senate Bill S5805

Signed by Governor

Establishes the Lt. Colonel Todd Clark Memorial Flag Presentment Program

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Bill Status


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

  • 16 / Jun / 2013
    • REFERRED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1473
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A8039
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.609
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 01 / Nov / 2013
    • DELIVERED TO GOVERNOR
  • 08 / Nov / 2013
    • SIGNED CHAP.465

Summary

Establishes the Lt. Colonel Todd Clark Memorial Flag Presentment Program; provides that flags flown at half mast in honor of a service member be presented to a family member.

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Bill Details

See Assembly Version of this Bill:
A8039
Versions:
S5805
Legislative Cycle:
2013-2014
Law Section:
Military Law
Laws Affected:
Amd ยง250-a, Mil L

Sponsor Memo

BILL NUMBER:S5805

TITLE OF BILL: An act to amend the military law, in relation to estab-
lishing the Lt. Colonel Todd Clark Memorial Flag Presentment Program

PURPOSE: This bill would establish the Lt. Colonel Todd Clark Memorial
Flag Presentment Program to present flags lowered to half staff by order
of the Governor to be presented to the family next of kin of a fallen
military service member.

SUMMARY OF SPECIFIC PROVISIONS: Specifically, this bill would amend
section 250-a of the military law to establish the Lt. Colonel Todd
Clark Memorial Flag Presentment Program.

This program would provide that in the event the governor orders the
flags of the United States and the State of New York, to be lowered to
half staff, in memorial of the death of any military service member, the
adjutant general, shall, in cooperation with the office of general
services, arrange for the procurement of a flag of the United States and
a flag of the State of New York, which were flying over the capitol
building at the time such flags were lowered to half staff in compliance
with the governor's order.

Upon the procurement of such flags, the adjutant general, or his or her
representative, shall offer the presentment of such flags, without cost,
to the person designated to dispose of the remains of the service
member, in whose honor such flags were lowered in memorial.

For the purposes of this section, the following persons in the order
named shall be designated to dispose of the remains of a decedent:

1. Surviving spouse of decedent

2. Blood relatives of the decedent

3. Adoptive relatives of the decedent

4. Person standing in loco parentis to decedent

JUSTIFICATION: This bill would establish the Lt. Colonel Todd Clark
Memorial Flag Presentment Program, to present flags lowered to half
staff over the capitol building, by order of the Governor, to the next
of kin of a fallen military service member.

Lt. Colonel Clark was a soldier serving in the United States Army, who
after multiple combat tours in the Middle East, was recently killed in
the service of his nation. Between tours, Lt. Colonel Clark, seriously
wounded during prior duty, visited the capitol building, visiting with
legislators and representing the army and its mission with great
distinction. Called back to active duty in Afghanistan, Lt. Colonel
Clark bravely confronted a terrorist threatening soldiers in his unit,
and was shot and killed during the incident. He was honored by the

Governor after his death, by having the flags of the United States and
the State of New York lowered to half staff, in memorial to his devoted
service.

Presently, flags lowered to half staff in honor of a fallen service
member are retired after their initial use. This new program would have
such flags offered for presentment to the next of kin of such service
member, to demonstrate the appreciation of a grateful state. This
offering, which has no cost to the state, would provide a significant
demonstration of public respect and appreciation, that any such sacri-
ficing veteran, and their surviving family, deserves.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

BUDGET IMPLICATIONS: None noted.

EFFECTIVE DATE: This act would take effect immediately.

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

                                  5805

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 16, 2013
                               ___________

Introduced  by Sens. FARLEY, BALL -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the military law, in relation to  establishing  the  Lt.
  Colonel Todd Clark Memorial Flag Presentment Program

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

  Section 1. Section 250-a of the military law, as added by chapter  871
of  the  laws  of  1965  and as renumbered by chapter 179 of the laws of
1970, subdivision 1 as amended by chapter 141 of the laws  of  1988,  is
amended to read as follows:
  S  250-a.  [Flags]  LT.  COLONEL  TODD CLARK MEMORIAL FLAG PRESENTMENT
PROGRAM. 1.  THERE SHALL BE ESTABLISHED WITHIN THE DIVISION OF  MILITARY
AND  NAVAL  AFFAIRS, BY THE ADJUTANT GENERAL, THE LT. COLONEL TODD CLARK
MEMORIAL FLAG PRESENTMENT PROGRAM. PURSUANT TO SUCH PROGRAM:
  A. The adjutant general upon request, may, in his discretion,  author-
ize  the purchase and presentation of a flag of the United States, where
such flag is not provided by the United States, to the person designated
to dispose of the remains of a member of the organized militia who  dies
while  on the active list, and whose service up to the date of death was
honorable.
  B. IN THE EVENT THE GOVERNOR ORDERS THE FLAGS OF THE UNITED STATES AND
THE STATE OF NEW YORK, TO BE LOWERED TO HALF STAFF, IN MEMORIAL  OF  THE
DEATH  OF ANY SERVICE MEMBER OF THE ARMY, NAVY (INCLUDING MARINE CORPS),
AIR FORCE, OR COAST GUARD OF THE UNITED STATES, OR ANY SERVICE MEMBER OF
THE ARMY NATIONAL GUARD, AIR NATIONAL GUARD, STATE GUARD OR NAVAL  MILI-
TIA,  THE  ADJUTANT  GENERAL,  SHALL,  IN COOPERATION WITH THE OFFICE OF
GENERAL SERVICES, ARRANGE FOR THE PROCUREMENT OF A FLAG  OF  THE  UNITED
STATES  AND  A FLAG OF THE STATE OF NEW YORK, WHICH WERE FLYING OVER THE
CAPITOL BUILDING AT THE TIME SUCH FLAGS WERE LOWERED TO  HALF  STAFF  IN
COMPLIANCE  WITH  THE  GOVERNOR'S  ORDER.  UPON  THE PROCUREMENT OF SUCH
FLAGS, THE ADJUTANT GENERAL, OR HIS OR HER REPRESENTATIVE,  SHALL  OFFER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11544-01-3

S. 5805                             2

THE PRESENTMENT OF SUCH FLAGS, WITHOUT COST, TO THE PERSON DESIGNATED TO
DISPOSE  OF THE REMAINS OF THE SERVICE MEMBER, IN WHOSE HONOR SUCH FLAGS
WERE LOWERED IN MEMORIAL.
  2. For the purposes of this section only, the following persons in the
order named shall be designated to dispose of the remains of a decedent:
  a. Surviving spouse of decedent
  b. Blood relatives of the decedent
  c. Adoptive relatives of the decedent
  d. Person standing in loco parentis to decedent
  S 2. This act shall take effect immediately.

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