What's happening
This bill prohibits court orders and agreements that conceal public hazards, requiring disclosure of information to protect public safety.
Why it matters
Increases transparency around public hazards. By voiding any court orders or agreements that conceal information about dangers to the public (like defective products, hazardous procedures, or property), the bill helps ensure that individuals and communities are informed about risks to their safety and can take preventive action.
Limits secrecy in legal settlements and court proceedings. The bill specifically targets “gag orders” or confidential settlements that hide information about hazards, making it harder for companies or individuals to avoid public accountability for dangerous practices or products.
Balances public interest with legitimate confidentiality needs. While mandating disclosure of information relevant to public hazards, the bill still protects trade secrets not directly related to the hazard and information privileged by law, attempting to strike a balance between transparency and the protection of sensitive business or personal information.
Empowers a broad range of stakeholders to challenge secrecy. The bill grants legal standing to “substantially affected” persons—including media representatives—to challenge court orders or agreements that conceal public hazards, making it easier for whistleblowers, journalists, or concerned citizens to push for disclosure.
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Who cares
People injured or threatened by public hazards
The bill would bar court orders and contract provisions that conceal hazard information useful for preventing injury or property damage.
News organizations
Substantially affected news media representatives would have standing to challenge orders, judgments and agreements that conceal public hazards.
Businesses holding trade secrets
Courts would protect trade secrets unrelated to public hazards but could require release of hazard-related information after reviewing disputed materials privately.
State agencies and local governments
Records relating to settlements of claims against governmental entities would be subject to public disclosure when they contain hazard information useful for preventing injury or property damage.
Headline styles
Make Court Settlements Public
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Secrecy on Public Hazards
In Assembly Committee · Judiciary · Sponsor Helene Weinstein
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4235
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to enacting the "sunshine in litigation act" regarding protective orders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (a) of section 3103 of the civil practice law and rules, as amended by chapter 205 of the laws of 2013, is amended to read as follows:
(a) Prevention of abuse. [The] Subject to the provisions of section thirty-one hundred forty-three of this chapter, the court may at any time on its own initiative, or on motion of any party or of any person from whom or about whom discovery is sought, make a protective order denying, limiting, conditioning or regulating the use of any disclosure device. Such order shall be designed to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the courts.
§ 2. The civil practice law and rules is amended by adding a new article 31-A to read as follows:
ARTICLE 31-A
SUNSHINE IN LITIGATION ACT Section 3141. Short title.
3142. Definitions.
3143. Sunshine in litigation; concealment of public hazards
prohibited.
§ 3141. Short title. This article shall be known and may be cited as the "sunshine in litigation act".
§ 3142. Definitions. When used in this article, unless otherwise so stated, the following terms shall have the following meanings:
(a) Governmental entity. "Governmental entity" shall mean the state and any county, city, town, village or any other political subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00877-01-9
S. 4235 2
of the state, and every department, board, bureau, agency, public authority or other governmental instrumentality of the state or a political subdivision of the state.
(b) Public hazard. "Public hazard" shall mean any condition of any device, instrument, person, procedure, product or property that has caused injury to the person or property of another, or which, unless altered, removed, reassembled or changed in some manner, creates a risk of injury to person or property in the future.
(c) Trade secret. "Trade secret" shall mean information, technical or non-technical, including, but not limited to, a formula, pattern, compilation, program, device, method, technique or process that:
1. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means, by other persons who can obtain economic value from its disclosure or use; and
2. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
§ 3143. Sunshine in litigation; concealment of public hazards prohibited. (a) Except in strict compliance with the provisions of this section, no court shall enter, order or render a judgment in any action or proceeding brought in this state which has the purpose or effect of concealing a public hazard or concealing any pertinent information that would identify a public hazard, nor shall the court enter an order or render a judgment which has the purpose or effect of concealing any information that may be useful to members of the public in protecting their person or property from damage or injury that may result from contact with a public hazard.
(b) Trade secrets which are not directly related to public hazards shall be protected and not ordered to be released. In addition, the provisions of this section shall not apply to other information that is confidential because it is privileged under any provision of state or federal law.
(c) Any provision of any agreement or contract entered into within this state or pertaining to persons or property within this state, which has the purpose or effect of concealing a public hazard or concealing any information that would identify a public hazard, which information may be useful to members of the public in protecting their person or property from damage or injury resulting from contact with a public hazard, is hereby declared to be void and contrary to public policy, and shall not be enforced by the courts of this state, or otherwise.
(d) Any substantially affected person or representative of the estate of such person, including but not limited to a representative of the news media, shall be deemed to have standing to bring an action or proceeding in a court of competent jurisdiction to contest an order, judgment, agreement or contract on the grounds that it violates the provisions of this section requiring disclosure of the existence of a public hazard. Such person may contest such an order, judgment, agreement or contract by motion brought before the court that entered the order or judgment.
(e) Upon motion and good cause shown by a party attempting to prevent release of information or materials allegedly concealing the existence of a public hazard, including but not limited to disputes wherein such information is alleged to be a trade secret protected by law, the court shall examine the disputed information or materials in camera. If the court determines that the information or materials or portions thereof consist of information concerning a public hazard or information that
S. 4235 3
may be useful to members of the public in protecting themselves from injury to person or property that may result from contact with such a public hazard, the court shall order release of the information or materials. If such release is ordered, the court shall allow release of only that portion of the information or materials necessary or useful to the public in identifying the public hazard, and in protecting their person or property from damage or injury that may result from contact with the public hazard.
(f) Any provision of any agreement or contract entered into within this state, or pertaining to persons or property within this state, that has the purpose or effect of concealing information relating to the settlement or resolution of any claim or action against any governmental entity and that may be useful to members of the public in protecting their person or property from damage or injury that may result from contact with a public hazard is hereby declared to be void and contrary to public policy, and shall not be enforced by the courts of this state, or otherwise. Any document, record, contract or agreement relating to any settlement, as set forth in this subdivision, shall be deemed a public record subject to disclosure pursuant to article six of the public officers law. The failure or refusal of any party to an action or proceeding, or other person in custody of such a record, to disclose and provide any document, record, contract or agreement as set forth in this subdivision shall be subject to the sanctions as set forth in article six of the public officers law, pursuant to the applicable law or rule.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to enacting the "sunshine in litigation act" regarding protec- tive orders
Purpose of bill
To enact the Sunshine in Litigation Act to prohibit settlement agree- ments which conceal a public hazard or any information that would iden- tify a public hazard.
Summary of provisions of bill
Section 3141 titles the bill "Sunshine in Litigation Act".
Section 3142 defines governmental entity, public hazard, and trade secret.
Section 3143 (a) prohibits the court from entering an order or judgement which has the purpose or effect of concealing a public hazard or infor- mation that may be useful to the public in protecting from a public hazard.
Section 3143 (b) provides that trade secrets which are not pertinent to public hazards shall not be subject to disclosure.
Section 3143 (c) provides that any agreement or contract which has the purpose or effect of concealing a public hazard is Void as contrary to public policy and may not be enforced by New York courts or otherwise.
Section 3143 (d) provides standing to any substantially affected person, including news media, to bring an action to challenge an order, agree- ment or contract on grounds that it prevents the disclosure of a public hazard.
Section 3143 (e) provides that the courts will review motions to prevent disclosure "in camera" upon good cause. Only necessary information vital to the protection of the public will be disclosed by the court. Valuable trade secrets and confidential information will remain protected.
Section 3143 (d) provides that any settlement involving government enti- ties that conceals issues of public hazards is void and unenforceable. Documents related to government case settlements are subject to FOIL.
Justification
Secrecy agreements that conceal public hazards undermine the civil justice system and endanger New Yorkers by keeping information vital to their health and safety from public view. Secret settlements also have a corrosive effect on public confidence in the courts.
The recent recall and controversy surrounding Firestone tires under- scores the need for the "Sunshine in Litigation" reforms. Victims of the dangerous tires began seeking justice in the courts in 1992, but it was not until 2000 that the tires were recalled. During the interim there were dozens of lawsuits settled out of court in which Firestone demanded and obtained secrecy orders. These effectively blocked the release to the public of information about the potential dangers associated with the tires. As a result, there were many unnecessary deaths and injuries which could have been avoided. Other examples of secret settlements that concealed ongoing harm to the public are asbestos, silicone breast implants, and DES synthetic estrogen.
A number of other states have enacted disclosure laws, including South Carolina, Texas, Florida, Louisiana, and Washington.
Legislative history
New bill.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect 30 days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.