Bill Text: IA HF512 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment of a statewide alert system for missing service members.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-03-01 - Introduced, referred to Public Safety. H.J. 450. [HF512 Detail]
Download: Iowa-2023-HF512-Introduced.html
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
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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
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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
person’s
whereabouts
are
unknown,
and
the
35
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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
member’s
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
member’s
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
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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
explanation’s
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
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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
person’s
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
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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
member’s
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
member’s
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
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