State of South Dakota  

HOUSE BILL   NO.     1202  

Introduced by:     Representatives Gillespie, Elliott, and Halverson and Senators Hanson (Gary), Bartling, Maher, and Peterson (Jim)  

         FOR AN ACT ENTITLED, An Act to  provide for the notification of certain members of the armed forces concerning screening for exposure to depleted uranium.
     Section  1.  Terms used in this Act mean:
             (1)    "Depleted uranium," uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes;
             (2)    "Eligible member," a member who served in Bosnia or Kosovo or in the Persian Gulf War, as defined in 38 USC 101, as amended to January 1, 2007, 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," a member of the armed forces of the United States, including the South Dakota National Guard, who is a resident of this state;
             (4)    "Veteran," a veteran as defined in §  33-17-1 who served as an eligible member.
     Section  2.  After September 30, 2007, 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 the member's or veteran's branch or service, or any other member or veteran who has reason to believe that the member or veteran was exposed to depleted uranium during such service, shall be informed, upon request, of the member's or veteran's right to a medical evaluation for exposure to depleted uranium to be conducted at the nearest United States Department of Veterans Affairs medical facility. The Department of Military and Veterans Affairs shall promulgate rules pursuant to chapter 1-26 to provide for the notification of members and veterans required pursuant to this Act.
     Section  3.  Before January 1, 2008, the adjutant general of the South Dakota National Guard shall submit a report to the Legislature 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.