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

5 Co-sponsors

• Felix Ortiz
• Darryl Towns
• Michael Cusick
• William Parment
• Catherine Nolan

5 Multi-sponsors

• Thomas Alfano
• Robert Castelli
• William Magnarelli
• John McEneny
• Audrey Pheffer

BILL NUMBER:A9737 REVISED 2/1/10

Title of bill

An act to amend chapter 266 of the laws of 1981, amend- ing the civil practice law and rules relating to time limitations, in relation to extending time limitations for certain actions

Purpose Or General Idea Of Bill: This legislation would extend from June 16, 2C 10 to June 16, 2012, 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 Specific Provisions: Section 4 of Chapter 266 of the laws of 1991, amending the Civil Practice Law and Rules relating to time limita- tions, as amended by Chapter 143 of the Laws of 2008.

Effects Of Present Law Which This Bill Would Alter: The revival of time barred phenoxy herbicide personal injury or death cause of action would be extended to June 16, 2012. If no action is taken this statute expires on June 16, 2010.

Justification: In enacting Chapter 266 of the Laws of 1981, it wins 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 disabil- ities, 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 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 unde- tected 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.

Prior Legislative History: New Bill.

Fiscal Implications For State And Local Governments: None.

Effective Date: Immediately.

Revised: 02/01/2010