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HF 1065

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to veterans affairs; providing a health screening benefit for eligible
members of the armed forces; requiring notification; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 197.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [197.08] HEALTH SCREENING TEST FOR EXPOSURE TO
DEPLETED URANIUM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following definitions
apply.
new text end

new text begin (b) "Commissioner" means the commissioner of veterans affairs.
new text end

new text begin (c) "Depleted uranium" means uranium containing less Uranium 235 than the
naturally occurring distribution of uranium isotopes.
new text end

new text begin (d) "Eligible person" means a veteran or current member of the United States armed
forces, including the Minnesota National Guard and other reserves, who has served
in active military service as defined in section 190.05, subdivision 5, at any time since
August 2, 1990, and who is a Minnesota resident.
new text end

new text begin (e) "Veteran" has the meaning assigned in section 197.447.
new text end

new text begin Subd. 2. new text end

new text begin Health screening test. new text end

new text begin (a) The following eligible persons have a right to a
best practice health screening test for exposure to depleted uranium:
new text end

new text begin (1) those who have been assigned a risk level I or II for depleted uranium exposure
by the person's branch of service;
new text end

new text begin (2) those who can provide to the satisfaction of the commissioner evidence of
exposure equivalent to an assigned risk of level I or II; and
new text end

new text begin (3) those who provide evidence to the satisfaction of the commissioner of a medical
diagnosis of serious debilitating symptoms of nonspecific origin following service in an
area where depleted uranium ammunition was expended.
new text end

new text begin (b) The commissioner, in consultation with the commissioner of health, must
select a test that utilizes 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.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner to provide for test. new text end

new text begin The commissioner shall establish a
method for administering the health screening test described in subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Notification of availability to those eligible. new text end

new text begin The commissioner must
make reasonable efforts to inform all eligible persons of their potential right to the health
screening test described in subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Random sample study. new text end

new text begin (a) In addition to the testing required under
subdivision 2, the commissioner shall select a random sample containing ten percent of
the eligible members who as Minnesota residents have served for a period of 30 days
or more within Iraq or Afghanistan in support of contingency operations for Operation
Iraqi Freedom or Operation Enduring Freedom. Each eligible member who is selected
into the sample by the commissioner has the right to the same health screening test
as provided under subdivision 2. The commissioner must make a reasonable effort to
inform each selected person of that right, and must provide the person with a reasonable
opportunity to take the health screening test. The commissioner, acting in accordance with
the requirements of chapter 13, the Government Data Practices Act, must statistically
tabulate the results of the screening tests for the selected sample and upon request must
report those results to the chairs and ranking minority members of the senate and house of
representatives committees responsible for military and veterans affairs.
new text end

new text begin (b) The adjutant general of the Minnesota National Guard, and the senior officer of
each military reserve organization located within Minnesota shall assist the commissioner
with the sampling task by providing to the commissioner in a timely manner a complete
listing of the names, unit designations, and most recent mailing addresses of their current
and previous members who as Minnesota residents have served for a period of 30 days
or more in active military service within Iraq or Afghanistan in support of contingency
operations for Operation Iraqi Freedom or Operation Enduring Freedom.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $3,000,000 is appropriated from the general fund to the commissioner of veterans
affairs in fiscal year 2007 to implement section 1. Any balance remaining does not expire
and is available for this same purpose in fiscal year 2008.
new text end