Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 06, 2020 |
referred to judiciary |
Assembly Bill A11119
2019-2020 Legislative Session
Sponsored By
HUNTER
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
2019-A11119 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §214-i, amd §214, CPLR
- Versions Introduced in 2021-2022 Legislative Session:
-
A4474
2019-A11119 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11119 I N A S S E M B L Y 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 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: 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 DIAG- NOSED 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
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