HOUSE BILL 736

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Thomas A. Anderson

AN ACT

RELATING TO VETERANS' AFFAIRS; PROVIDING FOR ASSISTANCE AND TRAINING RELATED TO DEPLETED URANIUM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. DEPLETED URANIUM EXPOSURE--ASSISTANCE TO VETERANS--REPORT TO LEGISLATURE.--

          A. As used in this section:

                (1) "eligible member" means a member of the New Mexico national guard who served in the Persian Gulf war, as defined in 38 USC 101, or in an area designated as a combat zone by the president of the United States during Operation Enduring Freedom or Operation Iraqi Freedom;

                (2) "depleted uranium" means uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes;

                (3) "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; and

                (4) "veteran" means a veteran as defined in Subsection C of Section 9-22-3 NMSA 1978 who served as an eligible member.

          B. On and after the effective date of this 2007 act, the adjutant general and the secretary of veterans' services shall assist any eligible member who has been assigned a risk level I, II or III for depleted uranium exposure by the eligible member or veteran's branch of service, is referred by a military physician or has reason to believe that the eligible member or veteran was exposed to depleted uranium during such service, in obtaining federal treatment services, including a best practice health screening test for exposure to depleted uranium using a bioassay procedure involving sensitive methods capable of detecting depleted uranium at low levels and the use of equipment with the capacity to discriminate between different radioisotopes in naturally occurring levels of uranium and the characteristic ratio and marker for depleted uranium. No state funds shall be used to pay for such tests or such other federal treatment services.

          C. On or before November 1, 2007, the adjutant general shall submit a report to the appropriate interim committee of the legislature on the scope and adequacy of training received by members of the New Mexico national guard on detecting whether their service as eligible members is likely to entail, or to have entailed, exposure to depleted uranium. The report shall include an assessment of the feasibility and cost of adding pre-deployment training 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.

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