S T A T E   O F   N E W   Y O R K
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                                   341

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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:

  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
officers of the city of New York and police officers of the port author-

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

                                                           LBD00275-01-5

A. 341                              2

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
APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL SERVE A TERM OF ONE YEAR;

A. 341                              3

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-i  to
read as follows:
  S  89-I.  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.