STATE OF NEW YORK
________________________________________________________________________
8065
2013-2014 Regular Sessions
IN ASSEMBLY
June 17, 2013
___________
Introduced by M. of A. SILVER -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules, in relation to prohib-
iting confidential settlements by the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 50 of the civil practice law and rules is amended
2 by adding a new rule 5022 to read as follows:
3 Rule 5022. Confidential settlements by the state prohibited. (a)
4 Except as provided in subdivision (b) of this rule, any provision of any
5 agreement or contract entered into by the state or any department,
6 board, bureau, division, commission, committee, or office thereof, the
7 legislature of the state of New York or any house thereof, including any
8 committee, subcommittee, joint committee, select committee, or commis-
9 sion thereof, the unified court system, or any state authority as
10 defined by subdivision one of section two of the public authorities law
11 that has the purpose or effect of concealing information relating to the
12 settlement or resolution of any claim or action, whether such settlement
13 or resolution addresses any formal or informal internal complaint or
14 anticipated, threatened or commenced litigation, is hereby declared to
15 be void and contrary to public policy, and shall not be enforced by the
16 courts of this state, or otherwise.
17 (b) Provided, however, the name of any person who claims to be a
18 victim of sexual abuse, sexual assault or sexual harassment who is a
19 party to a settlement agreement pursuant to subdivision (a) of this rule
20 shall be withheld from disclosure at the request of such person, or by
21 order of the court. In addition, any information that would constitute
22 an unwarranted invasion of personal privacy under the provisions of
23 subdivision two of section eighty-nine of the public officers law shall
24 also be withheld from disclosure at the request of such person, or by
25 order of the court.
26 § 2. This act shall take effect immediately and shall apply to all
27 settlement agreements entered into on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11496-02-3