BILL NUMBER: S9076

SPONSOR: BROOKS
 
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
permanently extending time limitations for certain actions

 
PURPOSE:

The purpose of This legislation would permanently extend 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 1. amends section 4 of chapter 266 of the Laws of 1981 to
provide that this section shall not expire, and that the time window for
cause of action be extended to those who served from November 1st 1955
              

to May 7th, 1975

Section 2. is the enacting clause

 
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 which are barred because the
applicable period of limitations has expired. The Legislature further
found that there is creditable scientific ò evidence that exposure to
these toxic substances have 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 limita-
tions commences to run from the "date of injury." The observation 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 are 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 herbicides 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.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.