What's happening
This bill allows military members exposed to toxic burn pits to sue for related personal injuries within two years of discovery.
Why it matters
Expands the list of covered diseases. The bill specifically defines a range of illnesses (including asthma, various cancers, COPD, pulmonary fibrosis, and more) presumed to be caused by toxic burn pit exposure, making it easier for affected veterans to connect their health conditions to their service.
Covers exposure in numerous countries. The legislation applies to military service in over 30 countries and territories since August 2, 1990, reflecting the global scope of U.S. military operations and the widespread use of burn pits.
Revives previously time-barred claims. Even if a veteran’s claim was previously barred because too much time had passed, this bill temporarily revives those claims, giving a new opportunity for legal recourse to those who may have only recently connected their illness to burn pit exposure.
Clarifies legal pathways for affected veterans. By creating a specific section in state law, the bill ensures that veterans and their families have a clear legal route to seek damages in New York courts, potentially increasing accountability for injuries caused by toxic exposures during military service.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Allow Veterans Burn Pit Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11119
IN ASSEMBLY
November 6, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hunter) -read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to creating an action for the recovery of damages for personal injury caused by exposure to toxic burn pits while serving as a member of the armed forces
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 214-i to read as follows:
§ 214-i. Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits. 1. Notwithstanding any provision of law to the contrary, an action to recover damages for personal injury caused by exposure to toxic burn pits while serving as a member of the armed forces of the United States in Afghanistan, Bahrain, Burkina Faso, Cameroon, Chad, Diego Garcia, Djibouti, Egypt, Ethiopia, Gabon, Ghana, Iraq, Jordan, Kenya, Kuwait, Kyrgyzstan, Libya, Mali, Niger, Nigeria, Oman, Pakistan, Philippines, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikistan, Tunisia, Turkey, United Arab Emirates, Uzbekistan, and Yemen on or after August second, nineteen hundred ninety, may be commenced within two years from the date of the discovery of such injury, or within two years from the date when through the exercise of reasonable diligence the cause of such injury should have been discovered, whichever is later.
2. For the purposes of this section, a personal injury includes, but shall not be limited to the following diseases: asthma that was diagnosed after service in a country or territory listed, cancer of any type, chronic bronchitis, chronic obstructive pulmonary disease, constrictive bronchiolitis or obliterative bronchiolitis, emphysema, granulomatous disease, interstitial lung disease, lymphoma, pleuritis, pulmonary fibrosis, and sarcoidosis.
§ 2. Subdivision 5 of section 214 of the civil practice law and rules, as separately amended by chapters 485 and 682 of the laws of 1986, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17555-02-0
A. 11119 2
5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215;
§ 3. Every cause of action for an injury or death caused by exposure to toxic burn pits while serving as a member of the armed forces of the United States in Afghanistan, Bahrain, Burkina Faso, Cameroon, Chad, Diego Garcia, Djibouti, Egypt, Ethiopia, Gabon, Ghana, Iraq, Jordan, Kenya, Kuwait, Kyrgyzstan, Libya, Mali, Niger, Nigeria, Oman, Pakistan, Philippines, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikistan, Tunisia, Turkey, United Arab Emirates, Uzbekistan, and Yemen on or after August second, nineteen hundred ninety, which is barred as of the effective date of this act because the applicable period of limitation has expired is hereby revived and extended and any action thereon may be commenced and prosecuted.
§ 4. The provisions of this act shall be severable, and if any clause, sentence, paragraph, subdivision or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 5. This act shall take effect immediately.
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.