HB 1535 — Relating to a state alert notice system and the committee on tribal and state relations; and to provide for a report.

The committee shall conduct joint meetings with the North Dakota tribal governments' task force to study tribal-state issues, including government-to-government relations, human services, education, corrections, and issues related to the promotion of economic development and shall evaluate the feather alert noticenotice, systemregarding missing indigenous individuals, under section 12 of this Act.

PageH. No.

3B. 25.1040.04000 Sixty-ninth Legislative Assembly (4) The chairman of the Three Affiliated Tribes of the Fort Berthold Reservation, or the chairman's designee;

NO.

1535 - PAGE 2 (4) The chairman of the Three Affiliated Tribes of the Fort Berthold Reservation, or the chairman's designee;

PageSECTION No.2.

4AMENDMENT. 25.1040.04000

The new chapter to title 54 of the North Dakota Century Code as created by section 1 of Senate Bill No.

2098, as approved by the sixty-ninth legislative assembly, is amended and reenacted as follows:

Definitions.

As used in this chapter:

1.

"Amber alert notice" means an urgent bulletin using the emergency alert system to air a description of a child who has been abducted.

2.

"Blue alert notice" means an urgent bulletin using the emergency alert system to air a description of an individual or an individual's vehicle to aid in the apprehension of an individual who has threatened a law enforcement officer with a deadly weapon, used a deadly weapon against a law enforcement officer, caused a law enforcement officer to suffer serious bodily injury or death, abducted a law enforcement officer, or caused a law enforcement officer to go missing while on duty, and the individual has left the scene of the offense.

3.

"Missing endangered individual" means:

a.

A disabled adult or elderly vulnerable adult as defined in section 50-25.2-01 who has disappeared and whose disappearance has been reported to law enforcement;

b.

An individual who has a developmental disability as defined in section 25-01.2-01 who has disappeared and whose disappearance has been reported to law enforcement;

or c.

An elderly adult who has disappeared, whose disappearance has been reported to law enforcement and the disappearance:

(1) Indicates the individual is believed to be in grave danger of serious bodily harm or death, as determined by a law enforcement agency and either the highway patrol or bureau of criminal investigation, based on a report received from the missing adult's family member or an individual who has significant frequent contact with the missing adult, which contains sufficient evidence of the imminent risk;

(2) Warrants a silver alert notice activation due to the particular circumstances, as determined by a law enforcement agency and either the highway patrol or bureau of criminal investigation, based on a report received from the missing adult's family member or an individual who has significant frequent contact with the missing adult, which contains sufficient evidence that the particular circumstances warrant a silver alert notice activation."Feather alert notice" means an urgent bulletin using the emergency alert system to air a description of an indigenous individual who has been abducted or is believed to be at imminent risk of serious bodily injury or death.

H.

B.

NO.

1535 - PAGE 3 4.

"Missing and endangered persons alert notice" means an urgent bulletin using the emergency alert system to air a description of an adult who has been abducted or is believed to be at imminent risk of serious bodily injury or death.

5.

"Silver alert notice" means an urgent bulletin using the emergency alert system to air a description of a missing, disabled, or elderly individual, or individual with a developmental disability, to aid in the location of that individual.

Alert notice system activation - Report.

1.

A law enforcement agency may request the bureau of criminal investigation or the superintendent of the highway patrol to activate an amber alert notice, a blue alert notice, a missing and endangered persons alert notice, a feather alert notice, or a silver alert notice.

2.

The bureau of criminal investigation, in cooperation with the highway patrol and other relevant stakeholders, shall prepare an operational plan to prepare for and respond to requests for activation of an amber alert notice, a blue alert notice, a missing and endangered persons alert notice, a feather alert notice, or a silver alert notice.

The plan must include the role and requirements of the division of state radio of the department of emergency services in broadcasting an alert to the public, including alerts in indigenous languages when available.

3.

The bureau of criminal investigation, in cooperation with the highway patrol, department of emergency services, and local law enforcement, shall use one or more modes of communication for an alert defined in this chapter, including:

a.

The emergency alert system;

b.

The national information system for travel;

c.

Digital highway message signs;

d.

Local alerting systems if available;

e.

State or local jurisdiction websites;

or f.

Social media platforms.

4.

The Indian affairs commission shall serve as the primary liaison between tribal, state, and federal agencies regarding alert notices, if the missing individual is indigenous, and assist with public education, outreach, and advocacy efforts.

5.

The bureau of criminal investigation and the highway patrol shall issue an annual report to the Indian affairs commission on the effectiveness and implementation of the feather alert notice and the missing and endangered persons alert notice for cases involving missing indigenous individuals.

Annual public meetings - Report.

The bureau of criminal investigation and the highway patrol, in cooperation with a representative of each federally recognized tribe in this state, shall present reports and findings at an annual public meeting with tribal leaders.

Minimum requirements for activating an amber or bluea wireless emergency alert notice.

1.

An amber alert notice may not be activated unless:

a.

The abduction involves a child seventeen years of age or younger;

b.

The law enforcement agency investigating the abduction has confirmed the child is believed to be in grave danger of serious bodily harm or death;

and H.

B.

NO.

1535 - PAGE 4 c.

The bureau of criminal investigation or the superintendent of the highway patrol determines sufficient descriptive information has been provided about the child, the abductor, or the abductor's motor vehicle to:

(1) Assist with the safe recovery of the child;

(2) Assist with the apprehension of the abductor;

and (3) Believe an immediate broadcast alert will assist in the search for and safe return of the child.

2.

A blue alert notice may not be activated unless:

a.

An individual who is a suspect in an offense has threatened a law enforcement officer with a deadly weapon, used a deadly weapon against a law enforcement officer, caused a law enforcement officer to suffer serious bodily injury or death, abducted a law enforcement officer, or caused a law enforcement officer to go missing while on duty;

b.

The individual has fled the scene of the offense and a description of the individual or the individual's vehicle is available for broadcast;

c.

The law enforcement agency investigating the offense has determined the individual poses a threat to the public or other law enforcement personnel;

and d.

Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect.

3.

A missing and endangered persons alert notice may not be activated unless:

a.

The abduction involves an individual eighteen years of age or older;

b.

The law enforcement agency investigating the abduction has confirmed the missing individual is believed to be in grave danger of serious bodily harm or death;

and c.

The bureau of criminal investigation or the superintendent of the highway patrol determines sufficient descriptive information has been provided about the missing individual, the suspect, or the motor vehicle to:

(1) Assist with the safe recovery of the missing individual;

(2) Assist with the apprehension of the suspect;

and (3) Believe an immediate broadcast alert will assist in the search for and safe return of the missing individual.

4.

A feather alert notice may not be activated unless:

a.

The abduction involves an indigenous individual;

b.

The law enforcement agency investigating the abduction has confirmed the missing individual is believed to be in grave danger of serious bodily harm or death;

and c.

The bureau of criminal investigation or the superintendent of the highway patrol determines sufficient descriptive information has been provided about the missing individual, the suspect, or the motor vehicle to:

(1) Assist with the safe recovery of the missing individual;

(2) Assist with the apprehension of the suspect;

and H.

B.

NO.

1535 - PAGE 5 (3) Believe an immediate broadcast alert will assist in the search for and safe return of the missing individual.

5.

A silver alert notice may not be activated unless the missing individual is:

a.

A disabled adult or elderly vulnerable adult, as defined in section 50-25.2-01, who has disappeared and whose disappearance has been reported to law enforcement;

b.

An individual who has a developmental disability, as defined in section 25-01.2-01, who has disappeared and whose disappearance has been reported to law enforcement;

or c.

An elderly adult who has disappeared, whose disappearance has been reported to law enforcement, and the disappearance:

(1) Indicates the individual is believed to be in grave danger of serious bodily harm or death, as determined by a law enforcement agency and either the highway patrol or bureau of criminal investigation, based on a report received from the missing adult's family member or an individual who has significant frequent contact with the missing adult, which contains sufficient evidence of the imminent risk;

or (2) Warrants a silver alert notice activation due to the particular circumstances, as determined by a law enforcement agency and either the highway patrol or bureau of criminal investigation, based on a report received from the missing adult's family member or an individual who has significant frequent contact with the missing adult, which contains sufficient evidence that the particular circumstances warrant a silver alert notice activation.

6.

If a request for activation of a missing endangered persons alert notice or a feather alert notice does not meet the minimum requirements under this section, the department of emergency services shall follow the department's operational plan for determining proper public notification channels.

H.

B.

NO.

1535 - PAGE 6 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.

1535.

House Vote:

Yeas 74 Nays 17 Absent 3 Senate Vote:

Yeas 45 Nays 1 Absent 1 ____________________________ Chief Clerk of the House Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State