S T A T E O F N E W Y O R K
________________________________________________________________________
6245
I N S E N A T E
(PREFILED)
January 5, 2000
___________
Introduced by Sens. VELELLA, DeFRANCISCO, LACK, LARKIN, MALTESE, MARCEL-
LINO, MARCHI, McGEE, PADAVAN, RATH, SKELOS, TRUNZO, WRIGHT -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to actions
to recover damages for World War II forced slave labor
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-f to read as follows:
3 S 214-F. ACTION TO RECOVER DAMAGES FOR WORLD WAR II FORCED SLAVE
4 LABOR. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
5 ANY ACTION ARISING FROM AN OCCURRENCE BETWEEN JANUARY FIRST, NINETEEN
6 HUNDRED TWENTY-NINE AND DECEMBER THIRTY-FIRST, NINETEEN HUNDRED
7 FORTY-FIVE BROUGHT BY A WORLD WAR II SLAVE LABOR VICTIM OR WORLD WAR II
8 FORCED LABOR VICTIM SEEKING DAMAGES FOR LABOR PERFORMED AS A WORLD WAR
9 II SLAVE LABOR VICTIM OR WORLD WAR II FORCED LABOR VICTIM AND WHICH IS
10 BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE APPLICABLE
11 PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND AN ACTION THERE-
12 ON MAY BE COMMENCED AND PROSECUTED PROVIDED SUCH ACTION IS COMMENCED
13 WITHIN TEN YEARS OF THE EFFECTIVE DATE OF THIS SECTION. THE PROVISIONS
14 OF THIS SECTION SHALL BE INAPPLICABLE TO ANY CIVIL ACTION GOVERNED BY
15 THE STATUTE OF LIMITATIONS OF ANOTHER JURISDICTION.
16 2. AS USED IN THIS SECTION:
17 (A) "WORLD WAR II SLAVE LABOR VICTIM" SHALL MEAN ANY PERSON TAKEN FROM
18 A CONCENTRATION CAMP OR GHETTO OR DIVERTED FROM TRANSPORTATION TO A
19 CONCENTRATION CAMP OR FROM A GHETTO TO PERFORM LABOR WITHOUT PAY FOR ANY
20 PERIOD OF TIME BETWEEN JANUARY FIRST, NINETEEN HUNDRED TWENTY-NINE AND
21 DECEMBER THIRTY-FIRST, NINETEEN HUNDRED FORTY-FIVE, BY THE NAZI REGIME,
22 ITS ALLIES AND SYMPATHIZERS, OR ENTERPRISES TRANSACTING BUSINESS IN ANY
23 OF THE AREAS OCCUPIED BY OR UNDER CONTROL OF THE NAZI REGIME OR ITS
24 ALLIES AND SYMPATHIZERS.
25 (B) "WORLD WAR II FORCED LABOR VICTIM" SHALL MEAN ANY PERSON WHO WAS A
26 MEMBER OF THE CIVILIAN POPULATION CONQUERED BY THE NAZI REGIME, ITS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD14539-01-0
S. 6245 2
1 ALLIES OR SYMPATHIZERS, OR PRISONERS OF WAR OF THE NAZI REGIME, ITS
2 ALLIES OR SYMPATHIZERS, FORCED TO PERFORM LABOR WITHOUT PAY FOR ANY
3 PERIOD OF TIME BETWEEN JANUARY FIRST, NINETEEN HUNDRED TWENTY-NINE AND
4 DECEMBER THIRTY-FIRST, NINETEEN HUNDRED FORTY-FIVE, BY THE NAZI REGIME,
5 ITS ALLIES AND SYMPATHIZERS, OR ENTERPRISES TRANSACTING BUSINESS IN ANY
6 OF THE AREAS OCCUPIED BY OR UNDER CONTROL OF THE NAZI REGIME OR ITS
7 ALLIES AND SYMPATHIZERS.
8 (C) "COMPENSATION" SHALL MEAN THE PRESENT VALUE OF WAGES AND BENEFITS
9 THAT INDIVIDUALS SHOULD HAVE BEEN PAID AND DAMAGES FOR INJURIES
10 SUSTAINED IN CONNECTION WITH LABOR PERFORMED. PRESENT VALUE SHALL BE
11 CALCULATED ON THE BASIS OF THE MARKET VALUE OF THE SERVICES AT THE TIME
12 THEY WERE PERFORMED, PLUS INTEREST FROM THE TIME THE SERVICES WERE
13 PERFORMED, COMPOUNDED ANNUALLY TO DATE OF FULL PAYMENT WITHOUT DIMINU-
14 TION FOR WARTIME OR POSTWAR CURRENCY DEVALUATION.
15 3. ANY WORLD WAR II SLAVE LABOR VICTIM, OR HEIR OF A WORLD WAR II
16 SLAVE LABOR VICTIM, WORLD WAR II FORCED LABOR VICTIM, MAY BRING AN
17 ACTION TO RECOVER COMPENSATION FOR LABOR PERFORMED AS A WORLD WAR II
18 SLAVE LABOR VICTIM OR WORLD WAR II FORCED LABOR VICTIM FROM ANY ENTITY
19 OR SUCCESSOR IN INTEREST THEREOF, FOR WHOM THAT LABOR WAS PERFORMED,
20 EITHER DIRECTLY OR THROUGH A SUBSIDIARY OR AFFILIATE. THAT ACTION MAY BE
21 BROUGHT IN A SUPREME COURT OF THIS STATE, WHICH COURT SHALL HAVE JURIS-
22 DICTION OVER THAT ACTION UNTIL ITS COMPLETION OR RESOLUTION.
23 S 2. This act shall take effect immediately.
.SO DOC S 6245 *END* BTXT 1999
Bill S06245
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