senate Bill S6623

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

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Mar / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 13 / Mar / 2012
    • 1ST REPORT CAL.353
  • 14 / Mar / 2012
    • 2ND REPORT CAL.
  • 15 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 18 / Apr / 2012
    • PASSED SENATE
  • 18 / Apr / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Apr / 2012
    • REFERRED TO VETERANS' AFFAIRS
  • 11 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 11 / Jun / 2012
    • RETURNED TO SENATE
  • 11 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 11 / Jun / 2012
    • SUBSTITUTED BY A9104

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9104
Versions:
S6623
Legislative Cycle:
2011-2012
Law Section:
Civil Practice
Laws Affected:
Amd ยง4, Chap 266 of 1981
Versions Introduced in 2009-2010 Legislative Cycle:
A9737

Sponsor 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.

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

                                  6623

                            I N  S E N A T E

                              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

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