House Bill No. 5113
House Bill No. 5113
PUBLIC ACT NO. 97-144
AN ACT ESTABLISHING A PERSIAN GULF WAR INFORMATION
RELIEF COMMISSION AND ALLOWING THE DEPARTMENT OF
VETERANS' AFFAIRS TO PARTICIPATE IN PROBATE COURT
PROCEEDINGS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) As used in sections 1 to 3,
inclusive, of this act, the following terms shall
have the following meanings, unless the context
clearly indicates another meaning:
(1) "Commission" means the Persian Gulf War
Information and Relief Commission established in
section 2 of this act;
(2) "Commissioner" means the Commissioner of
Veterans' Affairs;
(3) "Department" means the Department of
Veterans' Affairs;
(4) "Veteran" means a person who (A) was a
resident of the state at the time of his induction
into the armed forces of the United States or is
currently a resident of the state, and (B) served
during the Persian Gulf War during Operation
Desert Shield or Operation Desert Storm, as
defined in section 27-103 of the general statutes;
and
(5) "Gulf War-related risk substance" means
any environmental or chemical substance or
condition which was present in the Persian Gulf
region during and following the Persian Gulf War,
including, but not limited to, pesticides,
chemical or biological warfare agents, vaccines,
pyridostigmine bromide, infectious diseases,
depleted uranium, oil well fires and smoke and
petroleum products.
Sec. 2. (NEW) (a) There is established a
Persian Gulf War Information and Relief Commission
which shall obtain information relating to the
health effects of exposure to any Gulf War-related
risk substance for veterans of this state who may
have been exposed to any such substance in the
Persian Gulf region during their period of
military service in the Persian Gulf War.
(b) The commission shall consist of five
members, who shall serve for a term of five years,
one of whom shall be the Commissioner of Veterans'
Affairs, or his designee. The remaining members
shall be appointed as follows: The president pro
tempore of the Senate shall appoint one member,
the minority leader of the Senate shall appoint
one member, the speaker of the House of
Representatives shall appoint one member and the
minority leader of the House of Representatives
shall appoint one member. Of the five members,
there shall be at least two honorably discharged
veterans on the commission, one of whom shall have
served in the Persian Gulf region during the
Persian Gulf War. One member of the commission
shall be a toxicologist and one member shall be an
epidemiologist, each of whom shall be licensed by
the state.
(c) The commission shall elect a chairperson
from among its members. Vacancies in the
membership of the commission and its officers
shall be filled for the unexpired term in the same
manner as the original appointment or election.
The commission shall meet at least four times a
year at the call of the chairperson. The initial
meeting of the commission shall be called by the
Commissioner of Veterans' Affairs not later than
September 1, 1997. The members of the commission
shall receive no compensation for their services.
Sec. 3. (NEW) (a) The Persian Gulf War
Information and Relief Commission shall advise the
Department of Veterans' Affairs on (1) medical,
administrative and social assistance needed for
veterans who were or may have been exposed to any
Gulf War-related risk substance, (2)
recommendations for legislation, and (3)
information that should be provided to veterans
concerning epidemiological or other studies
relating to exposure to any Gulf War-related risk
substance and any illness suffered by veterans of
military service in the Persian Gulf War as a
result of such veterans' exposure to any such Gulf
War-related risk substance which are being
conducted by the state or federal government.
(b) The commission shall not disclose
information received pursuant to this act so as to
divulge the identities of the persons to whom it
relates except as is necessary to carry out the
purposes of this act.
(c) The commission shall submit a preliminary
report to the Governor and the General Assembly on
or before April 1, 1998, on its findings,
recommendations and conclusions. The commission
shall submit annual reports thereafter on or
before February fifteenth of each year.
Sec. 4. Section 45a-131 of the general
statutes is repealed and the following is
substituted in lieu thereof:
In any proceeding in the Probate Court in
which the state is interested through the
Department of Social Services, [or] the Department
of Administrative Services OR THE DEPARTMENT OF
VETERANS' AFFAIRS, any employee of any such
department shall be permitted to participate fully
in the proceeding in the same manner as any other
interested party before the court. The judge of
the court shall not require that the state be
represented by an attorney-at-law as a condition
of participation.
Sec. 5. This act shall take effect July 1,
1997, except that section 4 shall take effect
October 1, 1997.
Approved June 13, 1997