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History
- Substituted by A9568A
- Ordered to third reading cal.1905
- Committee discharged and committed to rules
- Amended by restoring to previous print 6824a
- Print number 6824b
- Amend and recommit to judiciary
- Print number 6824a
- Amend and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the tolling of the statute of limitations relating to personal injury caused by contact with superfund site substances
Signed by Governor · Sponsor John T. McDonald III
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 plaintiff within the period authorized under section 214-c of the civil practice 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 community 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 limitations 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.