BILL NUMBER:S6623

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:
This legislation would extend from June 16, 2012 to June 16, 2014,
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 PROVISIONS:
Section one of the bill amends section 4 of Chapter 266 of the laws of
1981, stating that the revival of time barred phenoxy herbicide
personal injury or death cause of action would be extended to June
16, 2014.

Section two of the bill states the effective date.

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 caused by
contact with or exposure to phenoxy herbicides, such as Agent Orange,
which are barred because the applicable period of limitations has
expired.

The Legislature found that there is credible scientific evidence that
exposure to these toxic substances has caused serious physical
disabilities, 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
limitations 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 severe physical disabilities which were
undetected or undiscovered in later years.

It is imperative that New York State continues to provide an avenue of
redress for those people who have been injured by exposure to toxic
chemicals.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.