Bill Text: NC S625 | 2013-2014 | Regular Session | Amended

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Bill Title: Limit Confidentiality Agreements

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2013-04-24 - Re-ref Com On Judiciary I [S625 Detail]

Download: North_Carolina-2013-S625-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                     1

SENATE BILL 625

 

 

Short Title:        Limit Confidentiality Agreements.		(Public)
Sponsors:	Senators McKissick, Bingham (Primary Sponsors); and Goolsby.
Referred to:	Rules and Operations of the Senate.

April 4, 2013

A BILL TO BE ENTITLED

AN ACT TO LIMIT THE USE OF SECRECY ORDERS AND Confidentiality AGREEMENTS IN CERTAIN CIVIL ACTIONS.

The General Assembly of North Carolina enacts:

SECTION 1.  The General Statutes are amended by adding a new Chapter to read:

"Chapter 7C.

"Concealment of Public Hazards.

"§ 7C‑1.  Definitions.

As used in this Chapter:

(1)        Confidentiality agreement. – Any terms in a court order or a private agreement settling, concluding, or terminating a claim involving a public hazard, whether those terms are integrated in the order or private agreement or written separately.

(2)        Final protective order. – An order of any court of competent jurisdiction determining that a particular document or documents shall be protected from public disclosure.

(3)        Public hazard. – A release or threatened release of any substance that poses a threat to public health or safety by presenting a present or future danger of death, bodily injury, or physical or emotional disability to persons exposed to any such substance.

"§ 7C‑2.  Concealment of certain public hazards prohibited.

In actions alleging personal injury, wrongful death, or monetary or property damages caused by a public hazard, no confidentiality agreement may be entered into or enforced by the court unless a final protective order regarding that information is entered. Prior to entering a final protective order, the court must find that the confidentiality agreement is in the public interest. In determining the public interest, the court shall balance the right of the public to information regarding the alleged risk to the public hazard against the right of the public to protect the confidentiality of trade secrets and other confidential research or development or commercial information concerning products or business methods.

"§ 7C‑3.  Appeal of final protective order.

Any interested party may appeal the grant or denial of a final protective order to the court of appeals, in accordance with the North Carolina Rules of Appellate Procedure. For purposes of the appeal, the grant or denial of a final protective order shall be considered a final judgment. The appellate court shall conduct de novo review of the motion and documents as to which a final protective order has been sought."§ 7C‑4.  Exclusions.

(a)        Nothing in this section shall be deemed to limit a court's authority or discretion to prohibit the enforcement of a part or all of any confidentiality agreement, settlement agreement, stipulated agreement, or protective order in any other cases.

(b)        Nothing in this section shall be deemed to prohibit or compel the disclosure of the monetary amount of the settlement agreement or the entry of an enforcement order of that part of a confidentiality agreement, settlement agreement, or stipulated agreement between the parties which requires the nondisclosure of the amount of any money paid in settlement of a claim."

SECTION 2.  This act is effective when it becomes law.