75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3480
Sponsored by Representatives SHIELDS, BARTON, MATTHEWS;
Representatives BARKER, GELSER, KAHL, KOMP, STIEGLER, VANORMAN,
Senator SCHRADER
CHAPTER ................
AN ACT
Relating to chemical exposure of members of the Oregon National
Guard; appropriating money; and declaring an emergency.
Whereas members of the Oregon National Guard were called up and
honorably served their country, their state and the people of
Iraq in Operation Iraqi Freedom; and
Whereas Halliburton Company and its former subsidiaries,
including KBR, Kellogg Brown and Root Services and KBR Technical
Services, as part of Operation Restore Iraqi Oil (Project RIO),
contracted to and were charged with assessment, restoration and
protection of personnel at KBR's Qarmat Ali project near Basra,
southern Iraq; and
Whereas certain members of the Oregon National Guard while
serving at Qarmat Ali were exposed to toxic chemicals, including
in particular hexavalent chromium, a component of sodium
dichromate, present since at least April 2003; and
Whereas hexavalent chromium, a component of sodium dichromate,
is a known, potent toxin with numerous health effects on exposed
humans, including respiratory and other cancers; and
Whereas the Oregon Legislative Assembly recognizes and
appreciates the service of members of the Oregon National Guard;
now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Military Department may make
payments to members of the Oregon National Guard who develop
cancer as a result of exposure to hexavalent chromium while
serving in Iraq in 2003. The purposes for which the payments may
be made to eligible members of the Oregon National Guard include,
but are not limited to, assistance with medical needs not covered
by the United States Department of Veterans Affairs, assistance
with nonmedical needs or compensation for lost wages.
(2) The Oregon Military Department shall adopt rules setting
procedures for determining:
(a) An individual's eligibility to receive payments; and
(b) The amounts and number of payments an eligible individual
may receive.
(3) If the Oregon Military Department makes a payment under
subsection (1) of this section, the department is subrogated, to
the extent of the payment, to the rights of the recipient of the
payment against any person or other entity that is liable for the
exposure to hexavalent chromium that led to the payment made
Enrolled House Bill 3480 (HB 3480-A) Page 1
under subsection (1) of this section. The department may commence
an appropriate action in any court, in the name of the state, to
enforce the rights.
(4) The Oregon Military Department may not pay any expenses of
administering this section out of moneys appropriated to the
department for purposes of making payments under this
section. + }
SECTION 2. { + There is appropriated to the Oregon Military
Department, for the biennium beginning July 1, 2009, out of the
General Fund, the amount of $30,000 for the purpose of carrying
out the provisions of section 1 of this 2009 Act. + }
SECTION 3. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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Passed by House June 26, 2009
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 29, 2009
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President of Senate
Enrolled House Bill 3480 (HB 3480-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3480 (HB 3480-A) Page 3