(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 411–Committee on Judiciary

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions governing confidentiality of certain information. (BDR 3‑36)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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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 entering an order or judgment that has the purpose or effect of concealing a substantial public hazard or information concerning a substantial public hazard; providing that any portion of an agreement or a contract that has the purpose or effect of concealing a substantial public hazard or information concerning a substantial public hazard is void; providing that if the labor commissioner enters into, effects or approves any compromise or settlement concerning an alleged violation of labor laws, the terms and conditions of the compromise or settlement are not confidential; 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 thereto a new

1-2  chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of

1-3  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 6, inclusive, of this

1-6  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 substantial public hazard” means

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

1-10  useful to members of the public in protecting themselves from substantial

1-11  bodily injury or death which may result from the substantial public

1-12  hazard.

1-13    Sec. 5.  “Protected information” includes:

1-14    1.  Any information that is confidential pursuant to federal or state

1-15  law.

1-16    2.  A trade secret. As used in this subsection, “trade secret” has the

1-17  meaning ascribed to it in NRS 600A.030.

2-1    Sec. 6.  “Substantial public hazard” means any instrumentality,

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

2-3  procedure or product that has caused or is likely to cause substantial

2-4  bodily injury or death.

2-5    Sec. 7.  Except as otherwise provided in section 9 of this act:

2-6    1.  A court shall not enter an order or a judgment that has the

2-7  purpose or effect of concealing:

2-8    (a) A substantial public hazard; or

2-9    (b) Information concerning a substantial public hazard.

2-10    2.  Any portion of an agreement or a contract that has the purpose or

2-11  effect of concealing a substantial public hazard or information

2-12  concerning a substantial public hazard is void as against the public

2-13  policy of this state.

2-14    Sec. 8.  1.  Any person has standing to contest an order or a

2-15  judgment that allegedly has the purpose or effect of concealing a

2-16  substantial public hazard or information concerning a substantial public

2-17  hazard by filing a motion in the court which entered the order or

2-18  judgment.

2-19    2.  Any person has standing to contest an agreement or a contract

2-20  that allegedly has the purpose or effect of concealing a substantial public

2-21  hazard or information concerning a substantial public hazard by

2-22  bringing an action for declaratory judgment pursuant to chapter 30 of

2-23  NRS.

2-24    Sec. 9.  1.  The provisions of this chapter must not be construed to

2-25  allow the disclosure of protected information.

2-26    2.  A person may seek to prevent disclosure pursuant to this chapter

2-27  of information that allegedly constitutes protected information by filing

2-28  with the court a motion to prevent disclosure of the information. Upon

2-29  the filing of such a motion, the court shall examine, in camera, the

2-30  information that is the subject of the motion.

2-31    3.  If, after examining the information, the court finds that all or part

2-32  of the information that is the subject of the motion constitutes protected

2-33  information, the court shall enter an order prohibiting public disclosure

2-34  of the information to the extent that it constitutes protected information.

2-35    Sec. 10.  Chapter 607 of NRS is hereby amended by adding thereto a

2-36  new section to read as follows:

2-37    If the labor commissioner enters into, effects or approves any

2-38  compromise or settlement of a claim or dispute concerning or arising out

2-39  of an alleged violation of the labor laws of this state, the terms and

2-40  conditions of the compromise or settlement:

2-41    1.  Must be made available to the public upon request; and

2-42    2.  Must not include any confidentiality clause, gag clause or similar

2-43  clause, and any such clause that is included in the terms and conditions

2-44  of the compromise or settlement is void as against the public policy of

2-45  this state.

2-46    Sec. 11.  1.  The amendatory provisions of sections 1 to 9, inclusive,

2-47  of this act apply to:

2-48    (a) An order or judgment entered on or after the effective date of this

2-49  act.

3-1    (b) An agreement or a contract executed on or after the effective date of

3-2  this act.

3-3    2.  The amendatory provisions of section 10 of this act apply to any

3-4  compromise or settlement that is executed on or after the effective date of

3-5  this act.

3-6    Sec. 12.  This act becomes effective upon passage and approval.

 

3-7  H