STATE OF NEW YORK ________________________________________________________________________ 1866 2025-2026 Regular Sessions IN SENATE January 14, 2025 ___________ Introduced by Sens. ASHBY, GALLIVAN, MATTERA, OBERACKER, PALUMBO, RHOADS, ROLISON, WEBER, WEIK -- 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 veterans' services law, in relation to establishing a green alert system for missing military members The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The veterans' services law is amended by adding a new 2 section 29-c to read as follows: 3 § 29-c. Green alert for missing military members. 1. As used in this 4 section: 5 (a) "Alert" means the statewide green alert for missing military 6 members that is developed and implemented under this section. 7 (b) "Law enforcement agency" means a law enforcement agency with 8 jurisdiction over the investigation of a missing military member. 9 (c) "Military member" means a person who is a current or former member 10 of the United States armed forces, including the National Guard or a 11 reserve or auxiliary unit of any branch of the armed forces. 12 2. With the cooperation of the department of transportation, the 13 office of the governor, and other appropriate law enforcement agencies 14 in this state, the department shall develop and implement a statewide 15 green alert to be activated on behalf of a missing military member who 16 has elected to participate in the green alert system and who suffers 17 from a mental illness, including post-traumatic stress disorder, or a 18 traumatic brain injury. 19 3. The state commissioner shall be the statewide coordinator of the 20 green alert. The state commissioner shall adopt rules and issue direc- 21 tives as necessary to ensure proper implementation of the green alert. 22 Such rules and directives shall include: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03635-01-5
S. 1866 2 1 (a) the procedures to be used by a law enforcement agency to verify 2 whether a military member is missing and suffers from a mental illness, 3 including post-traumatic stress disorder, or a traumatic brain injury; 4 (b) a description of the circumstances under which a law enforcement 5 agency is required to report a missing military member to the depart- 6 ment; 7 (c) the procedures to be used by an individual or entity to report 8 information about a missing military member to designated media outlets 9 in this state; 10 (d) guidelines for releasing only the information necessary in order 11 to protect the privacy of a missing military member for whom a green 12 alert has been issued, including compliance with the Health Insurance 13 Portability and Accountability Act of 1996; and 14 (e) forms for use by law enforcement agencies in requesting activation 15 of the alert system. 16 4. The department shall recruit public and commercial television and 17 radio broadcasters, private commercial entities, state or local govern- 18 mental entities, the public, and other appropriate persons to assist in 19 developing and implementing the alert system. A state agency participat- 20 ing in the alert system shall: 21 (a) cooperate with the department and assist in developing and imple- 22 menting the alert system; and 23 (b) establish a plan for providing relevant information to its offi- 24 cers, investigators, or employees, as appropriate, once the alert system 25 has been activated. 26 5. The department of transportation shall establish a plan for provid- 27 ing relevant information to the public through an existing system of 28 dynamic message signs located across the state. 29 6. A law enforcement agency shall notify the department if such agen- 30 cy: 31 (a) receives a report regarding a missing military member who is 32 determined by the agency to be a participant in the green alert system; 33 (b) verifies that at the time the military member is reported missing: 34 (i) the person reported missing is a military member; 35 (ii) the military member's location is unknown; and 36 (iii) the military member suffers from a mental illness, including 37 post-traumatic stress disorder, or a traumatic brain injury; and 38 (c) determines that the military member's disappearance poses a credi- 39 ble threat to the military member's health and safety or the health and 40 safety of another. 41 (d) A law enforcement agency shall verify the information required by 42 this subdivision and make the determination required as soon as practi- 43 cable after the agency receives a report regarding a missing military 44 member. 45 (e) In verifying that the military member suffers from a mental 46 illness, including post-traumatic stress disorder, or a traumatic brain 47 injury the law enforcement agency shall require the family or legal 48 guardian of the military member to provide documentation of the illness 49 or injury. 50 7. (a) When a law enforcement agency notifies the department, the 51 department shall confirm the accuracy of the information and, if 52 confirmed, immediately issue an alert under this section in accordance 53 with department rules. 54 (b) In issuing the alert, the department shall send the alert to 55 designated media outlets in this state. Following receipt of the alert, 56 participating radio stations and television stations and other partic-
S. 1866 3 1 ipating media outlets may issue the alert at designated intervals to 2 assist in locating the missing military member. 3 (c) The alert shall include: 4 (i) all appropriate information that is provided by the law enforce- 5 ment agency under this section and that may lead to the safe recovery of 6 the missing military member; and 7 (ii) a statement instructing any person with information related to 8 the missing military member to contact a law enforcement agency. 9 (d) The state commissioner shall terminate any activation of the alert 10 with respect to a particular missing military member not later than the 11 earlier of the date on which: 12 (i) the missing military member is located or the situation is other- 13 wise resolved; or 14 (ii) the notification period ends, as determined by the department's 15 rules. 16 (e) A law enforcement agency that locates a missing military member 17 who is the subject of an alert under this section shall notify the 18 department as soon as possible that the missing military member has been 19 located. 20 8. The department of transportation is not required to use any exist- 21 ing system of dynamic message signs in a statewide alert system created 22 under this section if the department of transportation receives notice 23 from the United States Department of Transportation Federal Highway 24 Administration that the use of the signs would result in the loss of 25 federal highway funding or other punitive actions taken against this 26 state due to noncompliance with federal laws, regulations, or policies. 27 9. The department shall establish an opt-out procedure for military 28 members who do not wish to be included in the green alert program. Such 29 opt-out form shall be made available in hard copy and shall be made 30 electronically available on the department's website. 31 § 2. This act shall take effect immediately.