NY State Senate Bill 2021-S6656A

Senate Bill S6656A

Signed By Governor

2021-2022 Legislative Session

Relates to creating an action for the recovery of damages for personal injury caused by exposure to toxic burn pits while serving as a member of the armed forces

download bill text pdf

Archive: Last Bill Status Via A4474 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	signed chap.729
Dec 10, 2021	delivered to governor
Jun 10, 2021	returned to assembly passed senate 3rd reading cal.1790 substituted for s6656a
Jun 10, 2021	substituted by a4474a ordered to third reading cal.1790 committee discharged and committed to rules
May 27, 2021	print number 6656a
May 27, 2021	amend and recommit to judiciary
May 11, 2021	referred to judiciary

Votes

- Jun 10, 2021 - Floor Vote
  A4474
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 10, 2021 - Rules Committee Vote
  S6656A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2021
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2021-S6656 - Details

See Assembly Version of this Bill:: A4474
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-i, amd §214, CPLR
Versions Introduced in 2019-2020 Legislative Session:: A11119

2021-S6656 - Summary

Relates to creating an action for the recovery of damages for personal injury caused by exposure to toxic burn pits while serving as a member of the armed forces on or after August 2, 1990.

2021-S6656 - Sponsor Memo

                                 
BILL NUMBER: S6656

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to creat-
ing an action for the recovery of damages for personal injury caused by
exposure to toxic burn pits while serving as a member of the armed forc-
es

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would permanently revive time barred causes of action
for a chronic condition caused by contact with or exposure to toxic burn
pits for those persons serving as members of the armed forces in the
Middle East from 1990 onwards.

 
SUMMARY OF PROVISIONS:

Section 1: Amends civil practice law and rules by adding a new section
214-i to establish action to recover personal damages for personal inju-
ry caused by contact with or exposure to toxic burn pits in specified

locations after August 2, 1990. Chronic conditions that qualify as
personal injuries under this section are also listed.

Section 2: Subdivision 5 of section 214 of the civil practice law and
rules is amended to include 214-i.

Section 3: Revives cause of action for the specified service dates and
locations if the applicable period of limitation has expired.

Section 4: Establishes a severability clause. Section 5: Establishes an
immediate effective date.

 
JUSTIFICATION:

After the conflict in Vietnam, it took many years to fully realize the
extent of the health damage done to servicemen and women due to exposure
to Agent Orange. Unfortunately, a similar pattern has emerged in our
veterans who served in the Middle East throughout the conflicts of the
past 30 years. The practice of using burn pits to dispose of toxic mate-
rials has caused a litany of chronic illnesses for returning veterans.
Because of the nature of these illnesses, it often takes time for the
condition to emerge, get diagnosed, and determine the most likely cause.

This legislation ensures veterans can access New York courts with a
cause of action without being barred by the typical period of limita-
tion.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.11119

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S6656 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6656
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  creat-
   ing  an  action for the recovery of damages for personal injury caused
   by exposure to toxic burn pits while serving as a member of the  armed
   forces

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-i to read as follows:
   § 214-I. ACTION TO RECOVER  DAMAGES  FOR  PERSONAL  INJURY  CAUSED  BY
 CONTACT  WITH  OR  EXPOSURE  TO  TOXIC BURN PITS. 1. NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY,  AN  ACTION  TO  RECOVER  DAMAGES  FOR
 PERSONAL INJURY CAUSED BY EXPOSURE TO TOXIC BURN PITS WHILE SERVING AS A
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES IN AFGHANISTAN, BAHRAIN,
 BURKINA  FASO,  CAMEROON, CHAD, DIEGO GARCIA, DJIBOUTI, EGYPT, ETHIOPIA,
 GABON, GHANA, IRAQ, JORDAN,  KENYA,  KUWAIT,  KYRGYZSTAN,  LIBYA,  MALI,
 NIGER,  NIGERIA,  OMAN,  PAKISTAN,  PHILIPPINES,  SAUDI ARABIA, SOMALIA,
 SOUTH SUDAN, SUDAN, SYRIA,  TAJIKISTAN,  TUNISIA,  TURKEY,  UNITED  ARAB
 EMIRATES,  UZBEKISTAN,  AND  YEMEN  ON  OR AFTER AUGUST SECOND, NINETEEN
 HUNDRED NINETY, MAY BE COMMENCED WITHIN TWO YEARS FROM THE DATE  OF  THE
 DISCOVERY OF SUCH INJURY, OR WITHIN TWO YEARS FROM THE DATE WHEN THROUGH
 THE  EXERCISE  OF  REASONABLE  DILIGENCE THE CAUSE OF SUCH INJURY SHOULD
 HAVE BEEN DISCOVERED, WHICHEVER IS LATER.
   2. FOR THE PURPOSES OF THIS SECTION, A PERSONAL INJURY  INCLUDES,  BUT
 SHALL  NOT  BE  LIMITED TO THE FOLLOWING DISEASES: ASTHMA THAT WAS DIAG-
 NOSED AFTER SERVICE IN A COUNTRY OR  TERRITORY  LISTED,  CANCER  OF  ANY
 TYPE,   CHRONIC   BRONCHITIS,  CHRONIC  OBSTRUCTIVE  PULMONARY  DISEASE,
 CONSTRICTIVE BRONCHIOLITIS  OR  OBLITERATIVE  BRONCHIOLITIS,  EMPHYSEMA,
 GRANULOMATOUS  DISEASE,  INTERSTITIAL LUNG DISEASE, LYMPHOMA, PLEURITIS,
 PULMONARY FIBROSIS, AND SARCOIDOSIS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05969-01-1

 S. 6656                             2
 
   § 2. Subdivision 5 of section 214 of the civil practice law and rules,
 as separately amended by chapters 485 and 682 of the laws  of  1986,  is
 amended to read as follows:
   5.  an  action  to  recover  damages  for  a personal injury except as
 provided in sections 214-b, 214-c, 214-I and 215;
   § 3. Every cause of action for an injury or death caused  by  exposure
 to  toxic burn pits while serving as a member of the armed forces of the
 United States in Afghanistan, Bahrain,  Burkina  Faso,  Cameroon,  Chad,
 Diego  Garcia,  Djibouti,  Egypt,  Ethiopia, Gabon, Ghana, Iraq, Jordan,
 Kenya, Kuwait, Kyrgyzstan, Libya, Mali, Niger, Nigeria, Oman,  Pakistan,
 Philippines,  Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikis-
 tan, Tunisia, Turkey, United Arab Emirates, Uzbekistan, and Yemen on  or
 after  August second, nineteen hundred ninety, which is barred as of the
 effective date of this act because the applicable period  of  limitation
 has expired is hereby revived and extended and any action thereon may be
 commenced and prosecuted.
   § 4. The provisions of this act shall be severable, and if any clause,
 sentence,  paragraph,  subdivision or part of this act shall be adjudged
 by any court of competent jurisdiction  to  be  invalid,  such  judgment
 shall not affect, impair, or invalidate the remainder thereof, but shall
 be  confined in its operation to the clause, sentence, paragraph, subdi-
 vision or part thereof directly involved in  the  controversy  in  which
 such judgment shall have been rendered.
   § 5. This act shall take effect immediately.

co-Sponsors

2021-S6656A (ACTIVE) - Details

See Assembly Version of this Bill:: A4474
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-i, amd §214, CPLR
Versions Introduced in 2019-2020 Legislative Session:: A11119

2021-S6656A (ACTIVE) - Summary

Relates to creating an action for the recovery of damages for personal injury caused by exposure to toxic burn pits while serving as a member of the armed forces on or after August 2, 1990.

2021-S6656A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6656A

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to creat-
ing an action for the recovery of damages for personal injury caused by
exposure to toxic burn pits while serving as a member of the armed forc-
es

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would permanently revive time barred causes of action
burn pits for those persons serving as members of the armed forces in
the Middle East from 1990 onwards.

 
SUMMARY OF PROVISIONS:

Section 1: Amends civil practice law and rules by adding a new section
214-i to establish action to recover personal damages for personal inju-
ry caused by contact with or exposure to toxic burn pits in specified
locations after August 2, 1990. Chronic conditions that qualify as

personal injuries under this section are also listed.

Section 2: Subdivision 5 of section 214 of the civil practice law and
rules is amended to include 214-i.

Section 3: Revives cause of action for the specified service dates and
locations if the applicable period of limitation has-expired.

Section 4: Establishes a severability clause.

Section 5: Establishes an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

This version of the bill increases limitations from the date of discov-
ery from 2 years to 3 years.

 
JUSTIFICATION:

After the conflict in Vietnam, it took many years to fully realize the
extent of the health damage done to servicemen and women due to exposure
to Agent Orange. Unfortunately, a similar pattern has emerged in our
veterans who . served in the Middle East throughout the conflicts of the
past 30 years. The practice of using burn pits to dispose of toxic mate-
rials has caused a litany of chronic illnesses for. returning veterans.
Because of the nature of these illnesses, it often takes time for the
condition to emerge, get diagnosed, and determine the most likely cause.
This legislation ensures veterans can access New York courts with a
cause of action without being barred by the typical period of limita-
tion.

 
PRIOR LEGISLATIVE HISTORY:

2020: A.11119

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S6656A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6656--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the civil practice law and rules, in relation to creat-
   ing an action for the recovery of damages for personal  injury  caused
   by  exposure to toxic burn pits while serving as a member of the armed
   forces
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-i to read as follows:
   §  214-I.  ACTION  TO  RECOVER  DAMAGES  FOR PERSONAL INJURY CAUSED BY
 CONTACT WITH OR EXPOSURE TO TOXIC  BURN  PITS.  1.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW  TO  THE  CONTRARY,  AN ACTION TO RECOVER DAMAGES FOR
 PERSONAL INJURY CAUSED BY EXPOSURE TO TOXIC BURN PITS WHILE SERVING AS A
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES IN AFGHANISTAN, BAHRAIN,
 BURKINA FASO, CAMEROON, CHAD, DIEGO GARCIA, DJIBOUTI,  EGYPT,  ETHIOPIA,
 GABON,  GHANA,  IRAQ,  JORDAN,  KENYA,  KUWAIT, KYRGYZSTAN, LIBYA, MALI,
 NIGER, NIGERIA, OMAN,  PAKISTAN,  PHILIPPINES,  SAUDI  ARABIA,  SOMALIA,
 SOUTH  SUDAN,  SUDAN,  SYRIA,  TAJIKISTAN,  TUNISIA, TURKEY, UNITED ARAB
 EMIRATES, UZBEKISTAN, AND YEMEN ON  OR  AFTER  AUGUST  SECOND,  NINETEEN
 HUNDRED NINETY, MAY BE COMMENCED WITHIN THREE YEARS FROM THE DATE OF THE
 DISCOVERY  OF  SUCH  INJURY,  OR  WITHIN  THREE YEARS FROM THE DATE WHEN
 THROUGH THE EXERCISE OF REASONABLE DILIGENCE THE CAUSE  OF  SUCH  INJURY
 SHOULD HAVE BEEN DISCOVERED, WHICHEVER IS LATER.
   2.  FOR  THE PURPOSES OF THIS SECTION, A PERSONAL INJURY INCLUDES, BUT
 SHALL NOT BE LIMITED TO THE FOLLOWING DISEASES: ASTHMA  THAT  WAS  DIAG-
 NOSED  AFTER  SERVICE  IN  A  COUNTRY OR TERRITORY LISTED, CANCER OF ANY
 TYPE,  CHRONIC  BRONCHITIS,  CHRONIC  OBSTRUCTIVE   PULMONARY   DISEASE,
 CONSTRICTIVE  BRONCHIOLITIS  OR  OBLITERATIVE  BRONCHIOLITIS, EMPHYSEMA,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05969-03-1

 S. 6656--A                          2
 
 GRANULOMATOUS DISEASE, INTERSTITIAL LUNG DISEASE,  LYMPHOMA,  PLEURITIS,
 PULMONARY FIBROSIS, AND SARCOIDOSIS.
   § 2. Subdivision 5 of section 214 of the civil practice law and rules,
 as  separately  amended  by chapters 485 and 682 of the laws of 1986, is
 amended to read as follows:
   5. an action to recover  damages  for  a  personal  injury  except  as
 provided in sections 214-b, 214-c, 214-I and 215;
   §  3.  Every cause of action for an injury or death caused by exposure
 to toxic burn pits while serving as a member of the armed forces of  the
 United  States  in  Afghanistan,  Bahrain, Burkina Faso, Cameroon, Chad,
 Diego Garcia, Djibouti, Egypt, Ethiopia,  Gabon,  Ghana,  Iraq,  Jordan,
 Kenya,  Kuwait, Kyrgyzstan, Libya, Mali, Niger, Nigeria, Oman, Pakistan,
 Philippines, Saudi Arabia, Somalia, South Sudan, Sudan, Syria,  Tajikis-
 tan,  Tunisia, Turkey, United Arab Emirates, Uzbekistan, and Yemen on or
 after August second, nineteen hundred ninety, which is barred as of  the
 effective  date  of this act because the applicable period of limitation
 has expired is hereby revived and extended and any action thereon may be
 commenced and prosecuted.
   § 4. The provisions of this act shall be severable, and if any clause,
 sentence, paragraph, subdivision or part of this act shall  be  adjudged
 by  any  court  of  competent  jurisdiction to be invalid, such judgment
 shall not affect, impair, or invalidate the remainder thereof, but shall
 be confined in its operation to the clause, sentence, paragraph,  subdi-
 vision  or  part  thereof  directly involved in the controversy in which
 such judgment shall have been rendered.
   § 5. This act shall take effect immediately.

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