West Virginia 2020 Regular Session Status: Enacted 2 R cosponsors

SB 289 — Creating Green Alert Plan

Last action — Chapter 348, Acts, Regular Session, 2020

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2020. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

228 added · 17 removed

Plain-language change summary

The bill now includes additional provisions that establish a Green Alert Plan, aimed at addressing the issue of missing at-risk veterans in West Virginia. It sets up a formal alert system that includes guidelines for activation, communication with media and transportation authorities, and termination procedures. This change is significant because it provides a structured response to protect and potentially save the lives of veterans who may be in crisis, highlighting the need for specialized support for this vulnerable group.

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SB289 HFIN AMT 2-28 McO 3230 The Committee on Finance moved to amend the title of the bill to read as follows:
SB 289 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
S.
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
B.
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 289 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
289 -- “A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-3E-1, §15-3E-2, §15-3E-3, §15-3E-4, §15-3E-5, §15-3E-6 and §15-3E-7 of said code, all relating to the establishment of an alert system for missing at-risk veterans by Superintendent of West Virginia State Police;
Green = existing Code.
providing legislative findings and declarations relative to the Green Alert plan;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 289 By Senators Weld, Baldwin, and Hamilton [Passed March 6, 2020;
establishment of a Green Alert Plan;
in effect 90 days from passage]   AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-3E-1, §15-3E-2, §15-3E-3, §15-3E-4, §15-3E-5, §15-3E-6, and §15-3E-7, all relating to the establishment of an alert system for missing at-risk veterans by Superintendent of West Virginia State Police;
defining term;
providing legislative findings and declarations relative to the Green Alert Plan;
establishment of the Green Alert Plan;
defining a term;
notification to the Department of Transportation, the Division of Highways and the West Virginia Turnpike Commission of the Green Alert;
notification to the Department of Transportation, the Division of Highways, and the West Virginia Turnpike Commission of the Green Alert;
and authorizing Superintendent to promulgate guidelines and procedural rules.”.
and authorizing superintendent to promulgate guidelines and procedural rules.
  ADOPTED   REJECTED  
Be it enacted by the Legislature of West Virginia:
ARTICLE 3E.
CREATION OF A STATEWIDE GREEN ALERT PLAN.
§15-3E-1.
Short title.
This article shall be known and may be cited as the Green Alert Plan.
§15-3E-2.
Findings and declarations relative to Green Alert Plan.
(a) The Legislature finds that:
(1) According to the U.S.
Department of Veterans Affairs, 20 veterans commit suicide each day across the country;
(2) While veterans make up less than nine percent of the total U.S.
population, tragically, they account for 19 percent of all suicides in America;
(3) By establishing the Green Alert Plan, law enforcement will be provided with additional tools that will help them in responding to an at-risk veteran’s disappearance and place an emphasis on the risk of suicide for veterans with a service-related condition;
(4) The Green Alert Plan would also allow for a more rapid dissemination of information on the missing at-risk veteran to the public, who, having been alerted to the situation, now become an extensive network of eyes and ears serving to assist law enforcement in quickly locating and safely recovering a missing at-risk veteran, and potentially saving them serious injury or suicide;
and (5) Given the success of both the Amber and Silver Alert systems, expanding the program to include at-risk veterans is imperative to help those who have served.
(b) The Legislature declares that creating a Green Alert is a way to prevent more tragedies and help ensure our veterans get back home safely.
§15-3E-3.
Establishment of Green Alert Plan.
(a) The Superintendent of the West Virginia State Police shall establish the Green Alert Plan authorizing the broadcast media, upon notice from the West Virginia State Police, to broadcast an alert to inform the public of a missing at-risk veteran, subject to the criteria established in §15-3E-4 of this code.
The program shall be a voluntary, cooperative effort between state law enforcement and the broadcast media.
(b) As used in this article, “at-risk veteran” means a person who is currently serving in the armed forces on active duty, reserve status, or in the National Guard, or a person who served in the active military, or who was discharged or released under conditions other than dishonorable who is known, based on the information provided by the person making the report, to have a physical or mental health condition that is related to his or her service.
(c) The superintendent shall notify the broadcast media serving the State of West Virginia of the establishment the Green Alert Plan and invite their voluntary participation.
(d) The superintendent shall submit a plan to the Joint Committee on Government and Finance no later than December 1, 2020.
The plan shall include Green Alert activation protocols, evaluation of first responder training requirements and needs as related to at-risk veterans, coordination and use of established programs, and analysis of any costs.
The superintendent shall also make recommendations for any additional legislation or actions necessary to further facilitate the implementation of the Green Alert Plan.
§15-3E-4.
Activation of Green Alert.
The following criteria shall be met before the West Virginia State Police activate the Green Alert:
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(1) An individual who has knowledge that the at-risk veteran is missing has submitted a missing person’s report to the West Virginia State Police or other appropriate law-enforcement agency;
(2) The at-risk veteran is believed to be missing, regardless of circumstance;
(3) Based upon information provided by the individual who has submitted the missing person’s report, law enforcement has reason to believe that the at-risk veteran has a physical or mental health condition that is related to his or her service;
(4) The missing at-risk veteran may be in danger of death or serious bodily injury;
(5) The missing at-risk veteran is domiciled or believed to be located in the state of West Virginia;
(6) The missing at-risk veteran is, or is believed to be, at a location that cannot be determined by an individual familiar with the missing at-risk veteran, and the missing at-risk veteran is incapable of returning to his or her residence without assistance;
and (7) There is sufficient information available to indicate that a Green Alert would assist in locating the missing at-risk veteran.
§15-3E-5.
Notice to participating media;
broadcast of alert.
(a) To participate, the media may agree, upon notice from the West Virginia State Police via email or facsimile, to transmit information to the public about a missing at-risk veteran that has occurred within their broadcast service region.
(b) The alerts shall include a description of the missing at-risk veteran, such details of the circumstance surrounding him or her becoming missing, as may be known, and such other information as the West Virginia State Police may deem pertinent and appropriate.
The West Virginia State Police shall, in a timely manner, update the broadcast media with new information when appropriate concerning the missing at-risk veteran.
(c) The alerts also shall provide information concerning how those members of the public who have information relating to the missing at-risk veteran may contact the West Virginia State Police or other appropriate law-enforcement agency.
(d) Concurrent with the notice provided to the broadcast media, the West Virginia State Police shall also notify the Department of Transportation, the Division of Highways, and the West Virginia Turnpike Commission of the Green Alert so that the department and the affected authorities may, if possible, through the use of their variable message signs, inform the motoring public that a Green Alert is in progress and may provide information relating to the missing at-risk veteran and how motorists may report any information they have to the West Virginia State Police or other appropriate law-enforcement agency.
(e) The alerts shall terminate upon notice from the West Virginia State Police.
(f) The superintendent shall develop and undertake a campaign to inform law-enforcement agencies about the Green Alert Plan established under this article.
§15-3E-6.
Aid to missing at-risk veteran;
immunity from civil or criminal liability.
No person or entity who, in good faith, follows and abides by the provisions of this article is liable for any civil or criminal penalty as the result of any act or omission in the furtherance thereof unless it is alleged and proven that the information disclosed was false and disclosed with the knowledge that the information was false.
§15-3E-7.
Guidelines;
procedural rules.
The superintendent may adopt guidelines and procedural rules to effectuate the purposes of this article.
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Action History

  1. Chapter 348, Acts, Regular Session, 2020

  2. Approved by Governor 3/24/20

  3. To Governor 3/17/20

  4. Approved by Governor 3/24/20 - Senate Journal

  5. Approved by Governor 3/24/20 - House Journal

  6. To Governor 3/17/20 - House Journal

  7. To Governor 3/17/20 - Senate Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Senate concurred in House amendments and passed bill (Roll No. 476)

  12. House Message received

  13. Communicated to Senate

  14. Title amendment adopted (Voice vote)

  15. Passed House (Roll No. 523)

  16. Read 3rd time

  17. Dispensed with Constitutional Rule (Roll No. 522)

  18. Committee amendment adopted (Voice vote)

  19. Read 2nd time

  20. From House Calendar, 2nd reading, placed on Special Calendar

  21. From Special Calendar, 2nd reading, placed on House Calendar

  22. On 2nd reading, Special Calendar

  23. Read 1st time

  24. On 1st reading, Special Calendar

  25. With amendment, do pass

  26. To House Finance

  27. Do pass, but first to Finance

  28. To House Veterans' Affairs and Homeland Security

  29. To Veterans' Affairs and Homeland Security then Finance

  30. Introduced in House

  31. Ordered to House

  32. Passed Senate (Roll No. 26)

  33. Read 3rd time

  34. On 3rd reading

  35. Read 2nd time

  36. On 2nd reading

  37. Read 1st time

  38. On 1st reading

  39. 2nd reference dispensed

  40. Reported do pass, but first to Finance

  41. To Military

  42. Introduced in Senate

  43. To Military then Finance

  44. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 149 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 93 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 23002
Unaffiliated 66004
Democrat 4001
Total 93007
% of votes cast 93%0%0%7%
How each member voted (100)
Member Party Vote
Espinosa — Yea
Rowe — Yea
Angelucci — Yea
Estep-Burton — Yea
Kessinger — Yea
Shott — Yea
Atkinson — Yea
Evans — Yea
Lavender-Bowe — Yea
Skaff — Yea
Fast — Yea
Little — Yea
Sponaugle — Yea
Barnhart — Yea
Fleischauer — Yea
Longstreth — Yea
Staggers — Yea
Lovejoy — Yea
Storch — Yea
Bates — Yea
Foster — Yea
Mandt — Yea
Summers — Yea
Bibby — Yea
Graves — Yea
Swartzmiller — Yea
Boggs — Yea
Hamrick — Yea
Sypolt — Yea
Brown, N. — Yea
Hanna — Yea
Maynard — Yea
Thompson, C. — Yea
Brown, S. — Yea
Thompson, R. — Yea
Hardy — Yea
Miley — Yea
Tomblin — Yea
Byrd — Yea
Hartman — Yea
Cadle — Yea
Hicks — Yea
Nelson — Yea
Walker — Yea
Higginbotham — Yea
Pack — Yea
Waxman — Yea
Canestraro — Yea
Hill — Yea
Paynter — Yea
Westfall — Yea
Capito — Yea
Pethtel — Yea
Caputo — Yea
Phillips — Yea
Wilson — Yea
Cowles — Yea
Householder — Yea
Porterfield — Yea
Pyles — Yea
Zukoff — Yea
Diserio — Yea
Jeffries, J. — Yea
Robinson — Yea
Doyle — Yea
Rodighiero — Yea
Kump — Not Voting
Steele — Not Voting
Linville — Not Voting
Rowan — Not Voting
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Not Voting
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Not Voting
T. Kevan Bartlett Republican Not Voting
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passed 92 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 23002
Unaffiliated 65005
Democrat 4001
Total 92008
% of votes cast 92%0%0%8%
How each member voted (100)
Member Party Vote
Robinson — Yea
Angelucci — Yea
Espinosa — Yea
Atkinson — Yea
Estep-Burton — Yea
Kessinger — Yea
Rowe — Yea
Evans — Yea
Lavender-Bowe — Yea
Shott — Yea
Barnhart — Yea
Fast — Yea
Linville — Yea
Skaff — Yea
Fleischauer — Yea
Little — Yea
Sponaugle — Yea
Bates — Yea
Longstreth — Yea
Staggers — Yea
Bibby — Yea
Foster — Yea
Lovejoy — Yea
Storch — Yea
Boggs — Yea
Graves — Yea
Mandt — Yea
Summers — Yea
Brown, N. — Yea
Hamrick — Yea
Swartzmiller — Yea
Brown, S. — Yea
Hanna — Yea
Sypolt — Yea
Maynard — Yea
Thompson, C. — Yea
Byrd — Yea
Hardy — Yea
Thompson, R. — Yea
Cadle — Yea
Hicks — Yea
Miley — Yea
Tomblin — Yea
Higginbotham — Yea
Canestraro — Yea
Hill — Yea
Nelson — Yea
Walker — Yea
Capito — Yea
Pack — Yea
Waxman — Yea
Caputo — Yea
Paynter — Yea
Westfall — Yea
Cowles — Yea
Householder — Yea
Pethtel — Yea
Phillips — Yea
Wilson — Yea
Porterfield — Yea
Diserio — Yea
Jeffries, J. — Yea
Pyles — Yea
Zukoff — Yea
Doyle — Yea
Hartman — Not Voting
Rowan — Not Voting
Kump — Not Voting
Rodighiero — Not Voting
Steele — Not Voting
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Not Voting
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Not Voting
T. Kevan Bartlett Republican Not Voting
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 32 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 30002
Total 32002
% of votes cast 94%0%0%6%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Yea
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Not Voting
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Yea
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Not Voting
WELD — Yea
HARDESTY — Yea
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Yea
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 289?
SB 289 is sponsored by Ryan Weld (Republican), Baldwin, and Bill Hamilton (Republican).
What is the current status of SB 289?
This bill has been enacted into law. Introduced January 10, 2020. Enacted.
Where can I track SB 289?
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