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Assembly Bill A8065

2013-2014 Legislative Session

Prohibits confidential settlements by the state

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Archive: Last Bill Status - In Assembly Committee

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2013-A8065 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 50 R5022, CPLR

2013-A8065 (ACTIVE) - Summary

Prohibits confidential settlements by the state.

2013-A8065 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8065

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section 1. Article 50 of the civil practice law and rules  is  amended
by adding a new rule 5022 to read as follows:
  RULE  5022.  CONFIDENTIAL  SETTLEMENTS  BY  THE  STATE PROHIBITED. (A)
EXCEPT AS PROVIDED IN SUBDIVISION (B) OF THIS RULE, ANY PROVISION OF ANY
AGREEMENT OR CONTRACT ENTERED INTO  BY  THE  STATE  OR  ANY  DEPARTMENT,
BOARD,  BUREAU,  DIVISION, COMMISSION, COMMITTEE, OR OFFICE THEREOF, THE
LEGISLATURE OF THE STATE OF NEW YORK OR ANY HOUSE THEREOF, INCLUDING ANY
COMMITTEE, SUBCOMMITTEE, JOINT COMMITTEE, SELECT COMMITTEE,  OR  COMMIS-
SION  THEREOF,  THE  UNIFIED  COURT  SYSTEM,  OR  ANY STATE AUTHORITY AS
DEFINED BY SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES  LAW
THAT HAS THE PURPOSE OR EFFECT OF CONCEALING INFORMATION RELATING TO THE
SETTLEMENT OR RESOLUTION OF ANY CLAIM OR ACTION, WHETHER SUCH SETTLEMENT
OR  RESOLUTION  ADDRESSES  ANY  FORMAL OR INFORMAL INTERNAL COMPLAINT OR
ANTICIPATED, THREATENED OR COMMENCED LITIGATION, IS HEREBY  DECLARED  TO
BE  VOID AND CONTRARY TO PUBLIC POLICY, AND SHALL NOT BE ENFORCED BY THE
COURTS OF THIS STATE, OR OTHERWISE.
  (B) PROVIDED, HOWEVER, THE NAME OF ANY  PERSON  WHO  CLAIMS  TO  BE  A
VICTIM  OF  SEXUAL  ABUSE,  SEXUAL ASSAULT OR SEXUAL HARASSMENT WHO IS A
PARTY TO A SETTLEMENT AGREEMENT PURSUANT TO SUBDIVISION (A) OF THIS RULE
SHALL BE WITHHELD FROM DISCLOSURE AT THE REQUEST OF SUCH PERSON,  OR  BY
ORDER  OF  THE COURT. IN ADDITION, ANY INFORMATION THAT WOULD CONSTITUTE
AN UNWARRANTED INVASION OF PERSONAL  PRIVACY  UNDER  THE  PROVISIONS  OF
SUBDIVISION  TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW SHALL
ALSO BE WITHHELD FROM DISCLOSURE AT THE REQUEST OF SUCH  PERSON,  OR  BY
ORDER OF THE COURT.
  S  2.  This  act  shall take effect immediately and shall apply to all
settlement agreements entered into on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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