Permanently extends the 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10650
SPONSOR: Rules (Hunter) 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
permanently extending time limitations for certain actions
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would permanently extend 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 Prac-
tice Law and Rules relating to time limitations, as amended by Chapter
82 of the Laws of 2018.
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 further found that there is creditable 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 limita-
tions commences to run from the "date of injury." The observation 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 several physical disabilities which are unde-
tected or undiscovered in later years.
It is imperative that New York State continue to provide an avenue of
redress for those veterans 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 have 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.
PRIOR LEGISLATIVE HISTORY:
New Legislation.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
10650
IN ASSEMBLY
June 17, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
read once and referred to the Committee on Veterans' 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
permanently extending time limitations for certain actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of chapter 266 of the laws of 1981, amending the
2 civil practice law and rules relating to time limitations, as amended by
3 section 1 of item Q of subpart B of part XXX of chapter 58 of the laws
4 of 2020, is amended to read as follows:
5 § 4. Every cause of action for an injury or death caused by contact
6 with or exposure to phenoxy herbicides while serving as a member of the
7 armed forces of the United States in Indo-China from February 28, 1961
8 through May 7, 1975, which is or would be barred prior to June 16, 1985,
9 because the applicable period of limitation has expired is hereby
10 revived and extended and any action thereon may be commenced and prose-
11 cuted [provided such action is commenced not later than June 16, 2022].
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14631-03-0
