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