New York State Assembly

 
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A04474 Summary:

A04474 Actions:

A04474 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/26/2021AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lavine
Aye
Montesano
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Quart
Aye
Brown
Aye
Steck
Aye
Tannousis
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:RULES   Chair:Heastie      
DATE:06/02/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A04474 Floor Votes:

A04474 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4474--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on  Judiciary -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the civil practice law and rules, in relation to  creat-
          ing  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 Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 214-i to read as follows:
     3    § 214-i. Action to recover  damages  for  personal  injury  caused  by
     4  contact  with  or  exposure  to  toxic burn pits. 1. Notwithstanding any
     5  provision of law to the contrary,  an  action  to  recover  damages  for
     6  personal injury caused by exposure to toxic burn pits while serving as a
     7  member of the armed forces of the United States in Afghanistan, Bahrain,
     8  Burkina  Faso,  Cameroon, Chad, Diego Garcia, Djibouti, Egypt, Ethiopia,
     9  Gabon, Ghana, Iraq, Jordan,  Kenya,  Kuwait,  Kyrgyzstan,  Libya,  Mali,
    10  Niger,  Nigeria,  Oman,  Pakistan,  Philippines,  Saudi Arabia, Somalia,
    11  South Sudan, Sudan, Syria,  Tajikistan,  Tunisia,  Turkey,  United  Arab
    12  Emirates,  Uzbekistan,  and  Yemen  on  or after August second, nineteen
    13  hundred ninety, may be commenced within three years from the date of the
    14  discovery of such injury, or within  three  years  from  the  date  when
    15  through  the  exercise  of reasonable diligence the cause of such injury
    16  should have been discovered, whichever is later.
    17    2. For the purposes of this section, a personal injury  includes,  but
    18  shall  not  be  limited to the following diseases: asthma that was diag-
    19  nosed after service in a country or  territory  listed,  cancer  of  any
    20  type,   chronic   bronchitis,  chronic  obstructive  pulmonary  disease,
    21  constrictive bronchiolitis  or  obliterative  bronchiolitis,  emphysema,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05969-02-1
        A. 4474--A                          2
 
     1  granulomatous  disease,  interstitial lung disease, lymphoma, pleuritis,
     2  pulmonary fibrosis, and sarcoidosis.
     3    § 2. Subdivision 5 of section 214 of the civil practice law and rules,
     4  as  separately  amended  by chapters 485 and 682 of the laws of 1986, is
     5  amended to read as follows:
     6    5. an action to recover  damages  for  a  personal  injury  except  as
     7  provided in sections 214-b, 214-c, 214-i and 215;
     8    §  3.  Every cause of action for an injury or death caused by exposure
     9  to toxic burn pits while serving as a member of the armed forces of  the
    10  United  States  in  Afghanistan,  Bahrain, Burkina Faso, Cameroon, Chad,
    11  Diego Garcia, Djibouti, Egypt, Ethiopia,  Gabon,  Ghana,  Iraq,  Jordan,
    12  Kenya,  Kuwait, Kyrgyzstan, Libya, Mali, Niger, Nigeria, Oman, Pakistan,
    13  Philippines, Saudi Arabia, Somalia, South Sudan, Sudan, Syria,  Tajikis-
    14  tan,  Tunisia, Turkey, United Arab Emirates, Uzbekistan, and Yemen on or
    15  after August second, nineteen hundred ninety, which is barred as of  the
    16  effective  date  of this act because the applicable period of limitation
    17  has expired is hereby revived and extended and any action thereon may be
    18  commenced and prosecuted.
    19    § 4. The provisions of this act shall be severable, and if any clause,
    20  sentence, paragraph, subdivision or part of this act shall  be  adjudged
    21  by  any  court  of  competent  jurisdiction to be invalid, such judgment
    22  shall not affect, impair, or invalidate the remainder thereof, but shall
    23  be confined in its operation to the clause, sentence, paragraph,  subdi-
    24  vision  or  part  thereof  directly involved in the controversy in which
    25  such judgment shall have been rendered.
    26    § 5. This act shall take effect immediately.