New York S 3837: Relates to membership on the board of the metropolitan transportation authority

Bill Text

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S03837 Summary:

BILL NOS03837 

&nbsp

SAME ASSAME AS A07473

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §3103, add Art 31-A §§3141 - 3143, CPLR

&nbsp

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.

Go to top S03837 Actions:

BILL NOS03837 

&nbsp

01/30/2025REFERRED TO JUDICIARY

03/11/20251ST REPORT CAL.541

03/12/20252ND REPORT CAL.

03/13/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

Go to topS03837 Committee&nbspVotes:

Go to topS03837 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03837 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3837

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed 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:

 1 Section 1. Subdivision (a) of section 3103 of the civil practice law
 2 and rules, as amended by chapter 205 of the laws of 2013, is amended to
 3 read as follows:
 4 (a) Prevention of abuse. [The] Subject to the provisions of section
 5 thirty-one hundred forty-three of this chapter, the court may at any
 6 time on its own initiative, or on motion of any party or of any person
 7 from whom or about whom discovery is sought, make a protective order
 8 denying, limiting, conditioning or regulating the use of any disclosure
 9 device. Such order shall be designed to prevent unreasonable annoyance,
 10 expense, embarrassment, disadvantage, or other prejudice to any person
 11 or the courts.
 12 § 2. The civil practice law and rules is amended by adding a new arti-
 13 cle 31-A to read as follows:
 14 ARTICLE 31-A
 15 SUNSHINE IN LITIGATION ACT
 16 Section 3141. Short title.
 17 3142. Definitions.
 18 3143. Sunshine in litigation; concealment of public hazards
 19 prohibited.
 20 § 3141. Short title. This article shall be known and may be cited as
 21 the "sunshine in litigation act".
 22 § 3142. Definitions. When used in this article, unless otherwise so
 23 stated, the following terms shall have the following meanings:
 24 (a) Governmental entity. "Governmental entity" shall mean the state
 25 and any county, city, town, village or any other political subdivision

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06224-01-5

 S. 3837 2

 1 of the state, and every department, board, bureau, agency, public
 2 authority or other governmental instrumentality of the state or a poli-
 3 tical subdivision of the state.
 4 (b) Public hazard. "Public hazard" shall mean any condition of any
 5 device, instrument, person, procedure, product or property that has
 6 caused injury to the person or property of another, or which, unless
 7 altered, removed, reassembled or changed in some manner, creates a risk
 8 of injury to person or property in the future.
 9 (c) Trade secret. "Trade secret" shall mean information, technical or
 10 non-technical, including, but not limited to, a formula, pattern, compi-
 11 lation, program, device, method, technique or process that:
 12 1. derives independent economic value, actual or potential, from not
 13 being generally known to, and not being readily ascertainable by proper
 14 means, by other persons who can obtain economic value from its disclo-
 15 sure or use; and
 16 2. is the subject of efforts that are reasonable under the circum-
 17 stances to maintain its secrecy.
 18 § 3143. Sunshine in litigation; concealment of public hazards prohib-
 19 ited. (a) Except in strict compliance with the provisions of this
 20 section, no court shall enter, order or render a judgment in any action
 21 or proceeding brought in this state which has the purpose or effect of
 22 concealing a public hazard or concealing any pertinent information that
 23 would identify a