6484-S.E AMH JUD H4425.2

6484-S.E AMH JUD H4425.2

ESSB 6484 - H COMM AMD

By Committee on Judiciary

Strike everything after the enacting clause and insert the following:

"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, both individuals and businesses, 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, confidential research, and proprietary, commercial, or financial 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 this section:

(1)(a) "Public hazard claim" means a claim for damages for personal injury, wrongful death, or property damage caused by an allegedly unsafe product or allegedly hazardous or toxic substances, that presents a risk of similar injury to other members of the public.

(b) "Confidentiality provision" means any terms in a court order or a private agreement terminating a public hazard claim, that limit the possession, disclosure, or dissemination of information about an alleged public hazard, whether those terms are integrated in the order or private agreement or written separately.

(2) 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 alleged from the public hazard, in order to protect themselves against public hazards, except as provided in subsection (4) of this section.

(3) Members of the public have a right to the protection of trade secrets as defined in RCW 19.108.010; confidential research, development, proprietary, financial, or commercial information concerning products or business methods; or personal information; except as provided in subsection (4) of this section.

(4)(a) Confidentiality provisions may be ordered by the court as part of temporary orders as to any matters the court deems appropriate without regard to this chapter.

(b) If the court determines by summary judgment or judgment after trial that no public hazard exists, confidentiality provisions may be ordered by the court as to any matters the court deems appropriate without regard to this chapter.

(c) If the court determines by summary judgment or judgment after trial that a public hazard exists, confidentiality provisions may be ordered by the court only as to any information the court finds not necessary for a lay member of the public to understand the nature, source, and extent of the risk from the public hazard.

(d) When public hazard claims are resolved other than by summary judgment or judgment after trial, confidentiality provisions may be ordered or enforced by the court only when the court finds, based on the evidence, that the confidentiality provisions are in the public interest. In determining the public interest, the court shall balance the right of the public to protect themselves from public hazards 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.

(e) Any confidentiality provisions in private agreements that are not adopted consistent with the provisions of this section are voidable by the court.

(f) Any confidentiality provisions related to public hazard claims that are determined 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.

(g) Nothing in sections 1 and 2 of this act prevents the court from denying the request for confidentiality provisions under other law nor limits the scope of discovery pursuant to court rule.

(5) In cases of third party actions challenging confidentiality provisions in orders or agreements, the court has discretion to award to the prevailing party actual damage, costs, reasonable attorneys' fees, and such other terms as the court deems just.

(6) 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;

(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 public hazard claims on or after July 25, 1993.

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 immediately."