New York 2025-2026 Regular Session

New York Senate Bill S03837

Introduced
1/30/25  

Caption

Enacts the "sunshine in litigation act" regarding protective orders to prohibit settlement agreements which conceal a public hazard or any information that would identify a public hazard.

Summary

Bill S03837, known as the "Sunshine in Litigation Act," aims to amend the civil practice law and rules in New York to prevent the concealment of public hazards through protective orders or settlement agreements. The bill establishes that no court may enter an order that conceals a public hazard or pertinent information that could help the public protect themselves from such hazards. It defines public hazards, trade secrets, and governmental entities, and outlines the conditions under which information about public hazards must be disclosed.

Impact

If enacted, the Sunshine in Litigation Act would significantly alter the legal landscape regarding protective orders and confidentiality agreements in New York. It would ensure that any agreements or court orders that conceal public hazards are deemed void and contrary to public policy. This change would enhance public access to information about potential risks and liabilities, thereby promoting transparency and accountability among governmental entities and private parties.

Sentiment

The general sentiment around Bill S03837 appears to be supportive among advocates for transparency and public safety, as it seeks to empower individuals and the media to contest orders that may hide critical safety information. However, there may be concerns from businesses and legal entities regarding the implications for trade secrets and the potential for increased litigation.

Contention

Notable points of contention include the balance between protecting trade secrets and ensuring public safety. Some stakeholders may argue that the bill could undermine proprietary information, while proponents assert that public health and safety should take precedence over confidentiality in cases involving public hazards. The debate may also touch on the implications for existing contracts and agreements that could be rendered void under the new provisions.

Companion Bills

NY A07473

Same As Enacts the "sunshine in litigation act" regarding protective orders to prohibit settlement agreements which conceal a public hazard or any information that would identify a public hazard.

Previously Filed As

NY S09765

Enacts the "sunshine in litigation act" regarding protective orders to prohibit settlement agreements which conceal a public hazard or any information that would identify a public hazard.

NY A07473

Enacts the "sunshine in litigation act" regarding protective orders to prohibit settlement agreements which conceal a public hazard or any information that would identify a public hazard.

NY S02552

Enacts the "sunshine in litigation act" regarding protective orders.

NY HB763

Provides for a public Settlement Agreement Information Database to contain certain information regarding settlements entered into by state agencies (EG NO IMPACT See Note)

NY HB6622

Sunshine for Regulatory Decrees and Settlements Act of 2025

NY SB1289

Hazardous materials: non-RCRA hazardous waste: landfill disposal.

NY HB2419

Providing an exception to KORA that authorizes certain retired KPERS members to have identifying information restricted from public access on public websites that identify home addresses or home ownership.

NY SB2252

Hazardous waste disposal; revise certain provisions regarding.

NY HB1621

Hazardous waste disposal; revise certain provisions regarding.

NY A00594

Creates the toxic information clearinghouse; provides substances hazardous to public health, safety or the environment that have been identified or listed as a hazardous waste in regulations promulgated pursuant to section 27-0903 or 37-0103 of the environmental conservation law; provides chemical hazard traits and environmental and toxicological end-point data.

Similar Bills

No similar bills found.