Bill S7021-2009

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

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.

Details

Actions

  • May 11, 2010: SUBSTITUTED BY A9737
  • May 10, 2010: ADVANCED TO THIRD READING
  • May 5, 2010: 2ND REPORT CAL.
  • May 4, 2010: 1ST REPORT CAL.499
  • Mar 8, 2010: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 4, 2010
Ayes (16): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron, Volker, Saland, DeFrancisco, Bonacic, Golden, Lanza, Flanagan

Memo

 BILL NUMBER:  S7021

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 OR GENERAL IDEA OF BILL : This legislation would extend from June 16, 2010 to June 16, 2012, 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 SPECIFIC PROVISIONS : Section 4 of Chapter 266 of the laws of 1991, amending the Civil Practice Law and Rules relating to time limitations, as amended by Chapter 143 of the Laws of 2008.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : The revival of time barred phenoxy herbicide personal injury or death cause of action would be extended to June 16, 2012. If no action is taken this statute expires on June 16, 2010.

JUSTIFICATION : In enacting Chapter 266 of the Laws of 1981, it wins 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 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 have 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 th.e 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 continue to provide an avenue of redress for those people who have been injured by exposure to toxic chemicals.

PRIOR LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 7021 IN SENATE March 8, 2010 ___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 143 of the laws of 2008, 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, [2010] 2012. S 2. This act shall take effect immediately.

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