S T A T E O F N E W Y O R K
________________________________________________________________________
5979
2011-2012 Regular Sessions
I N A S S E M B L Y
March 3, 2011
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Introduced by M. of A. BURLING, SAYWARD, CALHOUN, THIELE, GIGLIO, KOLB,
HAWLEY, FINCH, CASTELLI -- Multi-Sponsored by -- M. of A. BARCLAY,
CROUCH, DUPREY, GOODELL, HAYES, JORDAN, McDONOUGH, McLAUGHLIN, MONTES-
ANO, OAKS, PALMESANO, RAIA, REILICH, WEISENBERG -- 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:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01588-01-1
A. 5979 2
the public servants of the state, including firefighters and police
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
A. 5979 3
MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER
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.