Extends time limitations for certain actions arising contact with or exposure to phenoxy herbicides while serving as a member of the armed forces

BILL NUMBER:S6623

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, 2012 to June 16, 2014, 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 one of the bill amends section 4 of Chapter 266 of the laws of 1981, stating that the revival of time barred phenoxy herbicide personal injury or death cause of action would be extended to June 16, 2014.

Section two of the bill states the effective date.

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, such as Agent Orange, 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 has 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 continues to provide an avenue of redress for those people who have been injured by exposure to toxic chemicals.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.