HF 3531

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 10:12am

A bill for an act
relating to public health; establishing the Minnesota Silver Alert System for
adults living with dementia or other cognitive impairment; appropriating money;
amending Minnesota Statutes 2008, section 604A.35; proposing coding for new
law in Minnesota Statutes, chapter 299A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299A.05] SILVER ALERT SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation. new text end

new text begin (a) The Minnesota State Patrol in consultation with
the Department of Public Safety shall develop and implement a statewide "Silver Alert
System," to be activated on behalf of missing adults who are 18 years of age or older and
are diagnosed with dementia or other cognitive impairment.
new text end

new text begin (b) Local law enforcement authorities shall be notified of a missing adult with
dementia or other cognitive impairment at the same time as a statewide alert is issued.
new text end

new text begin (c) The Minnesota chapter of the Alzheimer's Association shall be notified at the
same time as a statewide alert is issued to coordinate with the MedicAlert and Safe Return
program by the Alzheimer's Association.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The Minnesota State Patrol Chief is the statewide
coordinator for the Silver Alert System and shall work with the Department of Public
Safety to ensure policies and procedures are developed to implement the Silver Alert
System.
new text end

new text begin Subd. 3. new text end

new text begin Rules. new text end

new text begin (a) The Department of Public Safety shall adopt rules to implement
the Silver Alert System. The Department of Public Safety shall adopt rules that specify:
new text end

new text begin (1) the procedures to be used by local law enforcement agencies to verify whether
an adult:
new text end

new text begin (i) is missing;
new text end

new text begin (ii) has dementia or other cognitive impairment; and
new text end

new text begin (iii) whether the disappearance poses a threat to the individual's safety;
new text end

new text begin (2) a description of the circumstances under which a local law enforcement agency
is required to report a missing adult with dementia or other cognitive impairment to the
Minnesota State Patrol;
new text end

new text begin (3) the development of a program for mandatory law enforcement training in
dementia search techniques;
new text end

new text begin (4) the procedures to be used by the department to report information about a
missing adult with dementia or other cognitive impairment to media outlets in Minnesota
and surrounding states;
new text end

new text begin (5) establishment of a network system for e-mail notification concerning a missing
adult with dementia or other cognitive impairment; and
new text end

new text begin (6) other procedures that are necessary to implement the Silver Alert System.
new text end

new text begin Subd. 4. new text end

new text begin Media request. new text end

new text begin A newspaper of general circulation, radio station,
television station, or cable television station system in this state or surrounding states may
submit a request to the department for inclusion on a subscriber list to receive an e-mail
notification concerning a missing adult with dementia or other cognitive impairment.
new text end

new text begin Subd. 5. new text end

new text begin Notification and activation of Silver Alert System. new text end

new text begin (a) A local law
enforcement agency shall activate the Silver Alert System if:
new text end

new text begin (1) notice of a missing person has been made to local law enforcement;
new text end

new text begin (2) the person reported missing is 18 years of age or older;
new text end

new text begin (3) the legal custodian, family caregiver, or formal or informal caregiver of the
missing person provides a written statement that the missing person has dementia or
other cognitive impairment;
new text end

new text begin (4) the location of the person reported missing is unknown;
new text end

new text begin (5) the person reported missing was present in the state at the time of the report; and
new text end

new text begin (6) the disappearance of the missing person poses a credible threat to the person's
safety and health.
new text end

new text begin (b) Immediately upon notification by local law enforcement that the criteria for the
Silver Alert System have been met, the Minnesota State Patrol shall:
new text end

new text begin (1) activate the Silver Alert System; and
new text end

new text begin (2) notify designated participants in the Silver Alert System.
new text end

new text begin (c) The area of the silver alert may be less than statewide if the investigating agency
determines that the nature of the event makes it probable that the missing person did not
leave a certain geographic location.
new text end

new text begin (d) If the investigating agency determines that the missing person is believed to have
left the immediate geographic area, the department shall issue an immediate statewide
silver alert.
new text end

new text begin Subd. 6. new text end

new text begin Content. new text end

new text begin The Silver Alert System must include:
new text end

new text begin (1) all necessary information obtained by the local law enforcement agency that may
lead to the recovery of the missing person; and
new text end

new text begin (2) a statement instructing any person with information related to the missing person
to contact a local law enforcement agency.
new text end

new text begin Subd. 7. new text end

new text begin Terminating the silver alert. new text end

new text begin The Minnesota State Patrol shall terminate
the silver alert activation for a particular missing person with dementia or other cognitive
impairment no later than the earlier of the date on which:
new text end

new text begin (1) the missing person is located or the situation is otherwise resolved; or
new text end

new text begin (2) the Minnesota State Patrol chief or designee determines that the Silver Alert
System is no longer an effective tool for locating and recovering the missing person.
new text end

new text begin Subd. 8. new text end

new text begin Immunity. new text end

new text begin No person or entity participating in the Silver Alert System
under this section is liable for any civil damages arising from the dissemination of any
alert generated under the Silver Alert System.
new text end

new text begin Subd. 9. new text end

new text begin Training. new text end

new text begin The Department of Public Safety shall provide training on
identifying and responding to persons with dementia. Law enforcement programs must
include a module on identifying and responding to persons with dementia.
new text end

new text begin Subd. 10. new text end

new text begin Funding. new text end

new text begin (a) The Department of Public Safety shall collaborate with
private foundations, policy academies, colleges and universities with law enforcement
programs, tribal governments, the Alzheimer's Association, and other groups to assist in
funding the training and training materials needed to implement the Silver Alert System.
new text end

new text begin (b) The department may use training material developed by the Alzheimer's
Association.
new text end

Sec. 2.

Minnesota Statutes 2008, section 604A.35, is amended to read:

604A.35 PUBLIC NOTIFICATION OF EMERGENCY.

(a) A person who notifies the public of an emergency via a medium of mass
communications including, without limitation, radio, television, cable television, or
Internet, is not liable for civil damages resulting from acts or omissions by that person
in making the notification, unless the person acts in bad faith or recklessly in providing
the notification.

(b) For purposes of this section, notifying the public of an emergency includes a
notification made through the Emergency Alert System, a notification made through the
Amber Alert System, new text begin a notification made through the Silver Alert System, new text end or a notification
requested by a government entity.

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2011 from the ....... fund to the commissioner of
public safety to provide training in the Silver Alert System.
new text end