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A09585 Summary:

BILL NOA09585
 
SAME ASNo Same As
 
SPONSORHunter
 
COSPNSRDenDekker
 
MLTSPNSR
 
Amd 4, Chap 266 of 1981
 
Extends time limitations for certain actions relating to phenoxy herbicide exposure.
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A09585 Actions:

BILL NOA09585
 
01/23/2018referred to veterans' affairs
02/28/2018reported
03/01/2018advanced to third reading cal.703
03/06/2018passed assembly
03/06/2018delivered to senate
03/06/2018REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
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A09585 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9585
 
SPONSOR: Hunter
  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 OR GENERAL IDEA OF BILL: This legislation would extend from June 16, 2018 to June 16, 2020, 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 SPECIFIC PROVISIONS: Section 4 of Chapter 266 of the Laws of 1981, amending the Civil Prac- tice Law and Rules relating to time limitations, as amended by Chapter 75 of the Laws of 2016.   EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: The revival of time barred phenoxy herbicide personal injury or death cause of action would be extended to June 16, 2020. If no action is taken this statute expires on June 16, 2018.   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 causes 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 crediable scientific evidence that exposure to these toxic substances have caused serious physical disabil- ities. 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 limita- tions 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 several physical disabilities which were unde- tected or undiscovered in later years. It is imperative that New York State continue to provide an avenue of redress for those veterans 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 have been exposed to certain toxic chemicals, including a combination of hericides 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.   PRIOR LEGISLATIVE HISTORY: New Legislation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately
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A09585 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9585
 
                   IN ASSEMBLY
 
                                    January 23, 2018
                                       ___________
 
        Introduced  by  M.  of A. HUNTER, DenDEKKER -- 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
          extending time limitations for certain actions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 4 of chapter 266 of the laws of 1981, amending the
     2  civil practice law and rules relating to time limitations, as amended by
     3  chapter 75 of the laws of 2016, is amended to read as follows:
     4    § 4. Every cause of action for an injury or death  caused  by  contact
     5  with  or exposure to phenoxy herbicides while serving as a member of the
     6  armed forces of the United States in Indo-China from February  28,  1961
     7  through May 7, 1975, which is or would be barred prior to June 16, 1985,
     8  because  the  applicable  period  of  limitation  has  expired is hereby
     9  revived and extended and any action thereon may be commenced and  prose-
    10  cuted  provided  such action is commenced not later than June 16, [2018]
    11  2020.
    12    § 2. This act shall take effect immediately.
 
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14155-01-8
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