A03150 Summary:

BILL NOA03150
 
SAME ASNo same as
 
SPONSORWeinstein (MS)
 
COSPNSRGrannis, John, Sweeney
 
MLTSPNSRAubry, Brennan, Brodsky, Christensen, Clark, Cymbrowitz, Destito, Dinowitz, Galef, Glick, Gordon D, Gottfried, Greene, Lafayette, Lavelle, Magnarelli, McEneny, Ortiz, Paulin, Rivera J, Weisenberg
 
Amd S3103, add Art 31-A SS3141 - 3143, CPLR
 
Enacts the "sunshine in litigation act"; prohibits court from entering an order or rendering a judgment which has the purpose or effect of concealing a public hazard or any pertinent information that would identify a public hazard; also prohibits nondisclosure of information which may be useful to the public in protecting their person or property from injury that may result from contact with a public hazard; protects trade secrets and information which is otherwise confidential; voids contracts and agreements, including settlement and litigation resolution agreements, which conceal any such information; grants right of action to any substantially affected person, including the press, to enforce such provisions.
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A03150 Actions:

BILL NOA03150
 
01/23/2007referred to judiciary
01/09/2008referred to judiciary
06/16/2008reported referred to codes
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A03150 Floor Votes:

There are no votes for this bill in this legislative session.
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A03150 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3150                REV. 7/9/07
 
SPONSOR: Weinstein (MS)
  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 OR GENERAL IDEA OF BILL: To enact the Sunshine in Litigation Act to prohibit settlement agreements which conceal a public hazard or any information that would identify a public hazard.   SUMMARY OF SPECIFIC PROVISIONS: 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 judgment 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 (f) 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 under- mine the civil justice system and endanger New Yorkers by keeping infor- mation vital to their health and safety from Public view. Secret settle- ments 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.   PRIOR LEGISLATIVE HISTORY: 2007; A.3150 - Judiciary Committee 2006; A.5943 - Codes Committee 2005; A.5943 - Rules Committee 2004: A7017-B/S2995-A - Assembly Rules/Senate Codes Committee 2003: A7017-B/S2995-A - Assembly Rules Report Calendar #407 /Senate Codes Committee   FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect 30 days after it shall have become a law.
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