CHAPTER 25

FORMERLY

HOUSE BILL NO. 174

AN ACT TO AMEND CHAPTER 81, TITLE 10 OF THE DELAWARE CODE RELATING TO PERSONAL ACTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 81, Title 10 of the Delaware Code by adding a new section 8131 to read as follows:

"§8131. LIMITATION FOR INDOCHINA HERBICIDE EXPOSURE.

Nothwithstanding any other provision to the contrary, the time limitation for an action to recover damages for wrongful death or for personal Injuries suffered by a member or former member of the Armed Forces of the United States, who served as a member of the Armed Forces of the United States in Indochina between January 1, 1962 and May 7, 1975 inclusive, due to exposure to phenoxy herbicides, including, but not limited to exposure to substances known as Agent Orange, Agent Blue, Agent White and chemical components known as 2, 4-D; 2, 4, 5-T; TCDD; Picloran and cacodylic acid, shall not expire until two years has elapsed from the date that said person has been told by a licensed physician (whether in Delaware or otherwise) that his (or her) injuries or death may be related, in whole or in part, to exposure to phenoxy herbicides.

If the foregoing two-year period has expired as of the date of the effective date of this Act, then said person shall have from six months from the date of enactment of this Act to file an action to recover damages for phenoxy herbicide exposure in Indochina."

Approved May 10, 1983.