House File 512 - Introduced HOUSE FILE 512 BY ANDREWS A BILL FOR An Act relating to the establishment of a statewide alert 1 system for missing service members. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1953YH (1) 90 dg/rn
H.F. 512 Section 1. NEW SECTION . 35E.1 Definitions. 1 For the purposes of this chapter, unless the context 2 otherwise requires: 3 1. Alert means a statewide green alert for missing service 4 members pursuant to this chapter. 5 2. Department means the Iowa department of veterans 6 affairs created in section 35A.4. 7 3. Law enforcement agency means a law enforcement agency 8 with jurisdiction over the investigation of a missing service 9 member. 10 4. Service member means a person who is a current or 11 former regular or reserve member of the armed forces of the 12 United States, the United States coast guard, the civil air 13 patrol, or a unit created pursuant to section 29A.2. 14 Sec. 2. NEW SECTION . 35E.2 Green alert system. 15 The department shall do all of the following: 16 1. Develop and implement a statewide green alert system 17 that may be activated to inform the public of a missing service 18 member who suffers from a mental illness, including but not 19 limited to post-traumatic stress disorder or a brain injury. 20 2. Cooperate with the department of transportation, the 21 office of the governor, and law enforcement agencies in this 22 state in order to effectuate the purpose of this subsection. 23 3. Prescribe forms for law enforcement agencies to request 24 the activation of an alert. 25 4. Cooperate with public and private entities, including 26 but not limited to media outlets, commercial entities, local 27 governmental entities, and other appropriate persons, to 28 development and implement the green alert system. 29 5. Upon receiving a notification pursuant to section 35E.3, 30 confirm the accuracy of the information, and, if the department 31 determines the information contained in the report is accurate, 32 immediately issue an alert through media outlets participating 33 in the green alert system and through dynamic notification 34 systems maintained by the department of transportation. 35 -1- LSB 1953YH (1) 90 dg/rn 1/ 6
H.F. 512 6. Terminate an alert on the date the missing service member 1 has been located or the situation is otherwise resolved, or 2 the alert has been issued for the maximum number of days as 3 determined by the department by rule, whichever is earlier. 4 7. Adopt rules to effectuate the purposes of this chapter 5 which shall include but not be limited to all of the following: 6 a. Procedures that law enforcement agencies may use to 7 verify whether a service member is missing and suffers from a 8 mental illness, including but not limited to post-traumatic 9 stress disorder or a brain injury. 10 b. Circumstances when a law enforcement agency shall report 11 a missing service member to the department. 12 c. Procedures for individuals or entities to report 13 information about a missing service member to media outlets in 14 this state. 15 d. Guidance for protecting the privacy of a missing service 16 member for whom an alert has been issued. 17 e. Procedures for service members to opt out of the green 18 alert system. 19 f. The content of an alert issued to the public which 20 shall include but not be limited to information received by 21 a law enforcement agency necessary to be disclosed in order 22 to lead to a safe recovery of the missing service member and 23 instructions for a person with information related to a missing 24 service member to contact a law enforcement agency. 25 g. The maximum number of days an alert may be issued. 26 Sec. 3. NEW SECTION . 35E.3 Law enforcement agencies 27 duties. 28 1. In addition to any circumstances established by the 29 department by rule, a law enforcement agency shall notify the 30 department if all of the following circumstances apply: 31 a. The law enforcement agency receives a report of a missing 32 service member who has not opted out of the green alert system. 33 b. The law enforcement agency verifies the missing person is 34 a service member, the persons whereabouts are unknown, and the 35 -2- LSB 1953YH (1) 90 dg/rn 2/ 6
H.F. 512 service member suffers from a mental illness, including but not 1 limited to post-traumatic stress disorder or a brain injury. 2 c. The law enforcement agency determines that the 3 disappearance of the service member poses a credible threat to 4 the health or safety of the service member or to the health or 5 safety of another person. 6 2. A law enforcement agency shall verify information 7 described in subsection 1 as soon as practicable after 8 receiving a report of a missing service member. 9 3. When verifying the service member suffers from 10 conditions described in subsection 1, paragraph b , a law 11 enforcement agency shall require a family member, guardian, 12 or person acting under the authority of a health care power 13 of attorney to provide documentation of the service members 14 illness or injury. 15 4. A law enforcement agency shall inform the department 16 immediately upon locating a missing service member or when a 17 missing service members situation is otherwise resolved. 18 Sec. 4. NEW SECTION . 35E.4 Department of transportation 19 limitation on participation. 20 Notwithstanding section 35E.2, the department of 21 transportation shall not be required to use any existing system 22 of dynamic message signs in the green alert system created 23 under this chapter if the department of transportation receives 24 notice from the United States department of transportation 25 federal highway administration that the use of the signs would 26 result in the loss of federal highway funding or other punitive 27 actions due to noncompliance with federal laws, regulations, 28 or policies. 29 Sec. 5. DEPARTMENT OF TRANSPORTATION GREEN ALERT SYSTEM 30 IMPLEMENTATION. The department of transportation is directed 31 to adopt administrative rules pursuant to chapter 17A, in 32 cooperation with the Iowa department of veterans affairs, to 33 develop and implement the green alert system established in 34 chapter 35E. Such administrative rules shall include but not 35 -3- LSB 1953YH (1) 90 dg/rn 3/ 6
H.F. 512 be limited to procedures for cooperating with the department 1 of veterans affairs and procedures for providing relevant 2 information to agency employees, relevant personnel, and the 3 public once an alert has been requested or activated. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanations substance by the members of the general assembly. 7 This bill relates to the establishment of a statewide alert 8 system for missing service members. 9 The bill defines alert as a statewide green alert for 10 missing service members. The bill defines department as 11 the Iowa department of veterans affairs (DVA). The bill 12 defines law enforcement agency as a law enforcement agency 13 with jurisdiction over the investigation of a missing service 14 member. The bill defines service member as a person who is 15 a current or former regular or reserve member of the armed 16 forces of the United States, the United States coast guard, the 17 civil air patrol, the Iowa army national guard, or the Iowa air 18 national guard. 19 The bill requires DVA to develop and implement a statewide 20 green alert system that may be activated to inform the public 21 of a missing service member who suffers from a mental illness, 22 including but not limited to post-traumatic stress disorder, or 23 a brain injury; cooperate with the department of transportation 24 (DOT), the office of the governor, and law enforcement agencies 25 in this state in order to effectuate the purpose of the green 26 alert system; prescribe forms for law enforcement agencies 27 to request the activation of an alert; cooperate with public 28 and private entities, including but not limited to media 29 outlets, commercial entities, local governmental entities, 30 and other appropriate persons, to development and implement 31 the green alert system; upon receiving a notification from a 32 law enforcement agency of a missing service member, confirm 33 the accuracy of the information, and, if DVA determines the 34 information contained in the report is accurate, immediately 35 -4- LSB 1953YH (1) 90 dg/rn 4/ 6
H.F. 512 issue an alert through media outlets participating in the 1 green alert system and through dynamic notification systems 2 maintained by the DOT; and terminate an alert on the date 3 the missing service member has been located or the situation 4 is otherwise resolved, or the alert has been issued for the 5 maximum number of days as determined by DVA by rule, whichever 6 is earlier. 7 The bill requires DVA to adopt rules to effectuate the 8 green alert system which shall include but not be limited to 9 procedures law enforcement agencies shall use to verify whether 10 a service member is missing and suffers from a mental illness, 11 including but not limited to post-traumatic stress disorder, 12 or a brain injury; circumstances when a law enforcement agency 13 shall report a missing service member to the department; 14 procedures for individuals or entities to report information 15 about a missing service member to media outlets in this state; 16 guidance for protecting the privacy of a missing service member 17 for whom an alert has been issued; procedures for service 18 members to opt out of the green alert system; the content of 19 an alert issued to the public which shall include but not be 20 limited to information received by a law enforcement agency 21 necessary to be disclosed in order to lead to a safe recovery 22 of the missing service member and instructions for a person 23 with information related to a missing service member to contact 24 a law enforcement agency; and the maximum number of days an 25 alert may be issued. 26 The bill requires a law enforcement agency, in addition to 27 any circumstances established by DVA by rule, to notify DVA 28 if the law enforcement agency receives a report of a missing 29 service member who has not opted out of the green alert system; 30 the law enforcement agency verifies the missing person is a 31 service member, the persons whereabouts are unknown, and 32 the service member suffers from a mental illness, including 33 but not limited to post-traumatic stress disorder or a brain 34 injury; and the law enforcement agency determines that the 35 -5- LSB 1953YH (1) 90 dg/rn 5/ 6
H.F. 512 disappearance of the service member poses a credible threat to 1 the health or safety of the service member or to the health or 2 safety of another person. 3 The bill requires a law enforcement agency to verify 4 information received relating to a missing service member as 5 soon as practicable after receiving a report of a missing 6 service member. 7 The bill requires a law enforcement agency, when verifying 8 the service member suffers from a mental illness or brain 9 injury, to require a family member, guardian, or person acting 10 under the authority of a health care power of attorney to 11 provide documentation of the service members illness or 12 injury. 13 The bill requires a law enforcement agency to inform DVA 14 immediately upon locating a missing service member or when a 15 missing service members situation is otherwise resolved. 16 The bill provides that DOT shall not be required to use any 17 existing system of dynamic message signs in the green alert 18 system if DOT receives notice from the United States department 19 of transportation federal highway administration that the 20 use of the signs would result in the loss of federal highway 21 funding or other punitive actions due to noncompliance with 22 federal laws, regulations, or policies. 23 The bill directs DOT to adopt administrative rules, in 24 cooperation with DVA, to develop and implement the green alert 25 system. Such administrative rules shall include but not be 26 limited to procedures for cooperating with DVA and procedures 27 for providing relevant information to agency employees, 28 relevant personnel, and the public once an alert has been 29 requested or activated. 30 -6- LSB 1953YH (1) 90 dg/rn 6/ 6