AN ACT
Relating to public hazard claims; adding new sections to chapter 4.24 RCW;
creating a new section; repealing RCW 4.24.600, 4.24.610, 4.24.620, and
4.16.380; repealing 1993 c 17 s 4 (uncodified); and providing an effective
date.
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:
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,
other confidential research, development, or commercial 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. A new section is added
to chapter 4.24 RCW to read as follows:
As
used in section 1 of this act and this section:
(1)(a)
"Product liability/hazardous substance claim" means a claim for
damages for personal injury, wrongful death, or property damage caused by a
product or hazardous or toxic substances, that is an alleged hazard to the
public and that presents an alleged risk of similar injury to other members of
the public.
(b)
"Confidentiality provision" means any terms in a court order or a
private agreement settling, concluding, or terminating a product
liability/hazardous substance claim, that limit the possession, disclosure, or
dissemination of information about an alleged hazard to the public, whether
those terms are integrated in the order or private agreement or written
separately.
(c)
"Members of the public" includes any individual, group of
individuals, partnership, corporation, or association.
(2)
Except as provided in subsection (4) of this section, members of the public
have a right to information necessary for a lay member of the public to
understand the nature, source, and extent of the risk from alleged hazards to
the public.
(3)
Except as provided in subsection (4) of this section, members of the public
have a right to the protection of trade secrets as defined in RCW 19.108.010,
other confidential research, development, or commercial information concerning
products or business methods.
(4)(a)
Nothing in this chapter shall limit the issuance of any protective or discovery
orders during the course of litigation pursuant to court rules.
(b)
Confidentiality provisions may be entered into or ordered or enforced by the
court only if the court finds, based on the evidence, that the confidentiality
provision is in the public interest. In determining the public interest, the
court shall balance the right of the public to information regarding the
alleged risk to the public from the product or substance as provided in
subsection (2) of this section against the right of the public to protect the
confidentiality of information as provided in subsection (3) of this section.
(5)(a)
Any confidentiality provisions that are not adopted consistent with the
provisions of this section are voidable by the court.
(b)
Any confidentiality provisions that are determined to be void are severable
from the remainder of the order or agreement notwithstanding any provision to
the contrary and the remainder of the order or agreement shall remain in force.
(c)
Nothing in section 1 of this act and this section prevents the court from
denying the request for confidentiality provisions under other law nor limits
the scope of discovery pursuant to applicable court rules.
(6) In
cases of third party actions challenging confidentiality provisions in orders
or agreements, the court has discretion to award to the prevailing party actual
damages, costs, reasonable attorneys' fees, and such other terms as the court
deems just.
(7)
The following acts or parts of acts are each repealed on the effective date of
this section:
(a)
RCW 4.24.600 and 1993 c 17 s 1;
(b)
RCW 4.24.610 and 1993 c 17 s 2;
(c)
RCW 4.24.620 and 1993 c 17 s 3;
(d)
RCW 4.16.380 and 1993 c 17 s 5; and
(e)
1993 c 17 s 4 (uncodified).
NEW
SECTION. Sec. 3. This act applies to all
confidentiality provisions entered or executed with respect to product
liability/hazardous substance claims on or after May 1, 1994.
NEW SECTION. Sec. 4. 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 May 1, 1994.
