Document x5B5m5pdGp4xZk6g0EQqGGrqQ

* ___ _ c wwajiraBiinMmm Senate Bill No. 585 (B y Ms . Chace, Mr. K aufm an, Mr. W hite, Mr. T onkovich, Mr. B oettner and Mr. T ucker) [Introduced February 11, 1983; referred to the Committee on the Judiciary.] ~sVi?Qr.--* -tiif . .*./>>.:: A BILL to amend article twenty-eight, chapter sixteen of the code of West Virginia, one thousand nine hundred thirtyone, as amended, by adding thereto a new section desig nated section ten, relating to the limitation of actions and suits for damages resulting from exposure to chemical defoliants and herbicides. Be it enacted by the Legislature of West Virginia: That article tewntv-eight, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, desig nated section ten, to read as follows: EXHIBIT D -><--;i .y.. - y ^ -- -, > * : v 2w j -- -`-* S. B. No. 585] 2 ARTICLE 28. ASSISTANCE TO KOREAN AND VIETNAM VETERANS EXPOSED TO CERTAIN CHEMICAL DEFOLIANTS OR HERBICIDES OR OTHER CADSITTVE AGENTS, INCLUDING AGENT ORANGE. 16-28-10. Limitation of actions and suits. 1 An action to recover damages under the provisions of 2 this article for personal injury caused by contact with or 3 exposure to chemical defoliants or herbicides, including 4 agent orange, during either the Korean or Vietnam con- 5 flict, m ay be commenced within two years from the date 6 of discovery of such injury, or within two years from the 7 date when through the exercise of reasonable diligence 8 the cause of such injury should have been discovered, 9 whichever is later. 10 Every cause of action for an injury or death caused by C 11 contact with or exposure to chemical defoliants or her- 12 bicides, including agent orange, during either the Korean 13 or Vietnam conflict, which is barred as of the effective 14 date of this section because the applicable period of c 15 limitation has expired is hereby revived and an action 16 thereon may be commenced and prosecuted provided such . J J lW ilL . - t 3 [S. B. No. 585 17 action is commenced within two years of the effective 18 date of this section. (NOTE: The purpose of this bill is to extend the time wii.'in wliich an action for personal injury resulting from exposure to agent orange must be commenced and to provide a statute of limitations fur sucli persons exposed that runs from the discovery of the affliction.)