Regular Session, 2005 ACT No. 69 HOUSE BILL NO. 570

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ACT No. 69
Regular Session, 2005
HOUSE BILL NO. 570
BY REPRESENTATIVES LAFONTA AND JEFFERSON

Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.

AN ACT

To enact R.S. 29:41, relative to exposure to depleted uranium; to provide for definitions; to provide for screening of certain members of the armed forces of the United States; to provide for reports on training; to prohibit state funding of the costs of the testing; and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1. R.S. 29:41 is hereby enacted to read as follows:

41. Exposure to depleted uranium

A. For the purposes of this Section, the following terms shall have the following meanings:

(1) “Depleted uranium” means uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes.
(2) “Eligible member” means a member 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.
(3) “Member of the armed forces” or “member” means a member of the armed forces of the United States, including the Louisiana National Guard, who is a resident of this state.
(4) “Veteran” means a member who served as an eligible member.

B. On and after October 1, 2005, any eligible member or veteran who returns or has returned to this state after service in an area designated as a combat zone by the president of the United States and who has been assigned a risk level I or II for depleted uranium exposure by his branch or service, or any other member or veteran are additions. who has reason to believe that he was exposed to depleted uranium during such service, shall have the right to 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.

C. On or before October 1, 2005, the adjutant general of the Louisiana

National Guard shall submit a report to the House Judiciary Committee and Senate

Judiciary B Committee on the scope and adequacy of training received by members of the armed forces 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 predeployment 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.

D. The expenditure or appropriation of state funds for the purposes of providing testing pursuant to this Section is prohibited.

SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: