California-2009-SB52-Introduced

BILL NUMBER: SB 52	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        JANUARY 14, 2009

   An act to repeal Sections 3404 and 3405 of, and to repeal and add
Sections 3401, 3402, and 3403 of, the Government Code, relating to
the Public Safety Officer Medal of Valor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 52, as introduced, Correa. Public Safety Officer Medal of
Valor.
   The Public Safety Officer Medal of Valor Act establishes the Medal
of Valor Review Board that recommends candidates to the Attorney
General for the Medal of Valor from among the applications received
by the board. Existing law prohibits the board from meeting more than
once each year or from recommending any more than 5 candidates to
the Attorney General. The act authorizes the Attorney General to
increase the number of candidates in a given year in extraordinary
cases.
   The Public Safety Officer Medal of Valor Act authorizes the
Governor to annually award and present in the name of the State of
California a Medal of Valor to one public safety officer, as defined,
who is cited by the Attorney General, upon the recommendation of the
board, for extraordinary valor above and beyond the call of duty. In
exceptional circumstances, the Governor is authorized to award more
than one Medal of Valor in a year. The Medal of Valor is the highest
state award for valor awarded to a public safety officer.
   This bill would remove the limit on the number of candidates that
the board may recommend. The bill would also eliminate the provisions
that prohibit the board from meeting more than once a year. The bill
would also authorize the Governor to award and present the Medal of
Valor to one or more public safety officers, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3401 of the Government Code is repealed.

   3401.  The following definitions govern this chapter:
   (a) "Board" means the Medal of Valor Review Board.
   (b) "Public safety officer" means a person serving a public
agency, with or without compensation, as a firefighter, law
enforcement officer, or emergency services officer, as determined by
the Attorney General. "Law enforcement officer" includes a person who
is a corrections or court officer or a civil defense officer.

  SEC. 2.  Section 3401 is added to the Government Code, to read:
   3401.  The Governor annually may award and present, in the name of
the State of California, a Public Safety Medal of Valor of
appropriate design, with ribbons and appurtenances, to one or more
public safety officers cited by the Attorney General pursuant to
Section 3402 for extraordinary valor above and beyond the call of
duty. The medal shall be the highest state award for valor awarded to
a public safety officer, which includes any person serving a public
agency, with or without compensation, as a firefighter, a law
enforcement officer, including a corrections or court officer or a
civil defense officer, or an emergency services officer.
  SEC. 3.  Section 3402 of the Government Code is repealed. 
   3402.  The Governor annually may award, and present in the name of
the State of California, a Medal of Valor of appropriate design,
with ribbons and appurtenances, to one public safety officer who is
cited by the Attorney General, upon the recommendation of the Medal
of Valor Review Board, for extraordinary valor above and beyond the
call of duty. In exceptional circumstances, the Governor may award
more than one Medal of Valor in a year. The Public Safety Medal of
Valor shall be the highest state award for valor awarded to a public
safety officer. 
  SEC. 4.  Section 3402 is added to the Government Code, to read:
   3402.  (a) There exists in state government the Public Safety
Medal of Valor Review Board, whose purpose is to solicit and review
applications for, and make recommendations to the Attorney General
regarding, the Public Safety Medal of Valor.
   (b) The board shall be comprised of one representative selected by
each of the following organizations:
   (1) The California Association of Highway Patrolmen.
   (2) The California Correctional Peace Officers Association.
   (3) The California Peace Officers' Association.
   (4) The California Police Chiefs' Association.
   (5) The California State Firefighters' Association.
   (6) The California State Sheriffs' Association.
   (7) The California Statewide Law Enforcement Association.
   (8) The Peace Officers Research Association of California.
   (9) A group, selected by the board, that represents emergency
medical technicians and paramedics.
   (c) The board shall be chaired by a member elected by a majority
vote of the members at the first official meeting of the board each
year. The board shall meet at the call of the chair. Members shall
serve without compensation or reimbursement for expenses, and they
shall minimize travel and expenses to the greatest extent possible.
   (d) The board shall review the applications for the medal to
determine which applicants, if any, to recommend to the Attorney
General. The board may hear from witnesses and consider whatever
information it considers advisable to carry out its duties. The board
may secure directly from any state department, or other state or
local agency, information as the board considers necessary to carry
out its duties. Upon the request of the board, the head of a
department or agency may furnish information to the board. The board
shall not disclose any information that may compromise an ongoing law
enforcement investigation or is otherwise required by law to be kept
confidential.
   (e) Not more often than once each year, the board may present to
the Attorney General the name or names of those persons, if any, it
recommends as candidates for the medal.
   (f) The board may receive donations to pay for meeting and witness
expenses. Witnesses requested to appear before the board may be paid
no more than the fees paid to witnesses pursuant to the Code of
Civil Procedure.
  SEC. 5.  Section 3403 of the Government Code is repealed. 
   3403.  (a) There is established a Medal of Valor Review Board,
which shall be comprised of representatives of the organizations
named in subdivision (b) and shall conduct its business in accordance
with the provisions of this chapter. The members of the board shall
serve without compensation or reimbursement for travel, per diem, or
other expenses. The board shall minimize travel and expenses and
utilize technology to the greatest extent possible by
teleconferencing, digital transmission of data, electronic mail, and
other communication methods.
   (b) The board shall consist of a representative, or his or her
designee, selected by each of the following organizations:
   (1) The California Peace Officers' Association.
   (2) The California Correctional Peace Officers Association.
   (3) The California State Firefighters' Association.
   (4) The Peace Officers Research Association of California.
   (5) The California Police Chiefs' Association.
   (6) The California Association of Highway Patrolmen.
   (7) The California State Sheriffs' Association.
   (8) The California Union of Safety Employees.
   (9) A group, selected by the board, that represents emergency
medical technicians and paramedics.
   (c) The term of a board member shall be four years.
   (d) Any vacancy in the membership of the board shall not affect
the powers of the board and shall be filled in the same manner as the
original appointment.
   (e) The chair of the board shall be elected by a majority of the
members of the board at the first official meeting of the board at a
time and place designated by the Attorney General. 
  SEC. 6.  Section 3403 is added to the Government Code, to read:
   3403.  (a) The Attorney General shall review the candidates
recommended to him or her by the Public Safety Medal of Valor Review
Board and advise the Governor which candidates, if any, merit the
Attorney General's citation for extraordinary valor above and beyond
the call of duty.
   (b) The Attorney General shall pay for the production of the
medals from existing resources within the Department of Justice.
  SEC. 7.  Section 3404 of the Government Code is repealed. 
   3404.  (a) The board shall conduct its first meeting not later
than 90 days after the appointment of the last member appointed of
the initial group of members appointed to the board. Thereafter, the
board shall meet at the call of the chair of the board. The board
shall meet not more than once each year.
   (b) A majority of the members of the board shall constitute a
quorum to conduct business, but the board may establish a lesser
quorum for conducting hearings scheduled by the board. The board may
establish by majority vote any other rules for the conduct of the
board's business, if the rules are not inconsistent with this chapter
or other provisions of law.
   (c) The board shall recommend candidates for the Medal of Valor
from among the applications received by the board. Not more often
than once each year, the board may present to the Attorney General
the name or names of those it recommends as candidates for the Medal
of Valor. In a given year, the board shall not be required to
recommend any candidates but may not recommend more than five
candidates. The Attorney General in extraordinary cases may increase
the number of candidates in a given year. The board shall set an
annual timetable for fulfilling its duties under this chapter.
   (d) The board may hold one annual hearing, sit and act at a
designated time and place, administer oaths, take testimony, and
receive evidence as the board considers advisable to carry out its
duties.
   (e) Witnesses requested to appear before the board may be paid the
same fees as are paid to witnesses pursuant to the Code of Civil
Procedure. The per diem and mileage allowances for witnesses shall be
paid from funds donated to the board.
   (f) The board may secure directly from any state department or
other state or local agency information as the board considers
necessary to carry out its duties. Upon the request of the board, the
head of a department or agency may furnish information to the board.

   (g) The board shall not disclose any information that may
compromise an ongoing law enforcement investigation or is otherwise
required by law to be kept confidential. 
  SEC. 8.  Section 3405 of the Government Code is repealed. 
   3405.  (a) The board is authorized to receive donations which
shall be used to pay any costs associated with holding its annual
meeting and having witnesses. If no donated funds are available to
the board, the board may not hold hearings and have witnesses.
   (b) The costs of production of the medals shall be funded from
existing resources within the Department of Justice.