First Regular Session S.B. 1145
COMMITTEE ON COMMERCE
SENATE AMENDMENTS TO S.B. 1145
(Reference to printed bill)
Page 1, lines 14 through 17, strike "UNLESS OTHERWISE ORDERED BY A COURT, THE COMMISSION SHALL KEEP CONFIDENTIAL ANY DOCUMENT, RECORD OR INFORMATION THAT THE COMMISSION RECEIVES AS A RESULT OF A SUBPOENA."
Strike lines 23 through 27, insert:
"B. IN COMPLYING WITH A SUBPOENA, THE RECIPIENT OF THE SUBPOENA MAY CERTIFY UNDER OATH THAT DOCUMENTS RESPONSIVE TO THE SUBPOENA ARE TRADE SECRETS AS DEFINED IN SECTION 44-401. THE SUBPOENAED PARTY SHALL SPECIFICALLY IDENTIFY TO THE COMMISSION THE PORTION OF THE DOCUMENT THAT CONTAINS THE TRADE SECRET AND THE REASON IT IS A TRADE SECRET. THE COMMISSION MAY NOT MAKE PUBLIC ANY INFORMATION IDENTIFIED UNDER OATH AS A TRADE SECRET WITHOUT FIRST REDACTING THE INFORMATION FROM THE DOCUMENT OR NOTIFYING THE PARTY AT LEAST FOURTEEN DAYS BEFORE THE COMMISSION INTENDS TO MAKE THE COMPLETE DOCUMENT PUBLIC. THE PARTY MAY APPLY TO THE SUPERIOR COURT FOR INJUNCTIVE RELIEF ON THE BASIS THAT DISCLOSURE OF THE INFORMATION WILL CAUSE THE PARTY IRREPARABLE HARM. IF THE COURT FINDS THAT THE TRADE SECRET CERTIFICATION OR REQUEST FOR INJUNCTIVE RELIEF IS MADE IN BAD FAITH, THE COURT SHALL EXERCISE ITS CONTEMPT POWERS."
After line 36, insert: "Sec. 2. Section 44-2042, Arizona Revised Statutes, is amended to read:
44-2042. Confidentiality
A. The names of complainants and all information or documents obtained by any officer, employee or agent of the commission, including the shorthand reporter or stenographer transcribing the reporter's notes, in the course of any examination or investigation are confidential unless the names, information or documents are made a matter of public record. An officer, employee or agent of the commission shall not make the confidential names, information or documents available to anyone other than a member of the commission, another officer or employee of the commission, an agent who is designated by the commission or director, the attorney general or law enforcement or regulatory officials, except pursuant to any A rule of the commission or unless the commission or the director authorizes the disclosure of the names, information or documents as not contrary to the public interest.
B. The commission shall not disclose the home address, home telephone number and social security number of a salesman unless the commission or the director authorizes the disclosure of the information as not contrary to the public interest."
Amend title to conform