Senate Bill No. 251–Senator Titus

 

March 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions governing confidentiality of certain information. (BDR 3‑572)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to confidentiality; prohibiting a court from knowingly entering an order or judgment that has the purpose or effect of concealing a public hazard or information concerning a public hazard; providing that any portion of an agreement or a contract that has the purpose or effect of concealing a public hazard or information concerning a public hazard is void; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Title 3 of NRS is hereby amended by adding

1-2  thereto a new chapter to consist of the provisions set forth as

1-3  sections 2 to 11, inclusive, of this act.

1-4  Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 8, inclusive,

1-6  of this act have the meanings ascribed to them in those sections.

1-7  Sec. 3.  “Court” means a district court in this state.

1-8  Sec. 4.  “Information concerning a public hazard” means

1-9  any information concerning a public hazard that may be useful to

1-10  members of the public in protecting themselves from physical

1-11  injury or death which may result from the public hazard.

1-12      Sec. 5.  “Person” includes a government, governmental

1-13  agency or political subdivision of a government.

 

2-1  Sec. 6.  “Physical injury” means:

2-2  1.  Permanent or temporary disfigurement of any part of the

2-3  body; or

2-4  2.  Impairment of any bodily function or organ of the body.

2-5  Sec. 7.  “Protected information” includes:

2-6  1.  Any information that is confidential pursuant to federal or

2-7  state law.

2-8  2.  A trade secret. As used in this subsection, “trade secret”

2-9  has the meaning ascribed to it in NRS 600A.030.

2-10      Sec. 8.  “Public hazard” means any instrumentality, device,

2-11  procedure, product or condition of any instrumentality, device,

2-12  procedure or product that has caused or is likely to cause physical

2-13  injury or death.

2-14      Sec. 9.  Except as otherwise provided in section 11 of this act:

2-15      1.  A court shall not knowingly enter an order or a judgment

2-16  that has the purpose or effect of concealing:

2-17      (a) A public hazard; or

2-18      (b) Information concerning a public hazard.

2-19      2.  Any portion of an agreement or a contract that has the

2-20  purpose or effect of concealing a public hazard or information

2-21  concerning a public hazard is void as against the public policy of

2-22  this state.

2-23      Sec. 10.  1.  Any person has standing to contest an order or

2-24  a judgment that allegedly has the purpose or effect of concealing a

2-25  public hazard or information concerning a public hazard by filing

2-26  a motion in the court which entered the order or judgment.

2-27      2.  Any person has standing to contest an agreement or a

2-28  contract that allegedly has the purpose or effect of concealing a

2-29  public hazard or information concerning a public hazard by

2-30  bringing an action for declaratory judgment pursuant to chapter

2-31  30 of NRS.

2-32      Sec. 11.  1.  The provisions of this chapter must not be

2-33  construed to allow the disclosure of protected information.

2-34      2.  A person may seek to prevent disclosure pursuant to this

2-35  chapter of information that allegedly constitutes protected

2-36  information by filing with the court a motion to prevent disclosure

2-37  of the information. Upon the filing of such a motion, the court

2-38  shall examine, in camera, the information that is the subject of the

2-39  motion.

2-40      3.  If, after examining the information, the court finds that all

2-41  or part of the information that is the subject of the motion

2-42  constitutes protected information, the court shall enter an order

2-43  prohibiting public disclosure of the information to the extent that

2-44  it constitutes protected information.

 

3-1  Sec. 12.  The amendatory provisions of this act apply to:

3-2  1.  An order or judgment entered on or after the effective date

3-3  of this act.

3-4  2.  An agreement or a contract executed on or after the effective

3-5  date of this act.

3-6  Sec. 13.  This act becomes effective upon passage and

3-7  approval.

 

3-8  H