senate Bill S7760

Extends the time limitations to commence certain actions

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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

  • 05 / Jun / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 09 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 09 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1225
  • 10 / Jun / 2014
    • SUBSTITUTED BY A8479

Summary

Extends the time limitations to commence certain actions.

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Bill Details

See Assembly Version of this Bill:
A8479
Versions:
S7760
Legislative Cycle:
2013-2014
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง4, Chap 266 of 1981

Sponsor Memo

BILL NUMBER:S7760

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, 2014 to June 16,
2016, 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 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.

EXISTING LAW: The revival of time barred phenoxy herbicide personal
injury or death cause of action would be extended to June 16, 2016. If
no action is taken this statute expires on June 16, 2014.

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 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 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 continue to provide an avenue of
redress for those people who have been injured by exposure to toxic
chemicals.


By enacting Chapter 266 of the Laws of 1981, the Legislature sought to
protect and preserve the rights of individuals who had been exposed to
certain toxic chemicals, including a combination of herbicides known
as Agent Orange, while serving in the United States Armed Forces
during the Vietnam Era. This measure is in the interest of justice and
ensures that victims who have suffered illnesses diagnosed years after
exposure to the chemicals are not barred from bringing a cause of
action.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  7760

                            I N  S E N A T E

                              June 5, 2014
                               ___________

Introduced  by  Sen.  LARKIN -- 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 69 of the laws of 2012, 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, [2014]
2016.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13431-01-4

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