SB2305 SD1

SECTION 1. The legislature finds that the State must protect vulnerable kupuna and persons with cognitive impairments or developmental disabilities who are missing. More than half of states nationwide have established silver alert programs modeled after the amber alert program.

Broadcasters use systems like the emergency alert system, formerly known as the emergency broadcast system, or wireless emergency alert, to communicate emergency alerts and warning messages to the public.

There are many emergency situations where the use of these broadcast systems could save lives by helping identify missing individuals with cognitive impairments, developmental disabilities, or the elderly. However, there is no statutory process which requires its use.

The purpose of this Act is to establish a silver alert program within the department of law enforcement to alert the public of missing persons for whom there is a credible threat to their health and safety. To the greatest extent possible, the alert shall provide protection of the privacy, dignity, and independence of the missing person by including standards aimed at preventing the inadvertent or unnecessary broadcasting or dissemination of sensitive health and diagnostic information.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended to read as follows:

"§353C- Silver alert program; missing vulnerable persons. (a) The department of law enforcement shall develop and implement a silver alert program to rapidly disseminate information about a person subject to the alert.

(b) If a person is reported missing to a law enforcement agency and that agency determines that the requirements of subsection (g) are met, the agency may request the department of law enforcement to activate a silver alert. If the department of law enforcement concurs that the requirements of subsection (g) are met, the department of law enforcement shall activate a silver alert within the geographical area requested by the investigating law enforcement agency.

(c) Radio, television, cable, and satellite systems are encouraged to, but not required to, cooperate with disseminating the information contained in a silver alert.

(d) Upon activation of a silver alert, if the department of law enforcement believes the criteria of subsection (g)(4) is met, the department shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, issuing an electronic flyer, or activating a changeable message sign, as permissible.

(e) The department of law enforcement may use, as permitted, the Wireless Emergency Alerts.

(f) The department of law enforcement may use, as permitted, a changeable message sign, if the following conditions are met:

(1) The investigating law enforcement agency determines that a vehicle may be involved in the missing person incident; and

(2) Specific vehicle identification is available for public dissemination.

(g) A law enforcement agency may request from the department of law enforcement that a silver alert be activated if that agency determines that all of the following conditions are met regarding the investigation of the missing person:

(1) The missing person is sixty-five years of age or older, cognitively impaired, or developmentally disabled;

(2) The law enforcement agency has utilized all available local resources;

(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances;

(4) The law enforcement agency believes that the person is in danger because of age, health, mental or physical disability, or environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril; and

(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

(h) For purposes of this section:

"Cognitively impaired" means affected by a cognitive impairment, as defined in section 431:10H-201.

"Developmentally disabled" means affected by a developmental disability, as defined in section 11-88.1-2 of the Hawaii Administrative Rules.

"Silver alert" means a notification system, activated pursuant to subsections (b) through (e), designed to issue and coordinate alerts with respect to a person who is sixty-five years of age or older, cognitively impaired, or developmentally disabled, and meets requirements of subsection (g)."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $250,000 or so much thereof as may be necessary for fiscal year 2024-2025 for establishing and operating the silver alert program.

The sum appropriated shall be expended by the department of law enforcement for the purposes of this Act.

SECTION 4. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. In addition, the appropriation contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $ or per cent. The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $ or per cent. The reasons for exceeding the general fund expenditure ceiling are that:

(1) The appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2042.

THE SENATE	S.B. NO.	2305
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII