S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5632
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  SIMOTAS, DINOWITZ, GLICK, NOLAN,
   CAHILL, TAYLOR -- Multi-Sponsored by -- M. of A.  BARRON,  CYMBROWITZ,
   D'URSO,  ENGLEBRIGHT,  GALEF,  GOTTFRIED, JAFFEE, LUPARDO, MAGNARELLI,
   NIOU, SIMON -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  enact-
   ing the "sunshine in litigation act" regarding protective orders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, 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 arti-
 cle 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00877-01-9

 A. 5632                             2
 
   (A) GOVERNMENTAL ENTITY. "GOVERNMENTAL ENTITY" SHALL  MEAN  THE  STATE
 AND  ANY  COUNTY, CITY, TOWN, VILLAGE OR ANY OTHER POLITICAL SUBDIVISION
 OF THE STATE,  AND  EVERY  DEPARTMENT,  BOARD,  BUREAU,  AGENCY,  PUBLIC
 AUTHORITY  OR OTHER GOVERNMENTAL INSTRUMENTALITY OF THE STATE OR A POLI-
 TICAL 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, COMPI-
 LATION, 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  DISCLO-
 SURE OR USE; AND
   2.  IS  THE  SUBJECT  OF EFFORTS THAT ARE REASONABLE UNDER THE CIRCUM-
 STANCES TO MAINTAIN ITS SECRECY.
   § 3143. SUNSHINE IN LITIGATION; CONCEALMENT OF PUBLIC HAZARDS  PROHIB-
 ITED.  (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,  AGREE-
 MENT  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

 A. 5632                             3
 
 COURT  DETERMINES THAT THE INFORMATION OR MATERIALS OR PORTIONS  THEREOF
 CONSIST OF INFORMATION CONCERNING A PUBLIC HAZARD  OR  INFORMATION  THAT
 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 MATE-
 RIALS. 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.