BILL REQ. #:  S-0640.1 

Read first time 02/01/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to concealment of public hazard information; adding a new section to chapter 4.24 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The intent of this act is to prevent confidentiality agreements in lawsuits involving a public hazard so that the public and public institutions are better able to identify newly emerging risks and prevent future injuries produced by similar situations, as well as to better identify the safety records of manufacturers, vendors, practitioners, and facilities.

NEW SECTION.  Sec. 2   A new section is added to chapter 4.24 RCW to read as follows:
     (1) This section may be cited as the "sunshine in public hazard litigation act."
     (2) As used in this section, "public hazard" means a condition, product, or practice that is reasonably likely to cause harm to others if not publicly disclosed.
     (3) Except pursuant to this section, a court shall not enter an order or judgment, or approve or enforce any provision of an agreement between or among parties to a civil action, 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 which has the purpose or effect of concealing any information which may be useful to members of the public in protecting themselves from injury which may result from a public hazard.
     (4) Any portion of an agreement or contract which has the purpose or effect of concealing: (a) One or more past incidents involving a public hazard; (b) any information concerning a public hazard; or (c) any information which may be useful to members of the public in protecting themselves from injury which may result from a public hazard, is void, contrary to public policy, and may not be enforced.
     (5) Trade secrets as defined in RCW 19.108.010 which are not pertinent to the public hazard shall be protected pursuant to chapter 19.108 RCW.
     (6) 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.
     (7) Upon motion and good cause shown by a party attempting to prevent disclosure of information or materials which 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 which may be useful to members of the public in protecting themselves from injury which 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.