senate Bill S5710A

Relates to the calculation of expenses of members of the police department and other peace officers in attending police training schools

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Jun / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 16 / May / 2014
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 16 / May / 2014
    • PRINT NUMBER 5710A

Summary

Relates to the calculation of expenses of members of the police department and other peace officers in attending police training schools.

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Bill Details

See Assembly Version of this Bill:
A1924E
Versions:
S5710
S5710A
Legislative Cycle:
2013-2014
Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Amd ยง72-c, Gen Muni L
Versions Introduced in 2011-2012 Legislative Cycle:
A10792, A10792

Sponsor Memo

BILL NUMBER:S5710A

TITLE OF BILL: An act to amend the general municipal law, in relation
to the calculation of expenses of members of the police department and
other peace officers in attending police training schools

PURPOSE OF BILL:

Reduces the amount of time used to calculate the pro rata cost of
training from thirty-six months to eighteen months.

SUMMARY OF SPECIFIC PROVISIONS:

Amends section 72-c of the general municipal law to reduce the amount
of time used to calculate the pro rata cost of training. Provides that
the division of criminal justice shall mediate disputed costs.
Further, it provides that if the employer municipality or sheriff
trains the employee at their own expense such reimbursement shall not
be due.

LEGISLATIVE HISTORY:

New bill.

JUSTIFICATION:

To provide those municipalities with a reasonable period of time to
recoup expenses incurred in training police officers. Currently, if a
municipality wishes to hire a police officer from another jurisdiction
they must reimburse the cost of training. There is currently no
mechanism for the municipality to dispute the total amount of these
costs. Further, if the municipality hires an officer from another
jurisdiction and must train that individual the municipality should
not also have to reimburse the training costs of the prior employer.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to persons who
have successfully completed police training courses on or after such
effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5710--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 6, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal law, in  relation  to  the  calcu-
  lation of expenses of members of the police department and other peace
  officers in attending police training schools

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 72-c of the general municipal law,  as  amended  by
section  1  of subpart C of part C of chapter 97 of the laws of 2011, is
amended to read as follows:
  S 72-c. Expenses of members of the police department and  other  peace
officers  in  attending  police training schools. The board or body of a
county, city, town or village authorized to  appropriate  and  to  raise
money  by taxation and to make payments therefrom, is hereby authorized,
in its discretion, to appropriate and to raise money by taxation and  to
make  payments  from such moneys, for the annual expenses of the members
of the police department of such municipal corporation  in  attending  a
police  training  school,  as provided by the regulations of the depart-
ment, either within such municipal corporation or elsewhere  within  the
state;  and  for  the payment of reasonable expenses of such members and
other police officers or peace officers of the municipality while  going
to,  attending,  and  returning from any training school conducted by or
under the auspices of the federal bureau of investigation, whether with-
in or without the state. Notwithstanding any inconsistent  provision  of
any  general, special or local law to the contrary, whenever a member of
the police department  of  a  municipal  corporation,  EXCEPT  A  POLICE
DEPARTMENT OF A MUNICIPAL CORPORATION HAVING A POPULATION OF ONE MILLION
OR MORE, has attended a police training school, the expense of which was

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03341-10-4

S. 5710--A                          2

borne  by  such  municipal  corporation, terminates employment with such
municipal corporation and commences employment with any other  municipal
corporation,  EXCEPT  A  POLICE  DEPARTMENT  OF  A MUNICIPAL CORPORATION
HAVING  A POPULATION OF ONE MILLION OR MORE, or employer county sheriff,
such employer municipal corporation or  employer  county  sheriff  shall
reimburse  the  prior  employer  municipal  corporation, EXCEPT A POLICE
DEPARTMENT OF A MUNICIPAL CORPORATION HAVING A POPULATION OF ONE MILLION
OR MORE, for such expenses, including, salary, tuition, enrollment fees,
books, and the cost of transportation to and from  training  school,  as
follows:  on  a pro rata basis, to be calculated by subtracting from the
number of days in the three years following the  date  of  the  member's
graduation  from  police training school, the number of days between the
date of the member's graduation from training school and the date of the
termination of employment with the municipal corporation which paid  for
such  training,  and  multiplying the difference by the per diem cost of
such expenses, to be calculated by  dividing  the  total  cost  of  such
expenses  by the number of days in the three years following the date of
the member's graduation, if such  change  in  employment  occurs  within
three  years  of  such  member's graduation from police training school.
Provided, however, the employer municipal corporation or employer county
sheriff shall not be required to reimburse the prior employer  municipal
corporation  for  that portion of such expenses which is reimbursable by
the member to the prior employer municipal corporation under  the  terms
of  an  employment  or  labor agreement. Provided, further, however, the
employer municipal corporation or employer county sheriff shall  not  be
required  to reimburse the prior employer municipal corporation for such
basic training if such change in employment occurs after the  expiration
of  the  validity of the member's certificate attesting to the satisfac-
tory completion of an approved municipal police basic training program.
  S 2. This act shall take effect immediately.

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