S01067 Summary:

BILL NOS01067
 
SAME ASSAME AS A02348
 
SPONSORMAZIARZ
 
COSPNSRBONACIC, DEFRANCISCO, LARKIN, LAVALLE, LITTLE, NOZZOLIO, ZELDIN
 
MLTSPNSR
 
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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S01067 Actions:

BILL NOS01067
 
01/09/2013REFERRED TO FINANCE
01/08/2014REFERRED TO FINANCE
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S01067 Floor Votes:

There are no votes for this bill in this legislative session.
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S01067 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1067
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  MAZIARZ,  BONACIC,  DeFRANCISCO, LARKIN, LAVALLE,
          LITTLE -- read twice and ordered  printed,  and  when  printed  to  be
          committed to the Committee on Finance
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02079-01-3

        S. 1067                             2
 
     1  officers of the city of New York and police officers of the port author-
     2  ity of New York and New Jersey as well as ordinary citizens  who  risked
     3  their  lives  and  personal safety to aid and assist others during these
     4  events,  and  the  carnage and destruction that immediately followed. In
     5  the months and years ahead, the citizens of this  state  are  likely  to
     6  encounter  other  and  further  acts of terrorism that will affect their
     7  safety and well being. Events such as the September  eleventh  terrorist

     8  attacks brought out the true nature of the citizens of this great state.
     9  In  a  time  of  extreme  crisis and need, hundreds and thousands of New
    10  Yorkers risked life, limb and safety to assist others  in  similar  need
    11  and  distress.  Countless  others toiled tirelessly in food banks, blood
    12  banks and charitable organizations throughout all of New York. It is the
    13  intent of this act to honor the "ordinary citizens"  of  New  York  that
    14  perform  unselfish,  courageous  acts  of  gallantry  that are worthy of
    15  special recognition and honor by the legislature, the governor  and  all
    16  of  the  citizens  of  the state. While no action can truly recognize or
    17  repay these civilian heroes for  their  selfless  acts  of  courage  and
    18  heroism,  the legislature finds and determines that it is appropriate to
    19  create, pursuant to the terms  of  this  act,  the  "civilian  medal  of

    20  valor". The civilian medal of valor shall be awarded, in the name of the
    21  grateful  residents  of  the state of New York, to the residents of this
    22  state that have, either, already displayed a conspicuous act of  heroism
    23  or  courage  in  assisting  other residents of New York, as well as, the
    24  residents of other countries, or that may do so in the future.
    25    § 2. The executive law is amended by adding a new section 10  to  read
    26  as follows:
    27    § 10. Civilian medal of valor. 1. The governor is hereby authorized to
    28  present  in  the name of the legislature of the state of New York and on
    29  behalf of the people of the state of New York, a civilian medal,  to  be
    30  known as the "civilian medal of valor". Such medal may be awarded to any
    31  person who was a citizen of the state of New York (a) at the time of the

    32  presentation  of such medal or (b) at the time of the act or acts giving
    33  rise to the basis for which such medal is being awarded.   The  civilian
    34  medal  of  valor may be awarded to persons who perform a conspicuous and
    35  unselfish act or acts of valor, heroism  or  courage  in  assisting  any
    36  other  person  or  persons.  Candidates  for the civilian medal of valor
    37  shall, upon the recommendation of one member of  the  assembly  and  one
    38  senator,  be  considered  for  such award by the civilian medal of valor
    39  committee, established pursuant to  subdivision  two  of  this  section.
    40  Furthermore,  such  committee  shall provide for the suitable design and
    41  inscription of the civilian medal of valor.

    42    2. (a) There is hereby created, within  the  executive  department,  a
    43  civilian  medal  of valor committee which shall be perpetual in duration
    44  and be composed of nine members. The members of the committee  shall  be
    45  appointed  as follows: three members shall be appointed by the governor,
    46  two members shall be appointed by the temporary president of the senate,
    47  two members shall be appointed by  the  speaker  of  the  assembly,  one
    48  member  shall  be appointed by the minority leader of the senate and one
    49  member shall be appointed by the minority leader of the assembly.    The
    50  membership  of  such committee shall represent the broad spectrum of the
    51  citizenry of this state, except that less than one-half of  the  members

    52  of the committee shall be in the armed forces of the United States or in
    53  the  organized  militia of the state. The members of the committee shall
    54  serve a term of  three years, except that the initial  appointees  shall
    55  serve  the  following  terms:  one member appointed by the governor, one
    56  member appointed by the temporary president of the senate and one member

        S. 1067                             3
 
     1  appointed by the speaker of the assembly shall serve a term of one year;
     2  one member appointed by the governor, one member appointed by the tempo-
     3  rary president of the senate and one member appointed by the speaker  of
     4  the  assembly  shall serve a term of two years; and one member appointed

     5  by the governor, the member appointed by  the  minority  leader  of  the
     6  senate  and  the member appointed by the minority leader of the assembly
     7  shall serve a term of three years. The members of  the  committee  shall
     8  serve  until  their  successors  have been appointed and have qualified.
     9  Every vacancy occurring in the membership  of  the  committee  shall  be
    10  filled  for  the  unexpired  term  of  the  vacant  member in the manner
    11  provided for the original appointment of  such  member.  The  chair  and
    12  secretary of the committee shall be elected from among the membership of
    13  such committee by a majority vote thereof.
    14    (b)  The  civilian  medal  of valor committee shall meet not less than

    15  once annually, and at such times as the chair, secretary  or  any  three
    16  members  shall  designate.  The committee upon convening a meeting shall
    17  review all candidates for the civilian medal of  valor  recommended  not
    18  less  than  thirty days prior to such meeting. The committee shall adopt
    19  all rules providing for its procedures and the  specific  qualifications
    20  for  the  awarding  of the civilian medal of valor. Upon the affirmative
    21  vote of a majority of the members of the committee, a candidate shall be
    22  awarded the civilian medal of valor. Such medal shall  be  presented  by
    23  the  governor,  or, in the alternative, by the senator and member of the
    24  assembly representing the senate and assembly  districts  in  which  the
    25  medal recipient resides.

    26    (c) The members of the civilian medal of valor committee shall receive
    27  no  compensation  for  their services, but shall be allowed their actual
    28  and necessary expenses incurred  in  the  performance  of  their  duties
    29  pursuant to this section.
    30    §  3. The state finance law is amended by adding a new section 89-h to
    31  read as follows:
    32    § 89-h. Civilian medal of valor fund. 1. There is  hereby  established
    33  in the joint custody of the commissioner of taxation and finance and the
    34  comptroller,  a special fund to be known as the "civilian medal of valor
    35  fund".
    36    2.  The civilian medal of valor fund  shall  consist  of  all  grants,
    37  bequests,  donations  and all other moneys appropriated, credited, given

    38  or transferred thereto from any other source or fund.
    39    3. The moneys in the civilian medal of valor fund shall be kept  sepa-
    40  rate and apart, and shall not be commingled with any other moneys in the
    41  custody  of the commissioner of taxation and finance or the comptroller,
    42  and shall only be expended as  provided  by  subdivision  four  of  this
    43  section.
    44    4.  The  moneys  in the civilian medal of valor fund shall be expended
    45  pursuant  to  appropriation  for  the  purposes  of   implementing   the
    46  provisions of section ten of the executive law.
    47    § 4. This act shall take effect immediately.
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