BP BHEAD INT S

AN ACT Relating to full disclosure of civil court proceedings relating to public hazards; adding new sections to chapter 4.24 RCW; adding a new section to chapter 4.16 RCW; creating a new section; providing an effective date; and declaring an emergency.

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) As used in this section:

(a) "Public hazard" means a matter that has a probable adverse affect on the general public health or safety or the ability of any government agency to protect the public health or safety.

(b) "Discovery materials" means depositions, answers to interrogatories, documents or electronic data produced and physically exchanged in response to requests for production, and admissions under court rules.

(2) Except as provided in this section, no court shall enter an order or judgment which has the purpose or effect of concealing a public hazard or any relevant information or material concerning a public hazard, nor shall the court enter an order or judgment that has the purpose or effect of concealing any information or material that is relevant to the public's knowledge or understanding of a public hazard.

(3) Any portion of an agreement or contract that has the purpose or effect of concealing a public hazard, relevant information or material concerning a public hazard, or information or material that is relevant to the public's knowledge or understanding of a public hazard, is void, contrary to public policy, and may not be enforced. A party to the agreement or contract may bring a declaratory action pursuant to this section to determine whether an agreement or contract conceals a public hazard and is void.

(4)(a) In any declaratory or other civil action, a party may bring a motion for a temporary order restraining disclosure to the public or to third parties information or material about the party making the motion which is known to another party or which is sought from the party making the motion by another party. Upon good cause shown the court shall examine in camera the information or material sought to be protected. The court may in the court's discretion issue a temporary order restraining a party or parties from disseminating the protected information or material to the public or third parties. The temporary order shall terminate upon the entry of a final order or judgment or a dismissal of the action.

(b) In any final order or judgment entered in any declaratory or other civil action, if the court finds that all or portions of the information or material sought to be protected is relevant to the public's knowledge or understanding of a public hazard, the court shall provide for disclosure of the information or material. If the court finds that all or a portion of the information or material sought to be protected is not relevant to the public's knowledge or understanding of the public hazard, the court shall require the information to be sealed and may include in the final order or judgment provisions restraining any or all parties from disclosing the information which is protected.

(5)(a) Notwithstanding a protective order or nondisclosure or confidentiality agreement, a person may move for access to discovery materials that contain matters related to a public hazard. The person may file the motion by intervention during the court action or may bring a declaratory action under this section to determine whether the agreement, contract, order, or judgment conceals a public hazard.

(b) A person seeking access shall file a motion seeking access in the court that heard the action in which the discovery took place. The person seeking access shall serve a copy of the motion on every party to the action and on any nonparty that provided the discovery material.

(c) The court shall order the information or material be produced for an in camera review by the court. The court shall determine whether the information or material protected under the agreement, contract, order, or judgment conceals a public hazard in violation of sections 1 through 3 of this act. Upon review, the court shall issue an order regarding dissemination of the information or material in accordance with subsection (4)(b) of this section.

(d) The court shall grant access to discovery materials that relate to a public hazard, unless the court finds that:

(i) Disclosure of the materials would expose a person or party to undue annoyance, embarrassment, or oppression, or violate a recognized privilege or could not be avoided by a means less restrictive than denying access; and

(ii) The private harm resulting from disclosure would outweigh the adverse public import.

(e) If the motion for access is granted, and the discovery materials have not been filed with the court, the court upon motion shall direct production of the materials. The person seeking access shall pay necessary copying costs. In granting access, the court may impose conditions necessary to prevent annoyance, embarrassment, oppression, or violation of a recognized privilege.

(f) The court may award reasonable attorneys' fees and actual costs to the prevailing party in an action under this subsection (5).

NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:

Any person who violates an order either publishing or sealing information or material issued under sections 1 through 3 of this act, shall be in contempt of court. The court shall award attorneys' fees and costs incurred in enforcing the order plus actual damages against the party who violated the order.

NEW SECTION. Sec. 3. A new section is added to chapter 4.24 RCW to read as follows:

Any party who attempts to condition an agreement or contract upon another party's agreement to conceal an instrumentality that the party knows or reasonably should have known is a public hazard or any party who enters into an agreement or contract that conceals an instrumentality that the party knows or reasonably should have known is a public hazard shall be in violation of the consumer protection act, chapter 19.86 RCW. If the party is engaged in the business of insurance then the party shall also be in violation of RCW 48.30.010.

NEW SECTION. Sec. 4. This act shall apply to all agreements, contracts, orders, and judgments entered on or after the effective date of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 4.16 RCW to read as follows:

An action for declaratory relief or other civil action brought pursuant to sections 1 through 3 of this act to determine whether an agreement, contract, order, or judgment conceals a public hazard in violation of sections 1 through 3 of this act must be brought within three years of entry of the order or judgment or three years from the date the parties entered into the agreement or contract.

NEW SECTION. Sec. 6. 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 July 1, 1993.