S6623-2011 - NY Senate Open Legislation - Extends time limitations for certain actions arising contact with or exposure to phenoxy herbicides while serving as a member of the armed forces

Extends time limitations for certain actions arising from injury or death caused by contact with or exposure to phenoxy herbicides while serving as a member of the armed forces of the United States in Indo-China.

Sponsor: BALL
Law Section: Civil Practice / Law: Amd S4, Chap 266 of 1981

S6623-2011 Actions

Jun 11, 2012: SUBSTITUTED BY A9104
Jun 11, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
Jun 11, 2012: returned to senate
Jun 11, 2012: RECALLED FROM ASSEMBLY
Apr 18, 2012: referred to veterans' affairs
Apr 18, 2012: DELIVERED TO ASSEMBLY
Apr 18, 2012: PASSED SENATE
Mar 15, 2012: ADVANCED TO THIRD READING
Mar 14, 2012: 2ND REPORT CAL.
Mar 13, 2012: 1ST REPORT CAL.353
Mar 6, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S6623-2011 Meetings

Veterans, Homeland Security and Military Affairs: Mar 13, 2012

S6623-2011 Calendars

Active List: Apr 18, 2012 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: Apr 18, 2012

S6623-2011 Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Mar 13, 2012

Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino

VOTE: FLOOR VOTE: - Apr 18, 2012

Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Parker
Excused (3): Hannon, Huntley, Oppenheimer

S6623-2011 Memo

BILL NUMBER:S6623

TITLE OF BILL:
An act
to amend chapter 266 of the laws of 1981, amending the civil practice
law and rules relating to time limitations, in relation to extending
time limitations for certain actions

PURPOSE:
This legislation would extend from June 16, 2012 to June 16, 2014,
revival of time barred causes of action for an injury or death caused
by contact with or exposure to phenoxy herbicides for those persons
serving as members of the armed forces in Indo-China from February
28,1961 through May 7, 1975.

SUMMARY OF PROVISIONS:
Section one of the bill amends section 4 of Chapter 266 of the laws of
1981, stating that the revival of time barred phenoxy herbicide
personal injury or death cause of action would be extended to June
16, 2014.

Section two of the bill states the effective date.

JUSTIFICATION:
In enacting Chapter 266 of the Laws of 1981, it was the intent of the
Legislature, pursuant to the provisions of McKinney's Statute Section
59, to revive any actions for personal injury or death caused by
contact with or exposure to phenoxy herbicides, such as Agent Orange,
which are barred because the applicable period of limitations has
expired.

The Legislature found that there is credible scientific evidence that
exposure to these toxic substances has caused serious physical
disabilities, The legislature also found that the citizens of the
state who were exposed to these substances have been denied access to
the courts.

The Legislature further found that in the interest of justice, the
claims of the veterans of the Vietnam era should not be prohibited by
the holding that a cause of action accrues, and the statute of
limitations commences to run from the "date of injury". The
obstruction to the prosecution of legitimate claims by individuals who
served in Indo-China should be remedied by a discovery statute
of limitations.

The Legislature further finds that the compelling circumstances
present indicate a strong moral obligation by the State to revive the
time barred causes of action that have accrued in favor of citizens
of this State who served in the armed forces during the Vietnam era,
and had been exposed to and had come into contact with toxic chemical

substances, and suffered severe physical disabilities which were
undetected or undiscovered in later years.

It is imperative that New York State continues to provide an avenue of
redress for those people who have been injured by exposure to toxic
chemicals.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6623-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6623
 I N  SENATE
 March 6, 2012
 
 Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Veterans, Homeland Securi
 ty and Military Affairs
 

AN ACT to amend chapter 266 of the laws  of  1981,  amending  the  civil
 practice  law  and  rules relating to time limitations, in relation to
 extending time limitations for certain actions
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 4 of chapter 266 of the laws of 1981, amending the
 civil practice law and rules relating to time limitations, as amended by
 chapter 118 of the laws of 2010, is amended to read as follows:

 

S 4. Every cause of action for an injury or death  caused  by  contact
 with  or exposure to phenoxy herbicides while serving as a member of the
 armed forces of the United States in Indo-China from February  28,  1961
 through May 7, 1975, which is or would be barred prior to June 16, 1985,
 because  the  applicable  period  of  limitation  has  expired is hereby
 revived and extended and any action thereon may be commenced and  prose
 cuted  provided  such action is commenced not later than June 16, [2012]
 2014.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13246-01-1

S6623-2011: Extends time limitations for certain actions arising contact with or exposure to phenoxy herbicides while serving as a member of the armed forces