Home

What Is DU?

Issues

News

Legislation

Events

Links

About Us

New York State
Legislation
Bill Signed into law
on Nov.10, 2006
Text
Assembly Bill A09116
Summary
Actions
Votes
Memo
Text
Senate Bill S6964
Status
Summary
Text
Memo
Click here
to check on
DU legislation in
other states.


LAWS OF NEW YORK, 2006
CHAPTER 743:

 
AN ACT to amend the executive law, in relation to assisting members and
veterans in obtaining treatment services for exposure to toxic materi-
als or harmful physical agents such as depleted uranium; to amend the
public health law, in relation to providing information on harmful
physical agents to veterans; and to establish a task force to study
the effects of health problems due to military service such as the
exposure to depleted uranium

Became a law November 10, 2006, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Legislative intent. The legislature finds that pre-deploy-
ment health assessments and post-deployment assessments and reassess-
ments for evaluating Gulf War Veterans are required under Section 1074f
of title 10, United States Code.
The legislature finds that Veterans Health Administration (VHA) Hand-
book outlines the policy and procedures evaluating Gulf War veterans,
including those who served in Operation Iraqi Freedom, with possible
exposure to depleted uranium. Army Regulation 700-48 prescribes policy
and procedures for the management of equipment contaminated with
depleted uranium or radioactive commodities. The regulation applies to
the department of the army, U.S. Army Reserve and Army National Guard.
The legislature finds that many veterans who have served in the
Persian Gulf area since the 1990s have been experiencing health prob-
lems.
The legislature hereby declares that an examination of the medical
issues and exposure of troops to toxic materials or harmful physical
agents such as depleted uranium should be explored.
The legislature also declares that assisting troops who are members of
the New York Army National Guard and New York Air National Guard who
have been federalized and sent to combat theater areas or combat zones
and have returned home to New York state is warranted.
§ 2. The executive law is amended by adding a new section 366 to read
as follows:
§ 366. Veterans health screening. 1. As used in this section: a.
"Eligible member" means a member of the New York army national guard or
the New York air 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;
b. "Veteran" means a person, male or female, resident of this state,
who has served in the active military, naval or air service of the
United States during a time of war in which the United States engaged
and who has been released from such service otherwise than by dishonor-
able discharge, or who has been furloughed to the reserve;

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.


CHAP. 743 2

c. "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
d. "Depleted uranium" means uranium containing less uranium-235 than
the naturally occurring distribution of uranium isotopes.
2. On and after February first, two thousand seven, the adjutant
general and the state director shall assist any eligible member or
veteran who has been experiencing health problems. Such problems may
include exposure to toxic materials or harmful physical agents such as
depleted uranium. An eligible member or veteran who has been assigned a
risk level I, II or III for depleted uranium exposure by his or her
branch of service, is referred by a military physician, or has reason to
believe that he or she was exposed to toxic materials or harmful phys-
ical agents such as depleted uranium during such service, in obtaining
federal treatment services. Such treatment shall include, but not be
limited 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 radioiso-
topes in naturally occurring levels of uranium and the characteristic
ratio and marker for depleted uranium. As more scientific reliable
tests become available such test shall be included in the treatment
protocol. No state funds shall be used to pay for such tests or such
other federal treatment services.
3. On or before February first, two thousand seven, the adjutant
general shall submit a report to the chair of the senate veterans, home-
land security and military affairs committee and the chair of the assem-
bly veterans' affairs committee on the scope and adequacy of training
received by members of the New York army national guard and the New York
air national guard on detecting whether their service as eligible
members is likely to entail, or to have entailed, exposure to toxic
materials or harmful physical agents such as 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 theater or
combat zone of operations.
§ 3. Section 3803 of the public health law, as added by chapter 106 of
the laws of 2003, is amended to read as follows:
§ 3803. Veterans health care information program. 1. There is hereby
created within the department the veterans health care information
program (referred to in this section as the "program"), which shall
provide information on health issues associated with military duty,
including but not limited to Agent Orange, Gulf War [Syndrome]
Syndromes, toxic materials or harmful physical agents such as, depleted
uranium, and hepatitis C, for veterans, their surviving spouses and
health care providers.
2. The program shall include but not be limited to the following
elements:
(a) public service announcements; [and]
(b) establishment of a toll-free telephone hotline to provide informa-
tion regarding health care providers and treatment centers with exper-
tise in illnesses associated with military duty; and
(c) establish a veterans health information clearing house on-line.
3. In exercising any of his or her powers under this section, the
commissioner shall consult with appropriate health care professionals,


3 CHAP. 743

providers, veterans or organizations representing them, the division of
veterans' affairs [and], the federal department of veterans' affairs and
the United States defense department.
4. The commissioner may make rules and regulations necessary and
appropriate for the implementation of this section.
§ 4. (a) There is hereby established a task force on health problems
due to military service to study the health effects of exposure to toxic
materials or harmful physical agents such as depleted uranium, as they
relate to military service. The task force shall, within available
appropriations and with the approval of the temporary president of the
senate and the speaker of the assembly, and subject to the provisions of
this section:
(1) commission a study to consider the health of service members who
have been exposed to toxic materials or harmful physical agents, such as
depleted uranium since August 2, 1990, and conduct a scientific confer-
ence on such health effects;
(2) develop in conjunction with the department of health, state direc-
tor of veterans' affairs and the adjutant general a health registry for
veterans and military personnel returning from Afghanistan, Iraq and
other countries in which exposure to toxic materials or harmful physical
agents such as depleted uranium may be found;
(3) develop a plan for outreach to and follow-up of military personnel
and veterans in consultation with the division of veterans' affairs and
the adjutant general;
(4) prepare a report for service members and veterans concerning
potential exposure to toxic materials or harmful physical agents such as
depleted uranium and the precautions recommended under combat and non-
combat conditions while in a combat theater or combat zone; and
(5) make any other recommendations the task force considers appropri-
ate.
(b) The task force shall consist of eleven members to be appointed as
follows: five members to be appointed by the governor, two members to be
appointed by the temporary president of the senate, one member to be
appointed by the minority leader of the senate, two members to be
appointed by the speaker of the assembly and one member to be appointed
by the minority leader of the assembly. Of such appointments:
(1) two members who are veterans with knowledge of or experience with
exposure to toxic materials or harmful physical agents such as depleted
uranium appointed, one each, by the temporary president of the senate
and the speaker of the assembly; and
(2) four members who are physicians or scientists with knowledge of or
experience in the detection or health effects to exposure to toxic mate-
rials or harmful physical agents such as depleted uranium appointed, one
each, by the temporary president of the senate, the speaker of the
assembly, the minority leader of the senate and the minority leader of
the assembly;
(3) in addition to the foregoing appointed members, the following
state officers, or their designees, shall serve as ex-officio members of
the task force:
(i) the state director of veterans' affairs;
(ii) the commissioner of the department of health; and
(iii) the adjutant general.
(c) The person retained to conduct the study under subdivision (a) of
this section shall, prior to being retained, disclose to the appointing
authority any research done by such person (1) on any matters related to
exposure to toxic materials or harmful physical agents such as depleted


CHAP. 743 4

uranium, or (2) that was funded by an entity that is engaged in manufac-
turing processes that use toxic materials or harmful physical agents
such as depleted uranium.
(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) No appointed member shall be a member of the executive, legisla-
tive, or judicial branch of the state government at the time of his or
her appointment.
(f) The temporary president of the senate and the speaker of the
assembly shall appoint chairpersons of the task force among the members
appointed under subdivision (b) of this section. The 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.
(g) The members of the task force shall receive no compensation for
their service, but members who are not state officials shall be reim-
bursed for their actual and necessary expenses, including travel
expenses, incurred in the performance of their duties. State officials
and employees shall be entitled to such reimbursement for actual and
necessary expenses incurred in the performance of their duties as task
force members as otherwise provided by law or rules and regulations.
(h) The task force shall issue and submit a report on its findings and
recommendations to the chair of the senate veterans, homeland security
and military affairs committee and the chair of the assembly veterans'
affairs committee. Such report shall be transmitted to the governor,
temporary president of the senate and the speaker of the assembly. The
report shall be filed no later than thirty days after the completion of
the responsibilities set forth by subdivision a of this section.
§ 5. This act shall take effect immediately, provided, however, that
the task force established pursuant to section four of this act shall
expire and be terminated on the first day next succeeding the date of
the submission of its report as provided in section four of this act
and; provided further, however, that the chairpersons of the task force
shall notify the legislative bill drafting commission upon the
submission of its report as provided for in section four of this act in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effecting the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly
 

Top of Page


A09116 Summary:
BILL NO    A09116A

SAME AS Same as S 6964

SPONSOR Dinowitz

COSPNSR Pheffer, Cahill, Sweeney, Towns, Benedetto, Colton, Schimminger,
Christensen, Zebrowski, Gunther, McEneny, Schroeder, Espaillat, River
P, Aubertine, Ortiz

MLTSPNSR Alfano, Bacalles, Benjamin, Boyland, Bradley, Brennan, Brodsky,
Burling, Calhoun, Canestrari, Clark, Cohen A, Cook, Crouch, Cusick,
Destito, DiNapoli, Errigo, Fields, Finch, Galef, Giglio, Glick,
Gordon, Gottfried, Hawley, John, Koon, Lafayette, Lavelle, Lavine,
Lupardo, Manning, Mayersohn, Meng, Miller, Millman, Mosiello, Nolan,
Quinn, Reilly, Robinson, Thiele, Tokasz, Walker, Weisenberg, Wirth,
Wright

Add S366, Exec L

Obtains treatment services for exposure to depleted uranium, including a best
practice health screening test for exposure to depleted uranium; requires a
report to be submitted on the scope of training received by the NY national
guard on detecting exposure to depleted uranium; and further establishes a task
force to study the effects of the exposure.

Top of Page

A09116 Actions:

BILL NO    A09116B

01/04/2006 referred to veterans` affairs
02/23/2006 amend and recommit to veterans` affairs
02/23/2006 print number 9116a
05/24/2006 amend (t) and recommit to veterans` affairs
05/24/2006 print number 9116b
06/06/2006 reported referred to ways and means
06/14/2006 reported referred to rules
06/19/2006 reported
06/19/2006 rules report cal.936
06/19/2006 substituted by s6964a
S06964A AMEND= MORAHAN
03/09/2006 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAI
05/16/2006 1ST REPORT CAL.1239
05/17/2006 2ND REPORT CAL.
05/22/2006 ADVANCED TO THIRD READING
06/05/2006 AMENDED ON THIRD READING (T) 6964A
06/14/2006 PASSED SENATE
06/14/2006 DELIVERED TO ASSEMBLY
06/14/2006 referred to ways and means
06/19/2006 substituted for a9116b
06/19/2006 ordered to third reading rules cal.936
06/19/2006 passed assembly
06/19/2006 returned to senate
10/30/2006 DELIVERED TO GOVERNOR

Top of Page

A09116 Votes
Top of Page

A09116 Memo:
 BILL NUMBER:  A9116B

TITLE OF BILL : An act to amend the executive law, in relation to
assisting members and veterans in obtaining treatment services for
exposure to toxic materials or harmful physical agents such as
depleted uranium; to amend the public health law, in relation to
providing information on harmful physical agents to veterans; and to
establish a task force to study the effects of health problems due to
military service such as the exposure to depleted uranium

PURPOSE OR GENERAL IDEA OF BILL : To assist members of the military
who may have been exposed to toxic materials or harmful physical
agents such as depleted uranium, in obtaining treatment, include toxic
materials or harmful physical agents such as depleted uranium in the
Veterans health care information program and to create a task force to
study the effect of exposure to toxic materials or harmful physical
agents such as depleted uranium.

SUMMARY OF SPECIFIC PROVISIONS : Amends the executive law by adding a
new section 366. Subdivision 1 contains definitions applicable to the
section. Section 2 orders the adjutant general to assist eligible
veterans in obtaining treatment for exposure to toxic materials or
harmful physical agents such as depleted uranium. Section 3 orders the
adjutant general to assess the risk of toxic materials or harmful
physical agents such as depleted uranium.

JUSTIFICATION : Many of the soldiers returning from active combat
zones are experiencing adverse health effects from what many claim is
exposure to depleted uranium. This legislation will help to provide
treatment for returning soldiers that are experiencing problems
because of exposure to depleted uranium or other hazardous materials
and will help to establish the cause of Gulf War Syndromes, which are
not well known.

PRIOR LEGISLATIVE HISTORY : New Bill

FISCAL IMPLICATIONS : To be determined

EFFECTIVE DATE : This act shall take effect immediately, provided,
however, that the task force established pursuant to section four of
this act shall expire and be terminated on the first day next
succeeding the date of submission of its report as provided in section
two of this act and; provided further, however, that the chairpersons
of the task force shall notify the legislative bill drafting
commission upon the submission of its report as provided for in
section two of this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of
the public officers law.

Top of Page

STATE OF NEW YORK

9116--B

I N A S S E M B L Y

(PREFILED)

January 4, 2006
___________

Introduced by M. of A. DINOWITZ, PHEFFER, CAHILL, SWEENEY, TOWNS, BENE-
DETTO, COLTON, SCHIMMINGER, CHRISTENSEN, ZEBROWSKI, GUNTHER, McENENY,
SCHROEDER, ESPAILLAT, P. RIVERA, AUBERTINE, ORTIZ, EDDINGTON --
Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BENJAMIN, BOYLAND,
BRADLEY, BRENNAN, BRODSKY, BURLING, CALHOUN, CANESTRARI, CLARK,
A. COHEN, COOK, CROUCH, CUSICK, DESTITO, DiNAPOLI, ERRIGO, FIELDS,
FINCH, GALEF, GIGLIO, GLICK, GORDON, GOTTFRIED, HAWLEY, JOHN, KOON,
LAFAYETTE, LAVELLE, LAVINE, LIFTON, LUPARDO, MANNING, MAYERSOHN, MENG,
MILLER, MILLMAN, MOSIELLO, NOLAN, QUINN, REILLY, ROBINSON, THIELE,
TOKASZ, WALKER, WEISENBERG, WIRTH, WRIGHT -- read once and referred to
the Committee on Veterans` Affairs -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to assisting members and
veterans in obtaining treatment services for exposure to toxic materi-
als or harmful physical agents such as depleted uranium; to amend the
public health law, in relation to providing information on harmful
physical agents to veterans; and to establish a task force to study
the effects of health problems due to military service such as the
exposure to depleted uranium

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Legislative intent. The legislature finds that pre-deploy-
2 ment health assessments and post-deployment assessments and reassess-
3 ments for evaluating Gulf War Veterans are required under Section 1074f
4 of title 10, United States Code.
5 The legislature finds that Veterans Health Administration (VHA) Hand-
6 book outlines the policy and procedures evaluating Gulf War veterans,
7 including those who served in Operation Iraqi Freedom, with possible
8 exposure to depleted uranium. Army Regulation 700-48 prescribes policy
9 and procedures for the management of equipment contaminated with

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD13964-07-6

A. 9116--B 2

1 depleted uranium or radioactive commodities. The regulation applies to
2 the department of the army, U.S. Army Reserve and Army National Guard.
3 The legislature finds that many veterans who have served in the
4 Persian Gulf area since the 1990s have been experiencing health prob-
5 lems.
6 The legislature hereby declares that an examination of the medical
7 issues and exposure of troops to toxic materials or harmful physical
8 agents such as depleted uranium should be explored.
9 The legislature also declares that assisting troops who are members of
10 the New York Army National Guard and New York Air National Guard who
11 have been federalized and sent to combat theater areas or combat zones
12 and have returned home to New York state is warranted.
13 S 2. The executive law is amended by adding a new section 366 to read
14 as follows:
15 S 366. VETERANS HEALTH SCREENING. 1. AS USED IN THIS SECTION: A.
16 "ELIGIBLE MEMBER" MEANS A MEMBER OF THE NEW YORK ARMY NATIONAL GUARD OR
17 THE NEW YORK AIR NATIONAL GUARD WHO SERVED IN THE PERSIAN GULF WAR, AS
18 DEFINED IN 38 USC 101, OR IN AN AREA DESIGNATED AS A COMBAT ZONE BY THE
19 PRESIDENT OF THE UNITED STATES DURING OPERATION ENDURING FREEDOM OR
20 OPERATION IRAQI FREEDOM;
21 B. "VETERAN" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS STATE,
22 WHO HAS SERVED IN THE ACTIVE MILITARY, NAVAL OR AIR SERVICE OF THE
23 UNITED STATES DURING A TIME OF WAR IN WHICH THE UNITED STATES ENGAGED
24 AND WHO HAS BEEN RELEASED FROM SUCH SERVICE OTHERWISE THAN BY DISHONOR-
25 ABLE DISCHARGE, OR WHO HAS BEEN FURLOUGHED TO THE RESERVE;
26 C. "MILITARY PHYSICIAN" INCLUDES A PHYSICIAN WHO IS UNDER CONTRACT
27 WITH THE UNITED STATES DEPARTMENT OF DEFENSE TO PROVIDE PHYSICIAN
28 SERVICES TO MEMBERS OF THE ARMED FORCES; AND
29 D. "DEPLETED URANIUM" MEANS URANIUM CONTAINING LESS URANIUM-235 THAN
30 THE NATURALLY OCCURRING DISTRIBUTION OF URANIUM ISOTOPES.
31 2. ON AND AFTER FEBRUARY FIRST, TWO THOUSAND SEVEN, THE ADJUTANT
32 GENERAL AND THE STATE DIRECTOR SHALL ASSIST ANY ELIGIBLE MEMBER OR
33 VETERAN WHO HAS BEEN EXPERIENCING HEALTH PROBLEMS. SUCH PROBLEMS MAY
34 INCLUDE EXPOSURE TO TOXIC MATERIALS OR HARMFUL PHYSICAL AGENTS SUCH AS
35 DEPLETED URANIUM. AN ELIGIBLE MEMBER OR VETERAN WHO HAS BEEN ASSIGNED A
36 RISK LEVEL I, II OR III FOR DEPLETED URANIUM EXPOSURE BY HIS OR HER
37 BRANCH OF SERVICE, IS REFERRED BY A MILITARY PHYSICIAN, OR HAS REASON TO
38 BELIEVE THAT HE OR SHE WAS EXPOSED TO TOXIC MATERIALS OR HARMFUL PHYS-
39 ICAL AGENTS SUCH AS DEPLETED URANIUM DURING SUCH SERVICE, IN OBTAINING
40 FEDERAL TREATMENT SERVICES. SUCH TREATMENT SHALL INCLUDE, BUT NOT BE
41 LIMITED TO, A BEST PRACTICE HEALTH SCREENING TEST FOR EXPOSURE TO
42 DEPLETED URANIUM USING A BIOASSAY PROCEDURE INVOLVING SENSITIVE METHODS
43 CAPABLE OF DETECTING DEPLETED URANIUM AT LOW LEVELS AND THE USE OF
44 EQUIPMENT WITH THE CAPACITY TO DISCRIMINATE BETWEEN DIFFERENT RADIOISO-
45 TOPES IN NATURALLY OCCURRING LEVELS OF URANIUM AND THE CHARACTERISTIC
46 RATIO AND MARKER FOR DEPLETED URANIUM. AS MORE SCIENTIFIC RELIABLE
47 TESTS BECOME AVAILABLE SUCH TEST SHALL BE INCLUDED IN THE TREATMENT
48 PROTOCOL. NO STATE FUNDS SHALL BE USED TO PAY FOR SUCH TESTS OR SUCH
49 OTHER FEDERAL TREATMENT SERVICES.
50 3. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND SEVEN, THE ADJUTANT
51 GENERAL SHALL SUBMIT A REPORT TO THE CHAIR OF THE SENATE VETERANS, HOME-
52 LAND SECURITY AND MILITARY AFFAIRS COMMITTEE AND THE CHAIR OF THE ASSEM-
53 BLY VETERANS` AFFAIRS COMMITTEE ON THE SCOPE AND ADEQUACY OF TRAINING
54 RECEIVED BY MEMBERS OF THE NEW YORK ARMY NATIONAL GUARD AND THE NEW YORK
55 AIR NATIONAL GUARD ON DETECTING WHETHER THEIR SERVICE AS ELIGIBLE
56 MEMBERS IS LIKELY TO ENTAIL, OR TO HAVE ENTAILED, EXPOSURE TO TOXIC

A. 9116--B 3

1 MATERIALS OR HARMFUL PHYSICAL AGENTS SUCH AS DEPLETED URANIUM. THE
2 REPORT SHALL INCLUDE AN ASSESSMENT OF THE FEASIBILITY AND COST OF ADDING
3 PREDEPLOYMENT TRAINING CONCERNING POTENTIAL EXPOSURE TO DEPLETED URANIUM
4 AND OTHER TOXIC CHEMICAL SUBSTANCES AND THE PRECAUTIONS RECOMMENDED
5 UNDER COMBAT AND NONCOMBAT CONDITIONS WHILE IN A COMBAT THEATER OR
6 COMBAT ZONE OF OPERATIONS.
7 S 3. Section 3803 of the public health law, as added by chapter 106 of
8 the laws of 2003, is amended to read as follows:
9 S 3803. Veterans health care information program. 1. There is hereby
10 created within the department the veterans health care information
11 program (referred to in this section as the "program"), which shall
12 provide information on health issues associated with military duty,
13 including but not limited to Agent Orange, Gulf War {Syndrome}
14 SYNDROMES, TOXIC MATERIALS OR HARMFUL PHYSICAL AGENTS SUCH AS, DEPLETED
15 URANIUM, and hepatitis C, for veterans, their surviving spouses and
16 health care providers.
17 2. The program shall include but not be limited to the following
18 elements:
19 (a) public service announcements; {and}
20 (b) establishment of a toll-free telephone hotline to provide informa-
21 tion regarding health care providers and treatment centers with exper-
22 tise in illnesses associated with military duty; AND
23 (C) ESTABLISH A VETERANS HEALTH INFORMATION CLEARING HOUSE ON-LINE.
24 3. In exercising any of his or her powers under this section, the
25 commissioner shall consult with appropriate health care professionals,
26 providers, veterans or organizations representing them, the division of
27 veterans` affairs {and}, the federal department of veterans` affairs AND
28 THE UNITED STATES DEFENSE DEPARTMENT.
29 4. The commissioner may make rules and regulations necessary and
30 appropriate for the implementation of this section.
31 S 4. (a) There is hereby established a task force on health problems
32 due to military service to study the health effects of exposure to toxic
33 materials or harmful physical agents such as depleted uranium, as they
34 relate to military service. The task force shall, within available
35 appropriations and with the approval of the temporary president of the
36 senate and the speaker of the assembly, and subject to the provisions of
37 this section:
38 (1) commission a study to consider the health of service members who
39 have been exposed to toxic materials or harmful physical agents, such as
40 depleted uranium since August 2, 1990, and conduct a scientific confer-
41 ence on such health effects;
42 (2) develop in conjunction with the department of health, state direc-
43 tor of veterans` affairs and the adjutant general a health registry for
44 veterans and military personnel returning from Afghanistan, Iraq and
45 other countries in which exposure to toxic materials or harmful physical
46 agents such as depleted uranium may be found;
47 (3) develop a plan for outreach to and follow-up of military personnel
48 and veterans in consultation with the division of veterans` affairs and
49 the adjutant general;
50 (4) prepare a report for service members and veterans concerning
51 potential exposure to toxic materials or harmful physical agents such as
52 depleted uranium and the precautions recommended under combat and non-
53 combat conditions while in a combat theater or combat zone; and
54 (5) make any other recommendations the task force considers appropri-
55 ate.

A. 9116--B 4

1 (b) The task force shall consist of eleven members to be appointed as
2 follows: five members to be appointed by the governor, two members to be
3 appointed by the temporary president of the senate, one member to be
4 appointed by the minority leader of the senate, two members to be
5 appointed by the speaker of the assembly and one member to be appointed
6 by the minority leader of the assembly. Of such appointments:
7 (1) two members who are veterans with knowledge of or experience with
8 exposure to toxic materials or harmful physical agents such as depleted
9 uranium appointed, one each, by the temporary president of the senate
10 and the speaker of the assembly; and
11 (2) four members who are physicians or scientists with knowledge of or
12 experience in the detection or health effects to exposure to toxic mate-
13 rials or harmful physical agents such as depleted uranium appointed, one
14 each, by the temporary president of the senate, the speaker of the
15 assembly, the minority leader of the senate and the minority leader of
16 the assembly;
17 (3) in addition to the foregoing appointed members, the following
18 state officers, or their designees, shall serve as ex-officio members of
19 the task force:
20 (i) the state director of veterans` affairs;
21 (ii) the commissioner of the department of health; and
22 (iii) the adjutant general.
23 (c) The person retained to conduct the study under subdivision (a) of
24 this section shall, prior to being retained, disclose to the appointing
25 authority any research done by such person (1) on any matters related to
26 exposure to toxic materials or harmful physical agents such as depleted
27 uranium, or (2) that was funded by an entity that is engaged in manufac-
28 turing processes that use toxic materials or harmful physical agents
29 such as depleted uranium.
30 (d) All appointments to the task force shall be made no later than
31 thirty days after the effective date of this act. Any vacancy shall be
32 filled by the appointing authority.
33 (e) No appointed member shall be a member of the executive, legisla-
34 tive, or judicial branch of the state government at the time of his or
35 her appointment.
36 (f) The temporary president of the senate and the speaker of the
37 assembly shall appoint chairpersons of the task force among the members
38 appointed under subdivision (b) of this section. The chairpersons shall
39 schedule the first meeting of the task force, which shall be held no
40 later than sixty days after the effective date of this act.
41 (g) The members of the task force shall receive no compensation for
42 their service, but members who are not state officials shall be reim-
43 bursed for their actual and necessary expenses, including travel
44 expenses, incurred in the performance of their duties. State officials
45 and employees shall be entitled to such reimbursement for actual and
46 necessary expenses incurred in the performance of their duties as task
47 force members as otherwise provided by law or rules and regulations.
48 (h) The task force shall issue and submit a report on its findings and
49 recommendations to the chair of the senate veterans, homeland security
50 and military affairs committee and the chair of the assembly veterans`
51 affairs committee. Such report shall be transmitted to the governor,
52 temporary president of the senate and the speaker of the assembly. The
53 report shall be filed no later than thirty days after the completion of
54 the responsibilities set forth by subdivision a of this section.
55 S 5. This act shall take effect immediately, provided, however, that
56 the task force established pursuant to section four of this act shall

A. 9116--B 5

1 expire and be terminated on the first day next succeeding the date of
2 the submission of its report as provided in section four of this act
3 and; provided further, however, that the chairpersons of the task force
4 shall notify the legislative bill drafting commission upon the
5 submission of its report as provided for in section four of this act in
6 order that the commission may maintain an accurate and timely effective
7 data base of the official text of the laws of the state of New York in
8 furtherance of effecting the provisions of section 44 of the legislative
9 law and section 70-b of the public officers law.

Top of Page

STATUS:

S6964-A  MORAHAN
Executive Law
TITLE....Obtains treatment services for exposure to toxic materials or harmful physical agents and establishes a task force to study the effects of the exposure
03/09/06 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
05/16/06 1ST REPORT CAL.1239
05/17/06 2ND REPORT CAL.
05/22/06 ADVANCED TO THIRD READING
06/05/06 AMENDED ON THIRD READING (T) 6964A
06/14/06 PASSED SENATE
06/14/06 DELIVERED TO ASSEMBLY
06/14/06 referred to ways and means
06/19/06 substituted for a9116b
06/19/06 ordered to third reading rules cal.936
06/19/06 passed assembly
06/19/06 returned to senate
10/30/06 DELIVERED TO GOVERNOR
11/10/06 SIGNED CHAP.743

Top of Page

SUMMARY:

MORAHAN, MARCHI

Add S366, Exec L

Obtains treatment services for exposure to depleted uranium, including a best practice health screening test for exposure to depleted uranium; requires a report to be submitted on the scope of training received by the NY national guard on detecting exposure to depleted uranium; and further establishes a task force to study the effects of the exposure.

Top of Page

BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
 6964
 IN SENATE
 March 9, 2006
___________

Introduced  by  Sens. MORAHAN, MARCHI -- read twice and ordered printed, and when printed to be committed to the Committee on  Veterans,  Homeland Security and Military Affairs
 AN  ACT to amend the executive law, in relation to assisting members and veterans in obtaining treatment  services  for  exposure  to  depleted uranium;  to  establish a task force to study the effects of the exposure to depleted uranium
The People of the State of New York, represented in Senate and  Assembly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new section 366 to
     2  read as follows:
     3    §  366.  Depleted  uranium  exposure  screening.  1.  As  used in this
     4  section: a. "Eligible member" means a member of the  New  York  national
     5  guard  who  served in the Persian Gulf War, as defined in 38 USC 101, or
     6  in an area designated as a combat zone by the president  of  the  United
     7  States during Operation Enduring Freedom or Operation Iraqi Freedom;
     8    b.  "Veteran"  means a person, male or female, resident of this state,
     9  who has served in the active military or naval  service  of  the  United
    10  States  during a war in which the United States engaged and who has been
    11  released from such service otherwise than by dishonorable discharge,  or
    12  who has been furloughed to the reserve;
    13    c.  "Military  physician"  includes  a physician who is under contract
    14  with the United  States  department  of  defense  to  provide  physician
    15  services to members of the armed forces; and
    16    d.  "Depleted  uranium" means uranium containing less uranium-235 than
    17  the naturally occurring distribution of uranium isotopes.
    18    2. On and after October first, two thousand six, the adjutant  general
    19  and  the  state director shall assist any eligible member or veteran who
    20  has been assigned a risk level I, II or III for depleted  uranium  expo-
    21  sure  by  his or her branch of service, is referred by a military physi-
    22  cian, or has reason to believe that he or she was  exposed  to  depleted
    23  uranium  during  such  service, in obtaining federal treatment services,
    24  including a best practice health screening test for exposure to depleted
    25  uranium using a bioassay procedure involving sensitive  methods  capable

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13964-04-6

S. 6964 2 1 of detecting depleted uranium at low levels and the use of equipment 2 with the capacity to discriminate between different radioisotopes in 3 naturally occurring levels of uranium and the characteristic ratio and 4 marker for depleted uranium. No state funds shall be used to pay for 5 such tests or such other federal treatment services. 6 3. On or before October first, two thousand six, the adjutant general 7 shall submit a report to the chair of the senate veterans, homeland 8 security and military affairs committee and the chair of the assembly 9 veterans' affairs committee on the scope and adequacy of training 10 received by members of the New York national guard on detecting whether 11 their service as eligible members is likely to entail, or to have 12 entailed, exposure to depleted uranium. The report shall include an 13 assessment of the feasibility and cost of adding predeployment training 14 concerning potential exposure to depleted uranium and other toxic chemi- 15 cal substances and the precautions recommended under combat and noncom- 16 bat conditions while in a combat zone. 17 § 2. (a) There is hereby established a task force on depleted uranium 18 to study the health effects of the exposure to hazardous materials, 19 including, but not limited to, depleted uranium, as they relate to mili- 20 tary service. The task force shall, within available appropriations and 21 with the approval of the temporary president of the senate and the 22 speaker of the assembly, and subject to the provisions of this section: 23 (1) commission a study to consider the health of service members who 24 may have been exposed to hazardous materials since August 2, 1990, and 25 conduct a scientific conference on such health effects; 26 (2) initiate a health registry for veterans and military personnel 27 returning from Afghanistan, Iraq or other countries in which depleted 28 uranium or other hazardous materials may be found; 29 (3) develop a plan for outreach to and follow-up of military person- 30 nel; 31 (4) prepare a report for service members concerning potential exposure 32 to depleted uranium and other toxic chemical substances and the precau- 33 tions recommended under combat and noncombat conditions while in a 34 combat zone; and 35 (5) make any other recommendations the task force considers appropri- 36 ate. 37 (b) The task force shall consist of twelve members to be appointed as 38 follows: 39 (1) the state director of veterans' affairs or a designee; 40 (2) the commissioner of the department of health or a designee; 41 (3) two members who are veterans with knowledge of or experience with 42 exposure to hazardous materials, appointed, one each, by the temporary 43 president of the senate and the speaker of the assembly; and 44 (4) eight members who are physicians or scientists with knowledge of 45 or experience in the detection or health effects of exposure to depleted 46 uranium or other hazardous materials, appointed, two each, by the tempo- 47 rary president of the senate, the speaker of the assembly, the minority 48 leader of the senate and the minority leader of the assembly. 49 (c) The person retained to conduct the study under subdivision (a) of 50 this section shall, prior to being retained, disclose to the temporary 51 president of the senate and the speaker of the assembly any research 52 done by such person (1) on any matters related to depleted uranium, or 53 (2) that was funded by an entity that is engaged in manufacturing proc- 54 esses that use depleted uranium.

S. 6964 3 1 (d) All appointments to the task force shall be made no later than 2 thirty days after the effective date of this act. Any vacancy shall be 3 filled by the appointing authority. 4 (e) The temporary president of the senate and the speaker of the 5 assembly shall appoint chairpersons of the task force from among the 6 members appointed under subdivision (b) of this section. The chair- 7 persons shall schedule the first meeting of the task force, which shall 8 be held no later than sixty days after the effective date of this act. 9 (f) The task force may employ and at pleasure remove such personnel as 10 it may deem necessary for the performance of its functions. 11 (g) The members of the task force shall receive no compensation for 12 their services, but shall be allowed their actual and necessary expenses 13 incurred in the performance of their duties. 14 (h) On or before January 31, 2007, the task force shall issue and 15 submit a report on its findings and recommendations to the chair of the 16 senate veterans, homeland security and military affairs committee and 17 the chair of the assembly veterans' affairs committee. Such report 18 shall be transmitted to the governor, the temporary president of the 19 senate and the speaker of the assembly. 20 § 3. This act shall take effect immediately, provided, however, that 21 the task force established pursuant to section two of this act shall 22 expire and be terminated on the first day next succeeding the date of 23 the submission of its report as provided in section two of this act and; 24 provided further, however, that the chairpersons of the task force shall 25 notify the legislative bill drafting commission upon the submission of 26 its report as provided for in section two of this act in order that the 27 commission may maintain an accurate and timely effective data base of 28 the official text of the laws of the state of New York in furtherance of 29 effecting the provisions of section 44 of the legislative law and 30 section 70-b of the public officers law.

Top of Page

SPONSORS MEMO:

NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S6964
 
SPONSOR: MORAHAN

TITLE OF BILL:
 
An act to amend the executive law, in relation to assisting members and veterans in obtaining treatment services for exposure to depleted uranium; to establish a task force to study the effects of the exposure to depleted uranium
 
PURPOSE:
 
To assist members of the military who may have been exposed to depleted uranium in obtaining treatment and to create a task force to study the effect of exposure to depleted uranium.
 
SUMMARY OF PROVISIONS:
 
Amends the executive law by adding a new section 366. Subdivision 1 contains definitions applicable to the section. Section 2 orders the adjutant general to assist eligible veterans in obtaining treatment for exposure to depleted uranium. Section 3 orders the adjutant general to assess the risk of depleted uranium to soldiers.
 
EXISTING LAW:
 
Adds new section 366 to the executive law.
 
JUSTIFICATION:
 
Many of the soldiers returning from active combat zones are experiencing adverse health effects from what many claim is exposure to depleted uranium. This legislation will help to provide treatment for returning soldiers that are experiencing problems because of exposure to depleted uranium and will help to establish the effects of depleted uranium, which are not well known.
 
LEGISLATIVE HISTORY:
 
New bill.
 
FISCAL IMPLICATIONS:
 
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the task force established pursuant to section two of this act shall expire and be terminated on the first day next succeeding the date of submission of its report as provided in section two of this act and; provided further, however, that the chairpersons of the task force shall notify the legislative bill drafting commission upon the submission of its report as provided for in section two of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.

Top of Page