Senate Bill S1866

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1866
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The veterans' services law  is  amended  by  adding  a  new
 section 29-c to read as follows:
   §  29-C.  GREEN ALERT FOR MISSING MILITARY MEMBERS. 1. AS USED IN THIS
 SECTION:
   (A) "ALERT" MEANS THE  STATEWIDE  GREEN  ALERT  FOR  MISSING  MILITARY
 MEMBERS THAT IS DEVELOPED AND IMPLEMENTED UNDER THIS SECTION.
   (B)  "LAW  ENFORCEMENT  AGENCY"  MEANS  A  LAW ENFORCEMENT AGENCY WITH
 JURISDICTION OVER THE INVESTIGATION OF A MISSING MILITARY MEMBER.
   (C) "MILITARY MEMBER" MEANS A PERSON WHO IS A CURRENT OR FORMER MEMBER
 OF THE UNITED STATES ARMED FORCES, INCLUDING THE  NATIONAL  GUARD  OR  A
 RESERVE OR AUXILIARY UNIT OF ANY BRANCH OF THE ARMED FORCES.
   2.  WITH  THE  COOPERATION  OF  THE  DEPARTMENT OF TRANSPORTATION, THE
 OFFICE OF THE GOVERNOR, AND OTHER APPROPRIATE LAW  ENFORCEMENT  AGENCIES
 IN  THIS  STATE,  THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A STATEWIDE
 GREEN ALERT TO BE ACTIVATED ON BEHALF OF A MISSING MILITARY  MEMBER  WHO
 HAS  ELECTED  TO  PARTICIPATE  IN THE GREEN ALERT SYSTEM AND WHO SUFFERS
 FROM A MENTAL ILLNESS, INCLUDING POST-TRAUMATIC STRESS  DISORDER,  OR  A
 TRAUMATIC BRAIN INJURY.
   3.  THE  STATE  COMMISSIONER SHALL BE THE STATEWIDE COORDINATOR OF THE
 GREEN ALERT.  THE STATE COMMISSIONER SHALL ADOPT RULES AND ISSUE  DIREC-
 TIVES  AS  NECESSARY TO ENSURE PROPER IMPLEMENTATION OF THE GREEN ALERT.
 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
              

 
   (A) THE PROCEDURES TO BE USED BY A LAW ENFORCEMENT  AGENCY  TO  VERIFY
 WHETHER  A MILITARY MEMBER IS MISSING AND SUFFERS FROM A MENTAL ILLNESS,
 INCLUDING POST-TRAUMATIC STRESS DISORDER, OR A TRAUMATIC BRAIN INJURY;
   (B)  A  DESCRIPTION OF THE CIRCUMSTANCES UNDER WHICH A LAW ENFORCEMENT
 AGENCY IS REQUIRED TO REPORT A MISSING MILITARY MEMBER  TO  THE  DEPART-
 MENT;
   (C)  THE  PROCEDURES  TO  BE USED BY AN INDIVIDUAL OR ENTITY TO REPORT
 INFORMATION ABOUT A MISSING MILITARY MEMBER TO DESIGNATED MEDIA  OUTLETS
 IN THIS STATE;
   (D)  GUIDELINES  FOR RELEASING ONLY THE INFORMATION NECESSARY IN ORDER
 TO PROTECT THE PRIVACY OF A MISSING MILITARY MEMBER  FOR  WHOM  A  GREEN
 ALERT  HAS  BEEN  ISSUED, INCLUDING COMPLIANCE WITH THE HEALTH INSURANCE
 PORTABILITY AND ACCOUNTABILITY ACT OF 1996; AND
   (E) FORMS FOR USE BY LAW ENFORCEMENT AGENCIES IN REQUESTING ACTIVATION
 OF THE ALERT SYSTEM.
   4. THE DEPARTMENT SHALL RECRUIT PUBLIC AND COMMERCIAL  TELEVISION  AND
 RADIO  BROADCASTERS, PRIVATE COMMERCIAL ENTITIES, STATE OR LOCAL GOVERN-
 MENTAL ENTITIES, THE PUBLIC, AND OTHER APPROPRIATE PERSONS TO ASSIST  IN
 DEVELOPING AND IMPLEMENTING THE ALERT SYSTEM. A STATE AGENCY PARTICIPAT-
 ING IN THE ALERT SYSTEM SHALL:
   (A)  COOPERATE WITH THE DEPARTMENT AND ASSIST IN DEVELOPING AND IMPLE-
 MENTING THE ALERT SYSTEM; AND
   (B) ESTABLISH A PLAN FOR PROVIDING RELEVANT INFORMATION TO  ITS  OFFI-
 CERS, INVESTIGATORS, OR EMPLOYEES, AS APPROPRIATE, ONCE THE ALERT SYSTEM
 HAS BEEN ACTIVATED.
   5. THE DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH A PLAN FOR PROVID-
 ING  RELEVANT  INFORMATION  TO  THE PUBLIC THROUGH AN EXISTING SYSTEM OF
 DYNAMIC MESSAGE SIGNS LOCATED ACROSS THE STATE.
   6. A LAW ENFORCEMENT AGENCY SHALL NOTIFY THE DEPARTMENT IF SUCH  AGEN-
 CY:
   (A)  RECEIVES  A  REPORT  REGARDING  A  MISSING MILITARY MEMBER WHO IS
 DETERMINED BY THE AGENCY TO BE A PARTICIPANT IN THE GREEN ALERT SYSTEM;
   (B) VERIFIES THAT AT THE TIME THE MILITARY MEMBER IS REPORTED MISSING:
   (I) THE PERSON REPORTED MISSING IS A MILITARY MEMBER;
   (II) THE MILITARY MEMBER'S LOCATION IS UNKNOWN; AND
   (III) THE MILITARY MEMBER SUFFERS FROM  A  MENTAL  ILLNESS,  INCLUDING
 POST-TRAUMATIC STRESS DISORDER, OR A TRAUMATIC BRAIN INJURY; AND
   (C) DETERMINES THAT THE MILITARY MEMBER'S DISAPPEARANCE POSES A CREDI-
 BLE  THREAT TO THE MILITARY MEMBER'S HEALTH AND SAFETY OR THE HEALTH AND
 SAFETY OF ANOTHER.
   (D) A LAW ENFORCEMENT AGENCY SHALL VERIFY THE INFORMATION REQUIRED  BY
 THIS  SUBDIVISION AND MAKE THE DETERMINATION REQUIRED AS SOON AS PRACTI-
 CABLE AFTER THE AGENCY RECEIVES A REPORT REGARDING  A  MISSING  MILITARY
 MEMBER.
   (E)  IN  VERIFYING  THAT  THE  MILITARY  MEMBER  SUFFERS FROM A MENTAL
 ILLNESS, INCLUDING POST-TRAUMATIC STRESS DISORDER, OR A TRAUMATIC  BRAIN
 INJURY  THE  LAW  ENFORCEMENT  AGENCY  SHALL REQUIRE THE FAMILY OR LEGAL
 GUARDIAN OF THE MILITARY MEMBER TO PROVIDE DOCUMENTATION OF THE  ILLNESS
 OR INJURY.
   7.  (A)  WHEN  A  LAW  ENFORCEMENT AGENCY NOTIFIES THE DEPARTMENT, THE
 DEPARTMENT SHALL  CONFIRM  THE  ACCURACY  OF  THE  INFORMATION  AND,  IF
 CONFIRMED,  IMMEDIATELY  ISSUE AN ALERT UNDER THIS SECTION IN ACCORDANCE
 WITH DEPARTMENT RULES.
   (B) IN ISSUING THE ALERT, THE  DEPARTMENT  SHALL  SEND  THE  ALERT  TO
 DESIGNATED  MEDIA OUTLETS IN THIS STATE. FOLLOWING RECEIPT OF THE ALERT,
 PARTICIPATING RADIO STATIONS AND TELEVISION STATIONS AND  OTHER  PARTIC-
 S. 1866                             3
 
 IPATING  MEDIA  OUTLETS  MAY  ISSUE THE ALERT AT DESIGNATED INTERVALS TO
 ASSIST IN LOCATING THE MISSING MILITARY MEMBER.
   (C) THE ALERT SHALL INCLUDE:
   (I)  ALL  APPROPRIATE INFORMATION THAT IS PROVIDED BY THE LAW ENFORCE-
 MENT AGENCY UNDER THIS SECTION AND THAT MAY LEAD TO THE SAFE RECOVERY OF
 THE MISSING MILITARY MEMBER; AND
   (II) A STATEMENT INSTRUCTING ANY PERSON WITH  INFORMATION  RELATED  TO
 THE MISSING MILITARY MEMBER TO CONTACT A LAW ENFORCEMENT AGENCY.
   (D) THE STATE COMMISSIONER SHALL TERMINATE ANY ACTIVATION OF THE ALERT
 WITH  RESPECT TO A PARTICULAR MISSING MILITARY MEMBER NOT LATER THAN THE
 EARLIER OF THE DATE ON WHICH:
   (I) THE MISSING MILITARY MEMBER IS LOCATED OR THE SITUATION IS  OTHER-
 WISE RESOLVED; OR
   (II)  THE  NOTIFICATION PERIOD ENDS, AS DETERMINED BY THE DEPARTMENT'S
 RULES.
   (E) A LAW ENFORCEMENT AGENCY THAT LOCATES A  MISSING  MILITARY  MEMBER
 WHO  IS  THE  SUBJECT  OF  AN  ALERT UNDER THIS SECTION SHALL NOTIFY THE
 DEPARTMENT AS SOON AS POSSIBLE THAT THE MISSING MILITARY MEMBER HAS BEEN
 LOCATED.
   8. THE DEPARTMENT OF TRANSPORTATION IS NOT REQUIRED TO USE ANY  EXIST-
 ING  SYSTEM OF DYNAMIC MESSAGE SIGNS IN A STATEWIDE ALERT SYSTEM CREATED
 UNDER THIS SECTION IF THE DEPARTMENT OF TRANSPORTATION  RECEIVES  NOTICE
 FROM  THE  UNITED  STATES  DEPARTMENT  OF TRANSPORTATION FEDERAL HIGHWAY
 ADMINISTRATION THAT THE USE OF THE SIGNS WOULD RESULT  IN  THE  LOSS  OF
 FEDERAL  HIGHWAY  FUNDING  OR  OTHER PUNITIVE ACTIONS TAKEN AGAINST THIS
 STATE DUE TO NONCOMPLIANCE WITH FEDERAL LAWS, REGULATIONS, OR POLICIES.
   9. THE DEPARTMENT SHALL ESTABLISH AN OPT-OUT  PROCEDURE  FOR  MILITARY
 MEMBERS  WHO DO NOT WISH TO BE INCLUDED IN THE GREEN ALERT PROGRAM. SUCH
 OPT-OUT FORM SHALL BE MADE AVAILABLE IN HARD  COPY  AND  SHALL  BE  MADE
 ELECTRONICALLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   § 2. This act shall take effect immediately.