What's happening
This bill permanently extends the time limit to file lawsuits for injuries or deaths caused by exposure to phenoxy herbicides during military service in Indo-China.
Why it matters
Removes the filing deadline for lawsuits related to Agent Orange and similar herbicide exposure, allowing veterans and their families to seek justice no matter how much time has passed since the injury or death occurred.
Addresses the reality that many health problems from phenoxy herbicide exposure—such as cancers and other serious illnesses—can take decades to appear, providing fair legal access for those whose symptoms emerge long after military service.
May increase the number of legal claims against manufacturers or responsible parties, potentially leading to greater accountability and compensation for affected veterans and their families.
Signals a commitment by New York State to honor and support Vietnam-era veterans who may have previously missed legal deadlines due to lack of awareness or delayed onset of symptoms.
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Who cares
Headline styles
Extend Herbicide Injury Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to veterans' affairs
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Section 4 of chapter 266 of the laws of 1981, amending the civil practice law and rules relating to time limitations, as amended by section 1 of item Q of subpart B of part XXX of chapter 58 of the laws of 2020, is amended to read as follows:
§ 4. Every cause of action for an injury or death caused by contact with or exposure to phenoxy herbicides while serving as a member of the armed forces of the United States in Indo-China from February 28, 1961 through May 7, 1975, which is or would be barred prior to June 16, 1985, because the applicable period of limitation has expired is hereby revived and extended and any action thereon may be commenced and prosecuted [provided such action is commenced not later than June 16, 2022].
§ 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.