Bill Text: NY A03585 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to establishing a green alert system for missing military members.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2022-04-26 - held for consideration in veterans' affairs [A03585 Detail]
Download: New_York-2021-A03585-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3585 2021-2022 Regular Sessions IN ASSEMBLY January 27, 2021 ___________ Introduced by M. of A. ASHBY, NORRIS, PALMESANO -- read once and referred to the Committee on Veterans' Affairs AN ACT to amend the executive 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 executive law is amended by adding a new section 354-f 2 to read as follows: 3 § 354-f. 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 division 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 director is the statewide coordinator of the green alert. 20 The state director shall adopt rules and issue directives as necessary 21 to ensure proper implementation of the green alert. The rules and direc- 22 tives shall include: 23 (a) the procedures to be used by a law enforcement agency to verify 24 whether a military member is missing and suffers from a mental illness, 25 including post-traumatic stress disorder, or a traumatic brain injury; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06389-01-1A. 3585 2 1 (b) a description of the circumstances under which a law enforcement 2 agency is required to report a missing military member to the division; 3 (c) the procedures to be used by an individual or entity to report 4 information about a missing military member to designated media outlets 5 in this state; 6 (d) guidelines for releasing only the information necessary in order 7 to protect the privacy of a missing military member for whom a green 8 alert has been issued, including compliance with Health Insurance Porta- 9 bility and Accountability Act of 1996; and 10 (e) forms for use by law enforcement agencies in requesting activation 11 of the alert system. 12 4. The division shall recruit public and commercial television and 13 radio broadcasters, private commercial entities, state or local govern- 14 mental entities, the public, and other appropriate persons to assist in 15 developing and implementing the alert system. A state agency participat- 16 ing in the alert system shall: 17 (a) cooperate with the division and assist in developing and imple- 18 menting the alert system; and 19 (b) establish a plan for providing relevant information to its offi- 20 cers, investigators, or employees, as appropriate, once the alert system 21 has been activated. 22 5. The department of transportation shall establish a plan for provid- 23 ing relevant information to the public through an existing system of 24 dynamic message signs located across the state. 25 6. A law enforcement agency shall notify the division if the agency: 26 (a) receives a report regarding a missing military member who is 27 determined by the agency to be a participant in the green alert system; 28 (b) verifies that at the time the military member is reported missing: 29 (i) the person reported missing is a military member; 30 (ii) the military member's location is unknown; and 31 (iii) the military member suffers from a mental illness, including 32 post-traumatic stress disorder, or a traumatic brain injury; and 33 (c) determines that the military member's disappearance poses a credi- 34 ble threat to the military member's health and safety or the health and 35 safety of another. 36 (d) A law enforcement agency shall verify the information required by 37 this subdivision and make the determination required as soon as practi- 38 cable after the agency receives a report regarding a missing military 39 member. 40 (e) In verifying that the military member suffers from a mental 41 illness, including post-traumatic stress disorder, or a traumatic brain 42 injury the law enforcement agency shall require the family or legal 43 guardian of the military member to provide documentation of the illness 44 or injury. 45 7. (a) When a law enforcement agency notifies the division, the divi- 46 sion shall confirm the accuracy of the information and, if confirmed, 47 immediately issue an alert under this section in accordance with divi- 48 sion rules. 49 (b) In issuing the alert, the division shall send the alert to desig- 50 nated media outlets in this state. Following receipt of the alert, 51 participating radio stations and television stations and other partic- 52 ipating media outlets may issue the alert at designated intervals to 53 assist in locating the missing military member. 54 (c) The alert must include:A. 3585 3 1 (i) all appropriate information that is provided by the law enforce- 2 ment agency under this section and that may lead to the safe recovery of 3 the missing military member; and 4 (ii) a statement instructing any person with information related to 5 the missing military member to contact a law enforcement agency. 6 (d) The state director shall terminate any activation of the alert 7 with respect to a particular missing military member not later than the 8 earlier of the date on which: 9 (i) the missing military member is located or the situation is other- 10 wise resolved; or 11 (ii) the notification period ends, as determined by the division's 12 rules. 13 (e) A law enforcement agency that locates a missing military member 14 who is the subject of an alert under this section shall notify the divi- 15 sion as soon as possible that the missing military member has been 16 located. 17 8. The department of transportation is not required to use any exist- 18 ing system of dynamic message signs in a statewide alerts system created 19 under this section if the department of transportation receives notice 20 from the United States Department of Transportation Federal Highway 21 Administration that the use of the signs would result in the loss of 22 federal highway funding or other punitive actions taken against this 23 state due to noncompliance with federal laws, regulations, or policies. 24 9. The division shall establish an opt-out procedure for military 25 members who do not wish to be included in the green alert program. Such 26 opt-out form shall be made available in hard copy and shall be made 27 electronically available on the division's website. 28 § 2. This act shall take effect immediately.
