HB2061

SECTION 1. The legislature finds that the chemical and radiological toxicity of depleted uranium has been a reported cause of kidney dysfunction, lung damage, neurological disorders, liver infection, and high miscarriage rates among military personnel. These health problems have been reported from military personnel who served in designated combat zones where depleted uranium munitions and armor were used, including the 1991 Gulf War and the 2003 invasion of Iraq.

The purpose of this Act is to provide access to information for returning veterans on health screening tests for exposure to depleted uranium.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . national guard VETERANS' EXPOSURE

TO HAZARDOUS MATERIALS

§321-A Definitions. Whenever used in this part, unless the context requires otherwise:

"Department" means the department of health.

"Depleted uranium" means uranium containing less uranium-235 than the naturally-occurring distribution of uranium isotopes.

"Eligible member" means a member of the Hawaii national guard who served in the Persian Gulf War, as defined in Title 38, United States Code, Section 101, or in an area designated as a combat zone or qualified hazardous duty area by the President of the United States during Operation Enduring Freedom or Operation Iraqi Freedom, or recognized as such by the Internal Revenue Service for purposes of exclusion from income tax.

"Military physician" includes a physician who is under contract with the United States Department of Defense to provide physician services to members of the armed forces.

"Veteran" means any person honorably discharged, or released under honorable conditions, from active service in the armed forces who served as an eligible member.

§321-B Assistance in obtaining treatment information. Beginning October 1, 2008, the department shall assist any eligible member or veteran in obtaining information on available federal treatment services who:

(1) Has been assigned a risk level I, II, or III for depleted uranium exposure by the eligible member's or veteran's branch of service;

(2) Is referred by a military physician; or

(3) Has reason to believe that the eligible member or veteran was exposed to depleted uranium during service.

The available screening services shall include a best practice health screening test for exposure to depleted uranium using a bioassay procedure that uses sensitive methods capable of detecting depleted uranium at low levels and also uses equipment with the ability to discriminate among different radioisotopes in naturally-occurring levels of uranium and the characteristic ratio and marker for depleted uranium.

(b) No state funds shall be used to pay for these tests or other federal treatment services."

SECTION 3. No later than twenty days prior to the convening of the regular session of 2009, the director of health shall certify to the legislature that members of the Hawaii national guard have been informed of possible health risks associated with exposure to depleted uranium. The certification shall apply to both pre-deployment and post-mobilization information activities and post-deployment health screening.

SECTION 4. (a) There is created a task force on depleted uranium exposure, to be placed within the department of health.

(b) The task force shall consist of fifteen members, as follows:

(1) The director of health or a designee;

(2) Eight members who are members of the legislature, two each appointed by the president of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives;

(3) Two members who are veterans with knowledge of or experience with exposure to hazardous materials, one each appointed by the president of the senate and the speaker of the house of representatives; and

(4) Four members who are physicians or scientists with knowledge of or experience in the detection or health effects of exposure to depleted uranium or other hazardous materials, one each appointed by the president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives.

(1) Consider initiation of a health registry for veterans returning from Afghanistan, Iraq, or other countries in which depleted uranium or other similar hazardous materials may be found;

(2) Develop a plan for an outreach program to ensure that veterans and military personnel are informed of available resources;

(3) Prepare a report for service members concerning potential exposure to depleted uranium and other toxic chemical substances and the precautions recommended under combat and noncombat conditions while in a combat zone; and

(4) Make any other recommendations that the task force considers appropriate.

(d) All appointments to the task force shall be made no later than thirty days after the effective date of this Act. Any vacancy shall be filled by the appointing authority.

(e) The members of the task force shall select as co‑chairpersons of the task force, one senator and one representative from among the members. The co-chairpersons shall schedule the first meeting of the task force, which shall be held no later than sixty days after the effective date of this Act.

(f) The task force shall report its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2009.

(g) The department of health shall provide administrative, professional, technical, and clerical support required by the task force.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the purposes of this Act.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 6. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2061
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII