BILL ANALYSIS                                                                                                                                                                                                    




                                                       Bill No:  SB  
          52
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          SB 52  Author:  Correa
          As Amended:  April 22, 2009
          Hearing Date:  April 28, 2009
          Consultant:  Chris Lindstrom


                                     SUBJECT  

                      Public Safety Office Medal of Valor.

                                   DESCRIPTION
           
          SB 52 repeals and recasts the Public Safety Officer Medal  
          of Valor Act.  The bill allows the California Public Safety  
          Medal of Valor Review Board to meet more than once a year  
          and to recommend more than five candidates for the Medal  
          per year.  Allows the Governor to award a Medal of Valor to  
          more than one public safety officer a year.  Specifically,  
          the bill:

          1)Provides that the Governor may award a Medal of Valor to  
            one or more public safety officers per year for  
            extraordinary valor above and beyond the call of duty.  

          Eliminates the restriction that the Governor may award more  
            than one Medal of Valor per year only in "exceptional  
            circumstances".

          2)Renames the Medal of Valor Review Board the Public Safety  
            Medal of Valor Review Board and states the purpose of the  
            board is to solicit and review applications for, and make  
            recommendations to, the Attorney General regarding the  
            Public Safety Medal of Valor.

          3)Provides that board members shall serve without  
            compensation or reimbursement for travel, per diem, or  
            other expenses, and, that they shall minimize travel and  





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            expenses to the greatest extent possible.  Provides that  
            any costs incurred by a member as a result of serving as  
            a member may not be paid by the state.

          4)Eliminates language specifying the term of a board member  
            is four (4) years;

          5)Eliminates the restriction that the board may not meet  
            more than once a year.

          6)Eliminates the authority for the board to establish a  
            quorum to conduct business with less than a majority of  
            the members being present.

          7)Eliminates the restriction that the board may not  
            recommend more than five (5) candidates for the Medal of  
            Valor per year, as well as, the exception in which the  
            Attorney General, in exceptional cases, may increase the  
            number of candidates that may be recommended for the  
            award.

          8)Provides that the per diem and mileage allowances for  
            witnesses shall be paid from funds donated to the board.  
           
          9)Eliminates the restriction that if no donated funds are  
            available to the board then the board may not hold  
            hearings and have witnesses.

          10)Makes other technical and conforming changes.

                                   EXISTING LAW

           Existing law allows the Governor to annually make awards to  
          employees that distinguish themselves by outstanding  
          service to the state.  The Governor may also award Medals  
          of Valor to members of the military distinguishing  
          themselves by courageous conduct at the risk of life, above  
          and beyond the call of duty, while in the service of the  
          state or the United States.

          Existing law established the Public Safety Officer Medal of  
          Valor Act.

          Existing law authorizes the Governor to annually award a  
          Medal of Valor 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  





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          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 is the highest state award  
          for valor awarded to a public safety officer.

          Existing law establishes a Medal of Valor Review Board  
          comprised of representatives of the 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.

          Existing law provides that 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.

          Existing law provides that the term of a board member shall  
          be four years.

          Existing law provides that the board shall not meet more  
          than once a year.

          Existing law provides that 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.

          Existing law provides that 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  





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          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.

          Existing law provides that the board may hold one annual  
          hearing to administer oaths, take testimony, and receive  
          evidence as the board considers advisable to carry out its  
          duties.  

          Existing law provides that 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.

          Existing law provides that 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.

          Existing law provides that 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.

          Existing law provides that the costs of production of the  
          medals shall be funded from existing resources within the  
          Department of Justice.

                                    BACKGROUND
           
          Purpose of the bill.  According to the sponsors, and in  
          communications from other board members, the board is  
          charged with recommending candidates for the medal of Valor  
          to the Attorney General, who then advises the Governor.  SB  
          52 will provide the board with the ability to evaluate the  
          candidates by allowing them to meet more than once a year,  
          as well as, to recognize additional deserving candidates.






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          Public Safety Medal of Valor.  The Public Safety Medal of  
          Valor is the highest state award given by the Governor to  
          public safety officers who have demonstrated extraordinary  
          valor above and beyond the call of duty.  The Medal of  
          Valor Review Board annually recommends candidates to the  
          Attorney General who then advises the Governor.  The  
          Governor is authorized to award a Medal of Valor to one  
          public safety officer cited by the Attorney General, or in  
          exceptional circumstances, the Governor may award more than  
          one Medal of Valor in a year.  

          Arguments in support.  Proponents of the bill argue that  
          the bill improves the Board's ability to evaluate suitable  
          candidates by allowing it to conduct business more than  
          once a year.  In addition, the measure allows the Board to  
          make additional recommendations to the Attorney General,  
          which will allow the Board, Attorney General, and Governor  
          to honor our public safety officers who are deserving of  
          the distinction.

                            PRIOR/RELATED LEGISLATION
           
           AB 671 (Krekorian), 2009-2010 Legislative Session  .   
          Authorizes the Governor to award and present in the name of  
          the State of California, a Golden Shield Award to one  
          public safety officer who is cited by the Attorney General,  
          upon the recommendation of the Medal of Valor Review Board,  
          who, while serving in competent authority has been wounded  
          or killed, or has died after being wounded in the line of  
          duty.  In exceptional circumstances, the Governor may award  
          more than one Golden Shield Award in a year.  (Pending in  
          Assembly Public Safety Committee)
          
           SB 1800 (Johannessen), Chapter 226, Statutes of 2002  .   
          Enacts the Public Safety Officer  Medal of Valor Act.  

           SB 722 (Correa), 2007-2008 Legislative Session  .  Similar to  
          SB 52 (2009).  Gut and amend on the Assembly Floor near the  
          end of the 2009-2010 Legislative Session.  (Held in  
          Assembly Rules Committee)
          
           SUPPORT:   As of April 24, 2009:

          American Federation of State, County and Municipal  
          Employees
          Attorney General Edmund G. Brown, Jr.
          California Association of Highway Patrolmen (sponsor)





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          California Correctional Peace Officers Association
          California Correctional Supervisors Organization
          California Statewide Law Enforcement Association
          Captain J.P. Badel (Member, Governor's Public Safety Medal  
          of Valor Review Board)
          CDF Firefighters Local 2881
          Peace Officers Research Association of California

           OPPOSE:   None on file as of April 24, 2009.

           FISCAL COMMITTEE:   Senate Appropriations Committee



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