Bill Text: NY A11119 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to creating 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 on or after August 2, 1990.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-11-06 - referred to judiciary [A11119 Detail]
Download: New_York-2019-A11119-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11119 IN ASSEMBLY 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: 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 two years from the date of the 14 discovery of such injury, or within two years from the date when through 15 the exercise of reasonable diligence the cause of such injury should 16 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, 22 granulomatous disease, interstitial lung disease, lymphoma, pleuritis, 23 pulmonary fibrosis, and sarcoidosis. 24 § 2. Subdivision 5 of section 214 of the civil practice law and rules, 25 as separately amended by chapters 485 and 682 of the laws of 1986, is 26 amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17555-02-0A. 11119 2 1 5. an action to recover damages for a personal injury except as 2 provided in sections 214-b, 214-c, 214-i and 215; 3 § 3. Every cause of action for an injury or death caused by exposure 4 to toxic burn pits while serving as a member of the armed forces of the 5 United States in Afghanistan, Bahrain, Burkina Faso, Cameroon, Chad, 6 Diego Garcia, Djibouti, Egypt, Ethiopia, Gabon, Ghana, Iraq, Jordan, 7 Kenya, Kuwait, Kyrgyzstan, Libya, Mali, Niger, Nigeria, Oman, Pakistan, 8 Philippines, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tajikis- 9 tan, Tunisia, Turkey, United Arab Emirates, Uzbekistan, and Yemen on or 10 after August second, nineteen hundred ninety, which is barred as of the 11 effective date of this act because the applicable period of limitation 12 has expired is hereby revived and extended and any action thereon may be 13 commenced and prosecuted. 14 § 4. The provisions of this act shall be severable, and if any clause, 15 sentence, paragraph, subdivision or part of this act shall be adjudged 16 by any court of competent jurisdiction to be invalid, such judgment 17 shall not affect, impair, or invalidate the remainder thereof, but shall 18 be confined in its operation to the clause, sentence, paragraph, subdi- 19 vision or part thereof directly involved in the controversy in which 20 such judgment shall have been rendered. 21 § 5. This act shall take effect immediately.