Senate bill · S9765 (2025-26)

Enacts the "sunshine in litigation act" regarding protective orders

New York State Senate

Same as A7473, the matching bill in the Assembly.

Latest action Jun 5, 2026

Sponsor: Luis R. Sepúlveda (State Senator, District 32, Democratic)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

Summary

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 from NY Open Legislation. How we handle summaries

Purpose, from the sponsor's memo

To enact the Sunshine in Litigation Act to prohibit settlement agree- ments which conceal a public hazard or any information that would iden- tify a public hazard. SUMMARY SPECIFIC PROVISIONS: Section 3141 titles the bill "Sunshine in Litigation Act". Section 3142 defines governmental entity, public hazard, and trade secret. Section 3143 (a) prohibits the court from entering an order or judgement which has the purpose or effect of concealing a public hazard or infor- mation that may be useful to the public in protecting a public hazard. Section 3143 (b) provides that trade secrets which are not pertinent to public hazards shall not be subject to disclosure. Section 3143 (c) provides that any agreement or contract which has the purpose or effect of concealing a public hazard is Void as contrary to public policy and may not be enforced by New York courts or otherwise. Section 3143 (d) provides standing to any substantially affected person, including news media, to bring an action to challenge an order, agree- ment or contract on grounds that it prevents the disclosure of a public hazard. Section 3143 (e) provides that the courts will review motions to prevent disclosure "in camera" upon good cause. Only necessary information vital to the protection of the public will be disclosed by the court. Valuable trade secrets and confidential information will remain protected. Section 3143 (d) provides that any settlement involving government enti- ties that conceals issues of public hazards is void and unenforceable. Documents related to government case settlements are subject to FOIL.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

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The sponsor's argument

Why Luis R. Sepúlveda says this is needed

Secrecy agreements that conceal public hazards undermine the civil justice system and endanger New Yorkers by keeping information vital to their health and safety from public view. Secret settlements also have a corrosive effect on public confidence in the courts. The recent recall and controversy surrounding Firestone tires under- scores the need for the "Sunshine in Litigation" reforms. Victims of the dangerous tires began seeking justice in the courts in 1992, but it was not until 2000 that the tires were recalled. During the interim there were dozens of lawsuits settled out of court in which Firestone demanded and obtained secrecy orders. These effectively blocked the release to the public of information about the potential dangers associ- ated with the tires. As a result, there were many unnecessary deaths and injuries which could have been avoided. Other examples of secret settle- ments that concealed ongoing harm to the public are asbestos, silicone breast implants, and DES synthetic estrogen. A number of other states have enacted disclosure laws, including South Carolina, Texas, Florida, Louisiana, and Washington.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

Vote: Committee vote · Judiciary
Senate JudiciaryMay 5, 2026Result: passed
(18) (1) (0) (0)

Full history

Jun 5, 2026
In committee
COMMITTED TO RULES
NY Senate
May 7, 2026
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
May 6, 2026
2ND Report CAL.
2ND REPORT CAL.
NY Senate
May 5, 2026
1ST Report CAL.914
1ST REPORT CAL.914
NY Senate
Apr 6, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Senate

Show full history (2 earlier events)

Jan 7, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Mar 28, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.