Amendment No. 181

Senate Amendment to Senate Bill No. 375 (BDR 52-900)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 3, by deleting lines 4 through 11 and inserting:

"[4.] 5. "Trade secret" means information, including , without limitation, a formula, pattern, compilation, program, device, method, technique [or process,] , product, system, process, design, prototype, procedure or code that:

(a) Derives independent economic value, [present] actual or".

Amend sec. 2, page 3, line 15, by deleting "[(b)] (2)" and inserting "(b)".

Amend sec. 2, page 3, by deleting lines 17 through 22.

Amend sec. 4, page 4, line 6, after "reckless" by inserting "misappropriation or".

Amend sec. 5, page 4, by deleting lines 11 through 39 and inserting:

"600A.070 In [an action under this chapter,] any civil or criminal action, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include [granting] , without limitation:

1. Granting protective orders in connection with discovery proceedings [, holding] ;

2. Holding hearings in camera [, sealing] ;

3. Sealing the records of the action [, and ordering] ;

4. Determining the need for any information related to the trade secret before allowing discovery;

5. Allowing the owner of the trade secret to obtain a signed agreement of confidentiality from any party who obtains knowledge of the trade secret;

6. Ordering a person who obtains knowledge of the trade secret to return to the owner of the trade secret any writing which reflects or contains the trade secret; and

7. Ordering any person involved in the litigation not to disclose an alleged trade secret without previous court approval.".