senate Bill S1067

Establishes a civilian medal of valor for conspicuous and unselfish acts of valor, heroism or courage in assisting any other person

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

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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Bill Details

See Assembly Version of this Bill:
A2348
Versions:
S1067
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §10, Exec L; add §89-h, St Fin L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S226, A5979
2009-2010: S1402, A6616
2007-2008: A4756

Sponsor Memo

BILL NUMBER:S1067

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: 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 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, axe 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.

LEGISLATIVE HISTORY:
S.6174/A.9669 of 2002 Ordered to Third Reading
S.503/A.3738 of 2003-2004 Referred to Finance
S.209A/A.9997 of 2005-2006 Passed Senate
S.252 of 2007/2008; Passed Senate


S.1402/A.6616 of 2009/2010; Referred to Finance
S.226/A.5979 of 2011/2012; Referred to Finance

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.

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

                                  1067

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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:

  Section  1. Legislative intent.  The legislature hereby finds that the
terrorist attacks on the World Trade Towers on the morning of  September
11,  2001  have  forever  changed the lives of all residents of New York
state, the United States of America  and  all  other  countries  of  the
world.  These  cowardly  and  barbaric acts have deprived thousands upon
thousands of citizens and individuals  throughout  the  world  of  their
loved  ones,  and  the comfort, support and the security of knowing that
they live in a safe place.  Today, thousands of United  States  military
personnel are risking their lives and personal safety, and are separated
from  their  family members so that they may protect the citizens of our
great nation and to attempt to bring the masterminds behind the cowardly
events of September eleventh to justice. The  laws  of  this  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 capac-
ities 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 the governor.  The events of September elev-
enth brought about untold numbers of heroic acts and deeds by so many of
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

officers of the city of New York and police officers of the port author-
ity of New York and New Jersey 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, the citizens of this  state  are  likely  to
encounter  other  and  further  acts of terrorism that will affect their
safety and well being. Events such as the September  eleventh  terrorist
attacks brought out the true nature of the citizens of this great state.
In  a  time  of  extreme  crisis and need, hundreds and thousands of 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 act 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 legislature, the governor  and  all
of  the  citizens  of  the state. While no action can truly recognize or
repay these civilian heroes for  their  selfless  acts  of  courage  and
heroism,  the legislature finds and determines that it is appropriate to
create, pursuant to the terms  of  this  act,  the  "civilian  medal  of
valor". The civilian medal of valor shall be awarded, in the name of the
grateful  residents  of  the state of New York, to the residents of this
state that have, either, already displayed a conspicuous act of  heroism
or  courage  in  assisting  other residents of New York, as well as, the
residents of other countries, or that may do so in the future.
  S 2. The executive law is amended by adding a new section 10  to  read
as follows:
  S 10. CIVILIAN MEDAL OF VALOR. 1. THE GOVERNOR IS HEREBY AUTHORIZED TO
PRESENT  IN  THE NAME OF THE LEGISLATURE OF THE STATE OF NEW YORK AND ON
BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK, A CIVILIAN MEDAL,  TO  BE
KNOWN AS THE "CIVILIAN MEDAL OF VALOR". SUCH MEDAL MAY BE AWARDED TO ANY
PERSON WHO WAS A CITIZEN OF THE STATE OF NEW YORK (A) AT THE TIME OF THE
PRESENTATION  OF SUCH MEDAL OR (B) AT THE TIME OF THE ACT OR ACTS GIVING
RISE TO THE BASIS FOR WHICH SUCH MEDAL IS BEING AWARDED.   THE  CIVILIAN
MEDAL  OF  VALOR MAY BE AWARDED TO PERSONS WHO PERFORM A CONSPICUOUS AND
UNSELFISH ACT OR ACTS OF VALOR, HEROISM  OR  COURAGE  IN  ASSISTING  ANY
OTHER  PERSON  OR  PERSONS.  CANDIDATES  FOR THE CIVILIAN MEDAL OF VALOR
SHALL, UPON THE RECOMMENDATION OF ONE MEMBER OF  THE  ASSEMBLY  AND  ONE
SENATOR,  BE  CONSIDERED  FOR  SUCH AWARD BY THE CIVILIAN MEDAL OF VALOR
COMMITTEE, ESTABLISHED PURSUANT TO  SUBDIVISION  TWO  OF  THIS  SECTION.
FURTHERMORE,  SUCH  COMMITTEE  SHALL PROVIDE FOR THE SUITABLE DESIGN AND
INSCRIPTION OF THE CIVILIAN MEDAL OF VALOR.
  2. (A) THERE IS HEREBY CREATED, WITHIN  THE  EXECUTIVE  DEPARTMENT,  A
CIVILIAN  MEDAL  OF VALOR COMMITTEE WHICH SHALL BE PERPETUAL IN DURATION
AND BE COMPOSED OF NINE MEMBERS. THE MEMBERS OF THE COMMITTEE  SHALL  BE
APPOINTED  AS FOLLOWS: THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR,
TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE,
TWO MEMBERS SHALL BE APPOINTED BY  THE  SPEAKER  OF  THE  ASSEMBLY,  ONE
MEMBER  SHALL  BE APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE
MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.    THE
MEMBERSHIP  OF  SUCH COMMITTEE SHALL REPRESENT THE BROAD SPECTRUM OF THE
CITIZENRY OF THIS STATE, EXCEPT THAT LESS THAN ONE-HALF OF  THE  MEMBERS
OF THE COMMITTEE SHALL BE IN THE ARMED FORCES OF THE UNITED STATES OR IN
THE  ORGANIZED  MILITIA OF THE STATE. THE MEMBERS OF THE COMMITTEE SHALL
SERVE A TERM OF  THREE YEARS, EXCEPT THAT THE INITIAL  APPOINTEES  SHALL
SERVE  THE  FOLLOWING  TERMS:  ONE MEMBER APPOINTED BY THE GOVERNOR, ONE
MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER

S. 1067                             3

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

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