information or materials or portions thereof consist of information concerning a public hazard or information that may be useful to members of the public in protecting themselves from injury that may result from a public hazard, the court shall allow disclosure of the information or materials.  If allowing disclosure, the court shall allow disclosure of only that portion of the information or materials necessary or useful to the public regarding the public hazard.

     (5) As used in this section, "public hazard" means an instrumentality, including but not limited to any device, instrument, person, procedure, product, or a condition of a device, instrument, person, procedure, or product, that has caused or may reasonably cause injury to more than one individual.

     Sec. 2.  RCW 19.108.050 and 1981 c 286 s 5 are each amended to read as follows:

     In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means((, which)) subject to section 1 of this act.  Reasonable means may include granting protective orders in connection with discovery proceedings, holding in‑camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.