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.
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.