PRINTER'S NO. 4236
No. 2978 Session of 1990
INTRODUCED BY MICHLOVIC, McVERRY, BOYES, TANGRETTI, PESCI,
STABACK, PISTELLA, GIGLIOTTI, MIHALICH, COLAIZZO, MELIO,
BLAUM, TIGUE, JOSEPHS, SAURMAN AND MAINE, NOVEMBER 12, 1990
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 12, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 concealment of public hazards; providing that a court may not
4 enter a judgment which conceals a public hazard; providing
5 that certain contracts or agreements are void; providing
6 standing for certain persons; and providing for an action for
7 declaratory judgment.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Title 42 of the Pennsylvania Consolidated
11 Statutes is amended by adding a section to read:
12 § 6141.1. Concealment of public hazards prohibited.
13 (a) Prohibition.--Except pursuant to this section, no court
14 shall enter an order or judgment which has the purpose or effect
15 of concealing a public hazard or any information concerning a
16 public hazard, nor shall the court enter an order or judgment
17 which has the purpose or effect of concealing any information
18 which may be useful to members of the public in protecting
19 themselves from injury which may result from the public hazard.
20 (b) Void provisions.--Any portion of an agreement or
1 contract which has the purpose or effect of concealing a public
2 hazard, any information concerning a public hazard or any
3 information which may be useful to members of the public in
4 protecting themselves from injury which may result from the
5 public hazard is void, contrary to public policy and may not be
6 enforced.
7 (c) Trade secrets.--Trade secrets which are not pertinent to
8 public hazards shall be protected.
9 (d) Standing to contest.--Any substantially affected person,
10 including, but not limited to, representatives of news media,
11 has standing to contest an order, judgment, agreement or
12 contract that violates this section. A person may contest an
13 order, judgment, agreement or contract that violates this
14 section by motion in the court that entered the order or
15 judgment, or by bringing a declaratory judgment action.
16 (e) Examination by court.--Upon motion and good cause shown
17 by a party attempting to prevent disclosure of information or
18 materials which have not previously been disclosed, including,
19 but not limited to, alleged trade secrets, the court shall
20 examine the disputed information or materials in camera. If the
21 court finds that the information or materials or portions
22 thereof consist of information concerning a public hazard or
23 information which may be useful to members of the public in
24 protecting themselves from injury which may result from a public
25 hazard, the court shall allow disclosure of the information or
26 materials. If allowing disclosure, the court shall allow
27 disclosure of only that portion of the information or materials
28 necessary or useful to the public regarding the public hazard.
29 (f) Definition.--As used in this section, the term "public
30 hazard" means an instrumentality, including, but not limited to,
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1 any device, instrument, person, procedure, product, or a
2 condition of a device, instrument, person, procedure or product,
3 that has caused and is likely to cause injury.
4 Section 2. This act shall apply to causes of action accruing
5 on or after the effective date of this act.
6 Section 3. This act shall take effect in 60 days.
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