NY State Assembly Bill 2009-A7122

Assembly Bill A7122

Signed By Governor

2009-2010 Legislative Session

Extends time for filing claim against a public corporation for injuries from participation in World Trade Center rescue, recovery or cleanup

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 16, 2009	signed chap.440
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.849 substituted for s3325b
Jun 22, 2009	referred to rules delivered to senate passed assembly
Jun 16, 2009	amended on third reading (t) 7122c
Jun 15, 2009	ordered to third reading rules cal.319 rules report cal.319 reported
Jun 10, 2009	print number 7122b
Jun 10, 2009	amend (t) and recommit to rules
Jun 09, 2009	reported referred to rules
May 27, 2009	print number 7122a
May 27, 2009	amend and recommit to judiciary
Mar 20, 2009	referred to judiciary

Votes

- Jul 16, 2009 - Floor Vote
  A7122
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron

Bill Amendments

Original

C (Active)

co-Sponsors

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multi-Sponsors

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2009-A7122 - Details

Laws Affected:: Amd §50-i, Gen Muni L

2009-A7122 - Summary

Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery or cleanup operations.

2009-A7122 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7122

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by M. of A. SPANO, BENEDETTO, PHEFFER, DenDEKKER, GABRYSZAK,
  MILLMAN, JAFFEE, DINOWITZ -- Multi-Sponsored by -- M. of A. EDDINGTON,
  GALEF, MENG, SWEENEY, WEISENBERG -- read  once  and  referred  to  the
  Committee on Judiciary

AN  ACT  to amend the court of claims act and the general municipal law,
  in relation to extending the time  to  file  a  notice  of  claim  for
  certain  persons  who  sustained injury as a result of the World Trade
  Center rescue, recovery or cleanup operations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
"Jimmy Nolan's Law".
  S 2. Section 10 of the court of claims act is amended by adding a  new
subdivision 10 to read as follows:
  10.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION TO  FILE
A NOTICE OF CLAIM AGAINST THE STATE OF NEW YORK FOR INJURIES SUFFERED AS
A RESULT OF SUCH PARTICIPATION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION:
  (1)  "PARTICIPANT  IN  WORLD  TRADE CENTER RESCUE, RECOVERY OR CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I) PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT  THE
WORLD TRADE CENTER SITE; OR
  (II)  WORKED  AT  THE  FRESH  KILLS  LAND  FILL IN NEW YORK CITY AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III) WORKED AT THE NEW YORK CITY MORGUE OR THE  TEMPORARY  MORGUE  ON
PIER  LOCATIONS  ON THE WEST SIDE OF MANHATTAN AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00990-01-9

A. 7122                             2

  (IV) WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN  AND  THE
FRESH  KILLS  LAND  FILL  IN NEW YORK CITY AFTER SEPTEMBER ELEVENTH, TWO
THOUSAND ONE.
  (2)  "WORLD  TRADE  CENTER  SITE" MEANS ANYWHERE BELOW A LINE STARTING
FROM THE HUDSON RIVER AND CANAL STREET; EAST ON  CANAL  STREET  TO  PIKE
STREET;  SOUTH  ON  PIKE  STREET TO THE EAST RIVER; AND EXTENDING TO THE
LOWER TIP OF MANHATTAN.
  S 3. Subdivision 1 of section 50-e of the  general  municipal  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SECTION TO THE
CONTRARY, A PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
UP OPERATIONS SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS  PARA-
GRAPH  TO  FILE A NOTICE OF CLAIM AGAINST A PUBLIC CORPORATION FOR INJU-
RIES SUFFERED AS A RESULT OF SUCH PARTICIPATION.
  2. FOR THE PURPOSES OF THIS PARAGRAPH:
  (1) "PARTICIPANT IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR  CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I)  PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS  LAND  FILL  IN  NEW  YORK  CITY  AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III)  WORKED  AT  THE NEW YORK CITY MORGUE OR THE TEMPORARY MORGUE ON
PIER LOCATIONS ON THE WEST SIDE OF MANHATTAN AFTER  SEPTEMBER  ELEVENTH,
TWO THOUSAND ONE; OR
  (IV)  WORKED  ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND THE
FRESH KILLS LAND FILL IN NEW YORK CITY  AFTER  SEPTEMBER  ELEVENTH,  TWO
THOUSAND ONE.
  (2)  "WORLD  TRADE  CENTER  SITE" MEANS ANYWHERE BELOW A LINE STARTING
FROM THE HUDSON RIVER AND CANAL STREET; EAST ON  CANAL  STREET  TO  PIKE
STREET;  SOUTH  ON  PIKE  STREET TO THE EAST RIVER; AND EXTENDING TO THE
LOWER TIP OF MANHATTAN.
  S 4. This act shall take effect immediately.

co-Sponsors

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multi-Sponsors

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2009-A7122A - Details

Laws Affected:: Amd §50-i, Gen Muni L

2009-A7122A - Summary

Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery or cleanup operations.

2009-A7122A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7122--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by M. of A. SPANO, BENEDETTO, PHEFFER, DenDEKKER, GABRYSZAK,
  MILLMAN, JAFFEE, DINOWITZ, ROSENTHAL, O'DONNELL, BING  --  Multi-Spon-
  sored by -- M.  of A. EDDINGTON, GALEF, GORDON, MENG, SWEENEY, WEISEN-
  BERG  --  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 court of claims act and the general municipal law,
  in relation to extending the time  to  file  a  notice  of  claim  for
  certain  persons  who  sustained injury as a result of the World Trade
  Center rescue, recovery or cleanup operations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
"Jimmy Nolan's law".
  S 2. Section 10 of the court of claims act is amended by adding a  new
subdivision 10 to read as follows:
  10.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDIVISION TO  FILE
A NOTICE OF CLAIM AGAINST THE STATE OF NEW YORK FOR INJURIES SUFFERED AS
A RESULT OF SUCH PARTICIPATION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION:
  (1)  "PARTICIPANT  IN  WORLD  TRADE CENTER RESCUE, RECOVERY OR CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I) PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT  THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III)  WORKED  AT  THE NEW YORK CITY MORGUE OR THE TEMPORARY MORGUE ON
PIER LOCATIONS ON THE WEST SIDE OF MANHATTAN AFTER  SEPTEMBER  ELEVENTH,
TWO THOUSAND ONE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00990-04-9

A. 7122--A                          2

  (IV)  WORKED  ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND THE
FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER SEPTEMBER  ELEVENTH,
TWO THOUSAND ONE.
  (2)  "WORLD  TRADE  CENTER  SITE" MEANS ANYWHERE BELOW A LINE STARTING
FROM THE HUDSON RIVER AND CANAL STREET; EAST ON  CANAL  STREET  TO  PIKE
STREET;  SOUTH  ON  PIKE  STREET TO THE EAST RIVER; AND EXTENDING TO THE
LOWER TIP OF MANHATTAN.
  S 3. Subdivision 1 of section 50-e of the  general  municipal  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SECTION TO THE
CONTRARY, A PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEAN-
UP OPERATIONS SHALL HAVE ONE YEAR FROM THE EFFECTIVE DATE OF THIS  PARA-
GRAPH  TO  FILE A NOTICE OF CLAIM AGAINST A PUBLIC CORPORATION FOR INJU-
RIES SUFFERED AS A RESULT OF SUCH PARTICIPATION.
  2. FOR THE PURPOSES OF THIS PARAGRAPH:
  (1) "PARTICIPANT IN WORLD TRADE CENTER  RESCUE,  RECOVERY  OR  CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I)  PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III) WORKED AT THE NEW YORK CITY MORGUE OR THE  TEMPORARY  MORGUE  ON
PIER  LOCATIONS  ON THE WEST SIDE OF MANHATTAN AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE; OR
  (IV) WORKED ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN  AND  THE
FRESH  KILLS LAND FILL IN THE CITY OF NEW YORK AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE.
  (2) "WORLD TRADE CENTER SITE" MEANS ANYWHERE  BELOW  A  LINE  STARTING
FROM  THE  HUDSON  RIVER  AND CANAL STREET; EAST ON CANAL STREET TO PIKE
STREET; SOUTH ON PIKE STREET TO THE EAST RIVER;  AND  EXTENDING  TO  THE
LOWER TIP OF MANHATTAN.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

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2009-A7122B - Details

Laws Affected:: Amd §50-i, Gen Muni L

2009-A7122B - Summary

Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery or cleanup operations.

2009-A7122B - Sponsor Memo

                                BILL NUMBER:A7122B

TITLE OF BILL:  An act to amend the court of claims act and the general
municipal law, in relation to extending the time to file a claim against
the state or an action against a public corporation for injuries
sustained by persons who participated in the World Trade Center rescue,
recovery or cleanup operations

PURPOSE:  To revive those causes of action for damages against the state
and public corporations for injuries suffered as a result of partic-
ipation in the World Trade Center rescue, recovery, or clean-up oper-
ations that are currently time-barred because the applicable period of
limitation has expired.

SUMMARY OF PROVISIONS:  Section one is the short title, "Jimmy Nolan's
Law".

Section two, Section 10 of the court of claims act is amended by adding
a new subdivision 10.

Section three, Subdivision 1 of section 50-i of the general municipal
law is amended by adding a new subdivision 4

Section four is an immediate effective date.

JUSTIFICATION:  We all know that thousands of men and women lost their

lives on September 11, 2001 in the World Trade Center tragedy. In the
aftermath, tens of thousands of individuals worked at the World Trade
Center Site, as well as locations related to debris removal and recovery
of remains, for extensive periods of time. These brave men and women
were advised and reassured that they were working in safe environments.
Among other hazards, we know now that they suffered exposure to many
types of contaminants, including caustic dust, toxic products of
combustion and carcinogens. More than seven years later, thousands of
World Trade Center workers have developed disabling respiratory
illnesses and other injuries at rates that greatly exceed those of the
general population.

A number of these affected workers are currently barred from filing a
claim against the state or commencing an action against a public corpo-
ration for these injuries because the applicable period of limitation
has expired. These individuals should not be denied their rights to seek
just compensation simply because they were provided incorrect informa-
tion about their work conditions, did not immediately recognize the
causal connection between their injuries and their exposure, or were
unaware of the applicable time limitations.

This legislation would revive the otherwise time-barred causes of action
of these heroes, by permitting them to file a claim against the state
within one year of the effective date of this bill, and to commence an
action against a public corporation within the same one-year period
without the necessity of first filing a notice of claim.

With respect to those workers who have not yet been diagnosed with an
injury due to the latent effects of their exposure, their rights to file
a claim or action in the future, in the event they do develop an expo-
sure-related illness, remain preserved under CPLR § 214-c1.

LEGISLATIVE HISTORY:

2008: S.2176 - 3rd Reading Calendar/A.3947 - Passed Assembly
2007: S.2176 - 3rd Reading Calendar/A.3947 - 3rd Reading Calendar
2006: S.8508 - Referred to Rules.

FISCAL IMPLICATIONS:  Unknown.

EFFECTIVE DATE: Immediately.

{1} Under CPLR 2I4-c, "...a claim or action for personal injury...
caused by the latent effects of exposure to any substance...shall be
deemed to have accrued on the date of discovery of the injury by the
plaintiff or on the date when through the exercise of reasonable dili-
gence the injury should have been discovered, whichever is earlier."

2009-A7122B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7122--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by  M.  of  A.  SPANO,  BING,  KAVANAGH, BENEDETTO, PHEFFER,
  DenDEKKER, GABRYSZAK, MILLMAN, JAFFEE, DINOWITZ, ROSENTHAL,  O'DONNELL
  --  Multi-Sponsored  by  --  M. of A. COLTON, CONTE, EDDINGTON, GALEF,
  GORDON, HYER-SPENCER, McKEVITT, MENG, MOLINARO, RAIA, SWEENEY, THIELE,
  TOBACCO, WALKER, WEISENBERG -- read once and referred to the Committee
  on Judiciary -- committee discharged, bill amended, ordered  reprinted
  as  amended and recommitted to said committee -- reported and referred
  to the Committee on Rules -- Rules Committee discharged, bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the court of claims act and the general  municipal  law,
  in relation to extending the time to file a claim against the state or
  an  action  against  a  public  corporation  for injuries sustained by
  persons who participated in the World Trade Center rescue, recovery or
  cleanup operations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Jimmy Nolan's law".
  S 2. Section 10 of the court of claims act is amended by adding a  new
subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ANY
CLAIM FOR DAMAGES AGAINST THE STATE FOR PERSONAL INJURIES SUFFERED BY  A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
AS  A  RESULT  OF SUCH PARTICIPATION WHICH IS BARRED AS OF THE EFFECTIVE
DATE OF THIS SUBDIVISION BECAUSE THE APPLICABLE PERIOD OF LIMITATION HAS
EXPIRED IS HEREBY REVIVED, AND A CLAIM THEREON MAY BE FILED  AND  SERVED
AND  PROSECUTED  PROVIDED SUCH CLAIM IS FILED AND SERVED WITHIN ONE YEAR
OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 3. Section 50-i of the general municipal law is amended by adding  a
new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00990-08-9

A. 7122--B                          2

  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, INCLUD-
ING ANY OTHER SUBDIVISION OF THIS SECTION, SECTION FIFTY-E OF THIS ARTI-
CLE, SECTION THIRTY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW, AND THE
PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING AS
A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING
THAT  A  NOTICE  OF  CLAIM  BE  FILED  OR PRESENTED, ANY CAUSE OF ACTION
AGAINST A PUBLIC CORPORATION FOR PERSONAL INJURIES SUFFERED BY A PARTIC-
IPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS AS  A
RESULT OF SUCH PARTICIPATION WHICH IS BARRED AS OF THE EFFECTIVE DATE OF
THIS SUBDIVISION BECAUSE THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED
IS HEREBY REVIVED, AND A CLAIM THEREON MAY BE FILED AND SERVED AND PROS-
ECUTED  PROVIDED  SUCH  CLAIM IS FILED AND SERVED WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SUBDIVISION.
  S 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A7122C (ACTIVE) - Details

Laws Affected:: Amd §50-i, Gen Muni L

2009-A7122C (ACTIVE) - Summary

Extends the time for filing a claim against a public corporation for injuries sustained as a result of participation in the World Trade Center rescue, recovery or cleanup operations.

2009-A7122C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7122C

TITLE OF BILL:
An  act  to  amend the general municipal law, in relation to extending
the time to file a claim against a  public  corporation  for  injuries
sustained  by  persons  who  participated  in  the  World Trade Center
rescue, recovery or cleanup operations

PURPOSE OF BILL:
To  revive  those  causes  of  action  for  damages   against   public
corporations for injuries suffered as a result of participation in the
World  Trade  Center rescue, recovery, or clean-up operations that are
currently time-barred because the applicable period of limitation  has
expired.

SUMMARY OF PROVISIONS:
Section one is the short title, "Jimmy Nolan's Law".

Section  two,  Subdivision  1 of section 50-i of the general municipal
law is amended by adding a new subdivision 4.

Section three is an immediate effective date.

JUSTIFICATION:
We all know that thousands of  men  and  women  lost  their  lives  on
September  11,  2001  in  the  World  Trade  Center  tragedy.  In  the

aftermath, tens of thousands of individuals worked at the World  Trade
Center  Site,  as  well  as  locations  related  to debris removal and
recovery of remains, for extensive periods of time.  These  brave  men
and  women  were  advised and reassured that they were working in safe
environments. Among other hazards, we  know  now  that  they  suffered
exposure  to many types of contaminants, including caustic dust, toxic
products of combustion and carcinogens. More than seven  years  later,
thousands  of  World  Trade  Center  workers  have developed disabling
respiratory illnesses and other injuries at rates that greatly  exceed
those of the general population.

A  number of these affected workers are currently barred from filing a
claim against the state or  commencing  an  action  against  a  public
corporation  for  these  injuries  because  the  applicable  period of
limitation has expired. These individuals should not be  denied  their
rights  to  seek  just  compensation simply because they were provided
incorrect information about their work conditions, did not immediately
recognize the causal  connection  between  their  injuries  and  their
exposure,  or  were  unaware  of the applicable time limitations. This
legislation would revive the otherwise time-barred causes of action of
these heroes, by permitting them to file a  claim  against  the  state
within one year of the effective date of this bill, and to commence an
action  against  a  public corporation within the same one-year period
without the necessity of first filing a notice of claim. With  respect
to those workers who have not yet been diagnosed with an injury due to
the  latent effects of their exposure, their rights to file a claim or
action in the future, in the event they do develop an exposure-related
illness, remain preserved under CPLR § 214-c(1).

LEGISLATIVE HISTORY:


2008: S.2176 - 3rd Reading Calendar/A.3947 - Passed Assembly
2007: S.2176 - 3rd Reading Calendar/A.3947 - 3rd Reading Calendar
2006: S.8508 - Referred to Rules.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.

EFFECTIVE DATE:
Immediately.

(1)   Under   CPLR   214-c,   "...a   claim  or  action  for  personal
injury...caused  by  the   latent   effects   of   exposure   to   any
substance...shall  be  deemed to have accrued on the date of discovery
of the injury by the  plaintiff  or  on  the  date  when  through  the
exercise   of   reasonable  diligence  the  injury  should  have  been
discovered, whichever is earlier."

2009-A7122C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7122--C
                                                           R. R. 319

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by  M.  of  A.  SPANO,  BING,  KAVANAGH, BENEDETTO, PHEFFER,
  DenDEKKER, GABRYSZAK, MILLMAN, JAFFEE, DINOWITZ, ROSENTHAL,  O'DONNELL
  --  Multi-Sponsored  by  --  M. of A. COLTON, CONTE, EDDINGTON, GALEF,
  GORDON, HYER-SPENCER, McKEVITT, MENG, MOLINARO, RAIA, SWEENEY, THIELE,
  TOBACCO, WALKER, WEISENBERG -- read once and referred to the Committee
  on Judiciary -- committee discharged, bill amended, ordered  reprinted
  as  amended and recommitted to said committee -- reported and referred
  to the Committee on Rules -- Rules Committee discharged, bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules
  -- amended on the special order of third reading, ordered reprinted as
  amended, retaining its place on the special order of third reading

AN ACT to amend the general municipal law, in relation to extending  the
  time  to  file  a  claim  against  a  public  corporation for injuries
  sustained by persons  who  participated  in  the  World  Trade  Center
  rescue, recovery or cleanup operations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Jimmy Nolan's law".
  S  2. Section 50-i of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
  4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, SECTION FIFTY-E OF THIS
ARTICLE, SECTION THIRTY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW, AND
THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING
AS  A  CONDITION  PRECEDENT  TO  COMMENCEMENT  OF  AN  ACTION OR SPECIAL
PROCEEDING THAT A NOTICE OF CLAIM BE FILED OR PRESENTED,  ANY  CAUSE  OF
ACTION  AGAINST A PUBLIC CORPORATION FOR PERSONAL INJURIES SUFFERED BY A
PARTICIPANT IN WORLD TRADE CENTER RESCUE, RECOVERY OR CLEANUP OPERATIONS
AS A RESULT OF SUCH PARTICIPATION WHICH IS BARRED AS  OF  THE  EFFECTIVE
DATE OF THIS SUBDIVISION BECAUSE THE APPLICABLE PERIOD OF LIMITATION HAS

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

                                                           LBD00990-10-9

A. 7122--C                          2

EXPIRED  IS  HEREBY REVIVED, AND A CLAIM THEREON MAY BE FILED AND SERVED
AND PROSECUTED PROVIDED SUCH CLAIM IS FILED AND SERVED WITHIN  ONE  YEAR
OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION:
  (1)  "PARTICIPANT  IN  WORLD  TRADE CENTER RESCUE, RECOVERY OR CLEANUP
OPERATIONS" MEANS ANY EMPLOYEE OR VOLUNTEER THAT:
  (I) PARTICIPATED IN THE RESCUE, RECOVERY OR CLEANUP OPERATIONS AT  THE
WORLD TRADE CENTER SITE; OR
  (II) WORKED AT THE FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER
SEPTEMBER ELEVENTH, TWO THOUSAND ONE; OR
  (III)  WORKED  AT  THE NEW YORK CITY MORGUE OR THE TEMPORARY MORGUE ON
PIER LOCATIONS ON THE WEST SIDE OF MANHATTAN AFTER  SEPTEMBER  ELEVENTH,
TWO THOUSAND ONE; OR
  (IV)  WORKED  ON THE BARGES BETWEEN THE WEST SIDE OF MANHATTAN AND THE
FRESH KILLS LAND FILL IN THE CITY OF NEW YORK AFTER SEPTEMBER  ELEVENTH,
TWO THOUSAND ONE.
  (2)  "WORLD  TRADE  CENTER  SITE" MEANS ANYWHERE BELOW A LINE STARTING
FROM THE HUDSON RIVER AND CANAL STREET; EAST ON  CANAL  STREET  TO  PIKE
STREET;  SOUTH  ON  PIKE  STREET TO THE EAST RIVER; AND EXTENDING TO THE
LOWER TIP OF MANHATTAN.
  S 3. This act shall take effect immediately.

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Assembly Bill A7122

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Sponsored By

SPANO

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Jonathan Bing

Brian Kavanagh

Michael Benedetto

Audrey Pheffer

multi-Sponsors

William Colton

Patricia Eddington

Sandy Galef

Timothy P. Gordon

2009-A7122 - Details

2009-A7122 - Summary

2009-A7122 - Bill Text download pdf

co-Sponsors

Jonathan Bing

Brian Kavanagh

Michael Benedetto

Audrey Pheffer

multi-Sponsors

William Colton

Patricia Eddington

Sandy Galef

Timothy P. Gordon

2009-A7122A - Details

2009-A7122A - Summary

2009-A7122A - Bill Text download pdf

co-Sponsors

Jonathan Bing

Brian Kavanagh

Michael Benedetto

Audrey Pheffer

multi-Sponsors

William Colton

Patricia Eddington

Sandy Galef

Timothy P. Gordon

2009-A7122B - Details

2009-A7122B - Summary

2009-A7122B - Sponsor Memo

2009-A7122B - Bill Text download pdf

co-Sponsors

Jonathan Bing

Brian Kavanagh

Michael Benedetto

Audrey Pheffer

multi-Sponsors

William Colton

Patricia Eddington

Sandy Galef

Timothy P. Gordon

2009-A7122C (ACTIVE) - Details

2009-A7122C (ACTIVE) - Summary

2009-A7122C (ACTIVE) - Sponsor Memo

2009-A7122C (ACTIVE) - Bill Text download pdf

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