A02348 Summary:

BILL NO    A02348 

SAME AS    SAME AS S01067

SPONSOR    Ryan

COSPNSR    

MLTSPNSR   Oaks, Tenney

Add S10, Exec L; add S89-h, St Fin L

Establishes a civilian medal of valor for conspicuous and unselfish acts of
valor, heroism or courage in assisting any other person; creates within the
executive department, a civilian medal of valor committee to review candidates;
creates a civilian medal of valor fund.
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A02348 Actions:

BILL NO    A02348 

01/14/2013 referred to governmental operations
01/08/2014 referred to governmental operations
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A02348 Votes:

There are no votes for this bill in this legislative session.
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A02348 Memo:

BILL NUMBER:A2348

TITLE  OF  BILL:    An  act to amend the executive law, in relation to
creating and authorizing the presentation of the  "civilian  medal  of
valor";   and   to  amend  the  state  finance  law,  in  relation  to
establishing the "civilian medal of valor fund"

PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a civilian medal of  valor  for  conspicuous
and unselfish acts of valor, heroism or courage in assisting any other
person.

SUMMARY OF SPECIFIC PROVISIONS:
This  bill  amends  the  Executive  Law by adding a new Section 10 and
amends the State Finance Law by adding a new Section 89-h.

JUSTIFICATION:
The laws of our state and country already provide for various  awards,
medals,  and  decorations for military personnel who in the service of
our country, or in the service of the organized militia of this  state
have   displayed  conspicuous  acts  of  valor,  heroism,  courage  or
gallantry, either in  their  military  capacities  or  in  a  civilian
capacity.  These  medals, decorations and honors include a conspicuous
service cross that is presented in the name of the Legislature of  the
State  by  our  Governor.  The  events of September 11th brought about
untold numbers of heroic acts and deeds  by  so  many  of  the  public
servants  of  our state, including firefighters and police officers of
the City of New York as well as ordinary  citizens  who  risked  their
lives and personal safety to aid and assist others during these events
and  the  carnage  and  destruction  that immediately followed. In the
months and years ahead, we, as citizens, are likely to encounter other
and further acts of terrorism that will affect  our  safety  and  well
being. Events such as the September 11th terrorist attacks brought out
the  true  nature  of  the  citizens  of our great state. In a time of
extreme crisis and need, hundreds and  thousands  of  our  fellow  New
Yorkers  risked life, limb and safety to assist others in similar need
and distress. Countless others toiled tirelessly in food banks,  blood
banks  and  charitable organizations throughout all of New York. It is
the intent of  this  piece  of  legislation  to  honor  the  "ordinary
citizens"  of  New  York  that  perform  unselfish, courageous acts of
gallantry that are worthy of special  recognition  and  honor  by  the
State Legislature, the Governor and all of the citizens of New York.

The  Civilian  Medal  of  Valor  shall  be awarded, in the name of the
grateful residents of New York, to the residents  of  our  state  that
have  displayed  a  conspicuous  act  of  heroism or courage. While no
action on our part can repay these civilian heroes for their  selfless
acts  of courage and heroism, it is appropriate to create, pursuant to
the terms of this act, the Civilian Medal of Valor to recognize  these
individuals.

PRIOR LEGISLATIVE HISTORY:
A.5979 of 2012 A.6616 of 2009-10 A.4756 of 2007-08 A.9997 of 2005-06

FISCAL IMPLICATIONS:
Unknown.


EFFECTIVE DATE:
Immediately.
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A02348 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2348

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 14, 2013
                                      ___________

       Introduced  by  M. of A. RYAN -- read once and referred to the Committee
         on Governmental Operations

       AN ACT to amend the executive law, in relation to creating and authoriz-
         ing the presentation of the "civilian medal of valor";  and  to  amend
         the state finance law, in relation to establishing the "civilian medal
         of valor fund"

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Legislative intent.  The legislature hereby finds that  the
    2  terrorist  attacks on the World Trade Towers on the morning of September
    3  11, 2001 have forever changed the lives of all  residents  of  New  York
    4  state,  the  United  States  of  America  and all other countries of the
    5  world. These cowardly and barbaric acts  have  deprived  thousands  upon
    6  thousands  of  citizens  and  individuals  throughout the world of their
    7  loved ones, and the comfort, support and the security  of  knowing  that
    8  they  live  in a safe place.  Today, thousands of United States military
    9  personnel are risking their lives and personal safety, and are separated
   10  from their family members so that they may protect the citizens  of  our
   11  great nation and to attempt to bring the masterminds behind the cowardly
   12  events  of  September  eleventh  to  justice. The laws of this state and
   13  country already provide for various awards, medals and  decorations  for
   14  military  personnel who in the service of our country, or in the service
   15  of the organized militia of this state have displayed  conspicuous  acts
   16  of valor, heroism, courage or gallantry, either in their military capac-
   17  ities  or  in  a civilian capacity. These medals, decorations and honors
   18  include a conspicuous service cross that is presented in the name of the
   19  legislature of the state by the governor.  The events of September elev-
   20  enth brought about untold numbers of heroic acts and deeds by so many of
   21  the public servants of the  state,  including  firefighters  and  police
   22  officers of the city of New York and police officers of the port author-
   23  ity  of  New York and New Jersey as well as ordinary citizens who risked

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02079-01-3
       A. 2348                             2

    1  their lives and personal safety to aid and assist  others  during  these
    2  events,  and  the  carnage and destruction that immediately followed. In
    3  the months and years ahead, the citizens of this  state  are  likely  to
    4  encounter  other  and  further  acts of terrorism that will affect their
    5  safety and well being. Events such as the September  eleventh  terrorist
    6  attacks brought out the true nature of the citizens of this great state.
    7  In  a  time  of  extreme  crisis and need, hundreds and thousands of New
    8  Yorkers risked life, limb and safety to assist others  in  similar  need
    9  and  distress.  Countless  others toiled tirelessly in food banks, blood
   10  banks and charitable organizations throughout all of New York. It is the
   11  intent of this act to honor the "ordinary citizens"  of  New  York  that
   12  perform  unselfish,  courageous  acts  of  gallantry  that are worthy of
   13  special recognition and honor by the legislature, the governor  and  all
   14  of  the  citizens  of  the state. While no action can truly recognize or
   15  repay these civilian heroes for  their  selfless  acts  of  courage  and
   16  heroism,  the legislature finds and determines that it is appropriate to
   17  create, pursuant to the terms  of  this  act,  the  "civilian  medal  of
   18  valor". The civilian medal of valor shall be awarded, in the name of the
   19  grateful  residents  of  the state of New York, to the residents of this
   20  state that have, either, already displayed a conspicuous act of  heroism
   21  or  courage  in  assisting  other residents of New York, as well as, the
   22  residents of other countries, or that may do so in the future.
   23    S 2. The executive law is amended by adding a new section 10  to  read
   24  as follows:
   25    S 10. CIVILIAN MEDAL OF VALOR. 1. THE GOVERNOR IS HEREBY AUTHORIZED TO
   26  PRESENT  IN  THE NAME OF THE LEGISLATURE OF THE STATE OF NEW YORK AND ON
   27  BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK, A CIVILIAN MEDAL,  TO  BE
   28  KNOWN AS THE "CIVILIAN MEDAL OF VALOR". SUCH MEDAL MAY BE AWARDED TO ANY
   29  PERSON WHO WAS A CITIZEN OF THE STATE OF NEW YORK (A) AT THE TIME OF THE
   30  PRESENTATION  OF SUCH MEDAL OR (B) AT THE TIME OF THE ACT OR ACTS GIVING
   31  RISE TO THE BASIS FOR WHICH SUCH MEDAL IS BEING AWARDED.   THE  CIVILIAN
   32  MEDAL  OF  VALOR MAY BE AWARDED TO PERSONS WHO PERFORM A CONSPICUOUS AND
   33  UNSELFISH ACT OR ACTS OF VALOR, HEROISM  OR  COURAGE  IN  ASSISTING  ANY
   34  OTHER  PERSON  OR  PERSONS.  CANDIDATES  FOR THE CIVILIAN MEDAL OF VALOR
   35  SHALL, UPON THE RECOMMENDATION OF ONE MEMBER OF  THE  ASSEMBLY  AND  ONE
   36  SENATOR,  BE  CONSIDERED  FOR  SUCH AWARD BY THE CIVILIAN MEDAL OF VALOR
   37  COMMITTEE, ESTABLISHED PURSUANT TO  SUBDIVISION  TWO  OF  THIS  SECTION.
   38  FURTHERMORE,  SUCH  COMMITTEE  SHALL PROVIDE FOR THE SUITABLE DESIGN AND
   39  INSCRIPTION OF THE CIVILIAN MEDAL OF VALOR.
   40    2. (A) THERE IS HEREBY CREATED, WITHIN  THE  EXECUTIVE  DEPARTMENT,  A
   41  CIVILIAN  MEDAL  OF VALOR COMMITTEE WHICH SHALL BE PERPETUAL IN DURATION
   42  AND BE COMPOSED OF NINE MEMBERS. THE MEMBERS OF THE COMMITTEE  SHALL  BE
   43  APPOINTED  AS FOLLOWS: THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR,
   44  TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
   45  TWO MEMBERS SHALL BE APPOINTED BY  THE  SPEAKER  OF  THE  ASSEMBLY,  ONE
   46  MEMBER  SHALL  BE APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE
   47  MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.    THE
   48  MEMBERSHIP  OF  SUCH COMMITTEE SHALL REPRESENT THE BROAD SPECTRUM OF THE
   49  CITIZENRY OF THIS STATE, EXCEPT THAT LESS THAN ONE-HALF OF  THE  MEMBERS
   50  OF THE COMMITTEE SHALL BE IN THE ARMED FORCES OF THE UNITED STATES OR IN
   51  THE  ORGANIZED  MILITIA OF THE STATE. THE MEMBERS OF THE COMMITTEE SHALL
   52  SERVE A TERM OF  THREE YEARS, EXCEPT THAT THE INITIAL  APPOINTEES  SHALL
   53  SERVE  THE  FOLLOWING  TERMS:  ONE MEMBER APPOINTED BY THE GOVERNOR, ONE
   54  MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER
   55  APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL SERVE A TERM OF ONE YEAR;
   56  ONE MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY THE TEMPO-
       A. 2348                             3

    1  RARY PRESIDENT OF THE SENATE AND ONE MEMBER APPOINTED BY THE SPEAKER  OF
    2  THE  ASSEMBLY  SHALL SERVE A TERM OF TWO YEARS; AND ONE MEMBER APPOINTED
    3  BY THE GOVERNOR, THE MEMBER APPOINTED BY  THE  MINORITY  LEADER  OF  THE
    4  SENATE  AND  THE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY
    5  SHALL SERVE A TERM OF THREE YEARS. THE MEMBERS OF  THE  COMMITTEE  SHALL
    6  SERVE  UNTIL  THEIR  SUCCESSORS  HAVE BEEN APPOINTED AND HAVE QUALIFIED.
    7  EVERY VACANCY OCCURRING IN THE MEMBERSHIP  OF  THE  COMMITTEE  SHALL  BE
    8  FILLED  FOR  THE  UNEXPIRED  TERM  OF  THE  VACANT  MEMBER IN THE MANNER
    9  PROVIDED FOR THE ORIGINAL APPOINTMENT OF  SUCH  MEMBER.  THE  CHAIR  AND
   10  SECRETARY OF THE COMMITTEE SHALL BE ELECTED FROM AMONG THE MEMBERSHIP OF
   11  SUCH COMMITTEE BY A MAJORITY VOTE THEREOF.
   12    (B)  THE  CIVILIAN  MEDAL  OF VALOR COMMITTEE SHALL MEET NOT LESS THAN
   13  ONCE ANNUALLY, AND AT SUCH TIMES AS THE CHAIR, SECRETARY  OR  ANY  THREE
   14  MEMBERS  SHALL  DESIGNATE.  THE COMMITTEE UPON CONVENING A MEETING SHALL
   15  REVIEW ALL CANDIDATES FOR THE CIVILIAN MEDAL OF  VALOR  RECOMMENDED  NOT
   16  LESS  THAN  THIRTY DAYS PRIOR TO SUCH MEETING. THE COMMITTEE SHALL ADOPT
   17  ALL RULES PROVIDING FOR ITS PROCEDURES AND THE  SPECIFIC  QUALIFICATIONS
   18  FOR  THE  AWARDING  OF THE CIVILIAN MEDAL OF VALOR. UPON THE AFFIRMATIVE
   19  VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMITTEE, A CANDIDATE SHALL BE
   20  AWARDED THE CIVILIAN MEDAL OF VALOR. SUCH MEDAL SHALL  BE  PRESENTED  BY
   21  THE  GOVERNOR,  OR, IN THE ALTERNATIVE, BY THE SENATOR AND MEMBER OF THE
   22  ASSEMBLY REPRESENTING THE SENATE AND ASSEMBLY  DISTRICTS  IN  WHICH  THE
   23  MEDAL RECIPIENT RESIDES.
   24    (C) THE MEMBERS OF THE CIVILIAN MEDAL OF VALOR COMMITTEE SHALL RECEIVE
   25  NO  COMPENSATION  FOR  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL
   26  AND NECESSARY EXPENSES INCURRED  IN  THE  PERFORMANCE  OF  THEIR  DUTIES
   27  PURSUANT TO THIS SECTION.
   28    S  3. The state finance law is amended by adding a new section 89-h to
   29  read as follows:
   30    S 89-H. CIVILIAN MEDAL OF VALOR FUND. 1. THERE IS  HEREBY  ESTABLISHED
   31  IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
   32  COMPTROLLER,  A SPECIAL FUND TO BE KNOWN AS THE "CIVILIAN MEDAL OF VALOR
   33  FUND".
   34    2.  THE CIVILIAN MEDAL OF VALOR FUND  SHALL  CONSIST  OF  ALL  GRANTS,
   35  BEQUESTS,  DONATIONS  AND ALL OTHER MONEYS APPROPRIATED, CREDITED, GIVEN
   36  OR TRANSFERRED THERETO FROM ANY OTHER SOURCE OR FUND.
   37    3. THE MONEYS IN THE CIVILIAN MEDAL OF VALOR FUND SHALL BE KEPT  SEPA-
   38  RATE AND APART, AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE
   39  CUSTODY  OF THE COMMISSIONER OF TAXATION AND FINANCE OR THE COMPTROLLER,
   40  AND SHALL ONLY BE EXPENDED AS  PROVIDED  BY  SUBDIVISION  FOUR  OF  THIS
   41  SECTION.
   42    4.  THE  MONEYS  IN THE CIVILIAN MEDAL OF VALOR FUND SHALL BE EXPENDED
   43  PURSUANT  TO  APPROPRIATION  FOR  THE  PURPOSES  OF   IMPLEMENTING   THE
   44  PROVISIONS OF SECTION TEN OF THE EXECUTIVE LAW.
   45    S 4. This act shall take effect immediately.
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