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
SB 52 (Correa) continued
Page 2
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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