A09568 Summary:

BILL NOA09568A
 
SAME ASSAME AS S06824-A
 
SPONSORMcDonald
 
COSPNSRFahy, Santabarbara, Englebright, Lifton, Mosley, Otis, Skoufis, Thiele, Titone, Braunstein, Cahill, Cook, Gottfried, McLaughlin, Raia, Palumbo, Abinanti, Gunther, Steck, Tedisco, Colton, Zebrowski, Lupardo, Rosenthal, Weprin
 
MLTSPNSRCeretto, Galef, Lopez, Markey, Ramos, Simon
 
Add 214-f, CPLR
 
Relates to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site.
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A09568 Actions:

BILL NOA09568A
 
03/17/2016referred to judiciary
03/28/2016amend and recommit to judiciary
03/28/2016print number 9568a
05/10/2016reported referred to codes
05/17/2016reported
05/19/2016advanced to third reading cal.707
05/24/2016passed assembly
05/24/2016delivered to senate
05/24/2016REFERRED TO JUDICIARY
06/16/2016SUBSTITUTED FOR S6824A
06/16/20163RD READING CAL.1905
06/16/2016PASSED SENATE
06/16/2016RETURNED TO ASSEMBLY
07/21/2016delivered to governor
07/21/2016signed chap.128
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A09568 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9568A
 
SPONSOR: McDonald (MS)
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the tolling of the statute of limitations relating to personal injury caused by contact with or exposure to any substance or combination of substances found within an area designated as a superfund site   PURPOSE OR GENERAL IDEA OF BILL: Allows personal injury actions arising from exposure to chemicals or other substances contained within an area to be commenced within three years of that site's designation as a state or federal superfund site.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new section 214-f to the civil procedure law and rules that allows a personal injury action arising from exposure to chemicals or other substances contained within an area to be commenced by a plain- tiff within the period authorized under section 214-c of the civil prac- tice law and rules or within three years of that site's designation as a state or federal superfund site, whichever is latest. Section 2 contains the effective date.   JUSTIFICATION: The recent discovery of water contamination in Hoosick Falls, New York and Flint, Michigan has raised great alarm across our country and our state. These instances of contamination have been cited as the potential cause of many previously unexplained illnesses suffered by members of those communities. In many cases, the statute of limitations to bring a personal injury action has long since run before any contamination was ever discovered. This bill seeks to address this inequity and give those who have been sickened legal recourse to be made whole. This legislation would allow a personal injury action to be brought within three years of the time when a site containing chemicals and other substances has been designated as a state or federal superfund site. Under current state law, the three year statute of limitations for personal injury actions related to the latent effects of exposure begins to run when an injury is discovered or reasonably should have been discovered, whichever is sooner. This bill would create a narrowly tailored legal mechanism to address instances where extraordinary circumstances negatively impact public health. What distinguishes the injuries suffered by many residents of Hoosick Falls from other exposure cases is that members of this communi- ty had no idea they had even been exposed to any hazardous toxins until years after they had become sick. Individuals in Hoosick Falls should not be denied any legal recourse simply because the statute of limita- tions has run on a claim they never knew that they had.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: Immediately.
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A09568 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9568--A
 
                   IN ASSEMBLY
 
                                     March 17, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  McDONALD,  FAHY,  SANTABARBARA, ENGLEBRIGHT,
          LIFTON, MOSLEY, OTIS, SKOUFIS,  THIELE,  TITONE,  BRAUNSTEIN,  CAHILL,
          COOK,  GOTTFRIED,  McLAUGHLIN,  RAIA,  PALUMBO,  ABINANTI,  GUNTHER --
          Multi-Sponsored by -- M.  of A. CERETTO, MARKEY, RAMOS  --  read  once
          and  referred  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 the
          tolling of the statute of  limitations  relating  to  personal  injury
          caused  by contact with or exposure to any substance or combination of
          substances found within an area designated as a superfund site
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 214-f to read as follows:
     3    §  214-f.  Action  to  recover  damages  for personal injury caused by
     4  contact with or exposure to any substance or combination  of  substances
     5  found within an area designated as a superfund site. Notwithstanding any
     6  provision  of law to the contrary, an action to recover personal damages
     7  for injury caused by contact with or exposure to any substance or combi-
     8  nation of substances contained within an area designated as a  superfund
     9  site  pursuant  to either Chapter 103 of Section 42 of the United States
    10  Code and/or section 27-1303 of the environmental conservation  law,  may
    11  be  commenced  by  the  plaintiff  within the period allowed pursuant to
    12  section two hundred fourteen-c of this article or within three years  of
    13  such  designation  of  such  an  area  as a superfund site, whichever is
    14  latest.
    15    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14332-02-6
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