BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 52|
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UNFINISHED BUSINESS
Bill No: SB 52
Author: Correa (D)
Amended: 6/26/09
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 12-0, 4/28/09
AYES: Wright, Harman, Benoit, Calderon, Denham, Florez,
Negrete McLeod, Oropeza, Padilla, Wiggins, Wyland, Yee
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/26/09 (Consent)
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 74-0, 07/09/09 (Consent) - See last page
for vote
SUBJECT : Public Safety Officer Medal of Valor
SOURCE : California Association of Highway Patrolmen
DIGEST : This bill repeals and recasts the Public Safety
CONTINUED
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Officer Medal of Valor Act. This 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. This bill also allows
the Governor to award a Medal of Valor to more than one
public safety officer a year.
Assembly Amendments prohibit the Board from holding
hearings if donated funds are not available.
ANALYSIS :
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 (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 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.
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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
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.
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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.
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
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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
expenses to the greatest extent possible, and 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 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.Adds the California Coalition of Law Enforcement
Associations and the California Professional
Firefighters to the Public Safety Medal of Valor Review
Board.
11.Makes other technical and conforming changes.
Comments
According to the sponsors, and in communications from other
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Board members, the Board is charged with recommending
candidates for the medal of Valor to the Attorney General,
who then advises the Governor. This bill provides 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/9/09)
California Association of Highway Patrolmen (source)
American Federation of State, County and Municipal
Employees
Association for Los Angeles Deputy Sheriffs
Attorney General Edmund G. Brown, Jr.
California Association of Highway Patrolmen
California Coalition of Law Enforcement Associations
California Correctional Peace Officers Association
California Correctional Supervisors Organization
California Professional Firefighters
California Statewide Law Enforcement Association
Captain J.P. Badel (Member, Governor's Public Safety Medal
of Valor
Review Board)
CDF Firefighters Local 2881
Los Angeles Police Protective League
Los Angeles Probation Officers Union
Orange County Professional Firefighters Association - IAFF,
Local 3631
Peace Officers Research Association of California
Riverside Sheriffs' Association
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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 bill allows the Board to
make additional recommendations to the Attorney General,
which allows the Board, Attorney General, and Governor to
honor our public safety officers who are deserving of the
distinction.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen,
John A. Perez, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Charles Calderon, Duvall, Jones,
Krekorian, Nava, Vacancy
TSM:do 7/10/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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