Extends the time limitations to commence certain actions

BILL NUMBER:S7760

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, 2014 to June 16, 2016, 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 Practice Law and Rules relating to time limitations, as amended by Chapter 118 of the Laws of 2010.

Existing law

The revival of time barred phenoxy herbicide personal injury or death cause of action would be extended to June 16, 2016. If no action is taken this statute expires on June 16, 2014.

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 found that there is credible 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 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 continue to provide an avenue of redress for those people 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 had 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.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.