Bill S5805-2013

Establishes the Lt. Colonel Todd Clark Memorial Flag Presentment Program

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.

Details

Actions

  • Nov 8, 2013: SIGNED CHAP.465
  • Nov 1, 2013: DELIVERED TO GOVERNOR
  • Jun 20, 2013: returned to senate
  • Jun 20, 2013: passed assembly
  • Jun 20, 2013: ordered to third reading rules cal.609
  • Jun 20, 2013: substituted for a8039
  • Jun 20, 2013: referred to governmental operations
  • Jun 20, 2013: DELIVERED TO ASSEMBLY
  • Jun 20, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1473
  • Jun 16, 2013: REFERRED TO RULES

Meetings

Calendars

Votes

Memo

BILL NUMBER:S5805

TITLE OF BILL: An act to amend the military law, in relation to establishing 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 sacrificing 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5805 2013-2014 Regular Sessions IN SENATE 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
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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