| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/05/09. Referred to Committee on Judiciary.
AN ACT Relating to legal proceedings involving public hazards; amending RCW 4.24.611 and 4.24.601; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that an informed
public is better able to protect itself against risk of loss from
public hazards and that, to have an informed public: (1) Access to
reasonable information regarding public hazards is required; and (2)
courts should not be used to shield information necessary to protect
the safety of the public. The legislature further finds that the
marketplace works most efficiently when competition is based on
consumers being able to make fully informed choices about items placed
in the stream of commerce. Therefore, the legislature intends there to
be a presumption against the sealing of court documents relative to
public hazards as defined in this act.
Sec. 2 RCW 4.24.611 and 1994 c 42 s 2 are each amended to read as
follows:
As used in RCW 4.24.601 and this section:
(1)(a) "Product liability/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)) public hazard.
(b) "Confidentiality provision" means any terms in a court order or
a private agreement settling, concluding, or terminating a product
liability/an alleged hazard
to the public)) a public hazard, 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.
(d) "Public hazard" means a condition of a product that has caused,
or can be reasonably expected to cause death or serious bodily harm or
other serious harm to a person unaware of the condition.
(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. At the conclusion of the litigation, the court shall
review all discovery or protective orders issued during litigation for
compliance with this section.
(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)) does
not conceal the existence of a public hazard. In determining ((the
public interest)) whether to allow a confidentiality provision to be
entered, 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.
(c) No agreement between parties involving the final resolution of
a case in litigation involving a public hazard may require a party to
agree to withhold or remain silent on information regarding a public
hazard as a condition of achieving a settlement of the litigation.
(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 RCW 4.24.601 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 May
1, 1994:)) Except for monetary damage claims
reduced to final judgment by a superior court, this section applies to
all causes of action that exist on or after July 1, 2009.
(a) RCW 4.24.600 and 1993 c 17 § 1;
(b) RCW 4.24.610 and 1993 c 17 § 2;
(c) RCW 4.24.620 and 1993 c 17 § 3;
(d) RCW 4.16.380 and 1993 c 17 § 5; and
(e) 1993 c 17 § 4 (uncodified).
Sec. 3 RCW 4.24.601 and 1994 c 42 s 1 are each amended 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)) a public
hazard. 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.