senate Bill S1412A

2011-2012 Legislative Session

Relates to training expenses for police and peace officers

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2012 print number 1412a
amend and recommit to local government
Jan 04, 2012 referred to local government
Jan 07, 2011 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

S1412 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §72-c, Gen Muni L

S1412 - Bill Texts

view summary

Relates to training expenses for police and peace officers.

view sponsor memo
BILL NUMBER:S1412

TITLE OF BILL:
An act
to amend the general municipal law, in relation to training expenses for
police and peace officers

PURPOSE:
This bill would amend section 72-c of the General Municipal Law to
expand the opportunity for smaller municipalities to recover expenses
associated with training police officers or peace officers when such
an individual has been hired by some other law enforcement agency and
was trained within the last three years.

SUMMARY OF PROVISIONS:
Section one provides that a municipality with a population of 10,000
or less may seek a pro-rated share of the costs for police officer
training expenses, from any law enforcement agency within the State,
when a recently trained police officer is hired by such agency.

EXISTING LAW:
Current law allows a reimbursement request to be made to a successive
employer, but the scope of potential reimbursement is restricted to
either a municipal corporation or a sheriff that may have hired
someone recently trained by a municipality with a population of less
than 10,000.

JUSTIFICATION:
The cost of the training of a police officer is a financial investment
that a municipality makes in expectation of some years of service
from the officer. When a recently trained police officer leaves for a
position with a new law enforcement agency, it represents a financial
loss to the municipality who trained that officer. It is especially
costly to small municipalities since the costs represent a larger
percentage of their overall budget. This bill would allow
municipalities with a population of under 10,000 to seek
reimbursement for training expenses from any law enforcement agency
within New York State that might hire a police officer trained within
the last three years.

LEGISLATIVE HISTORY:
2007-08: S.524 -Referred to Local Government
2006: S.478A - Referred to Local Government
2005: S.478A - Advanced to Third Reading Calendar
2004: S.6681 - Advanced to Third Reading Calendar

FISCAL IMPLICATIONS:
Nominal for the State. This bill represents an expansion of the
opportunity for local governments to secure a reimbursement from any
law enforcement agency that might choose to hire a recently trained
municipal police officer or peace officer. Should a New York State
law enforcement agency choose to exercise its discretion to hire a
recently trained municipal police officer or peace officer, such an
agency would be responsible to reimburse a pro-rated share of the
cost of training expenses incurred by the former municipal employer.


LOCAL FISCAL IMPLICATIONS:
Cost savings assumed by local governments.

EFFECTIVE DATE:
Immediately.

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

                                  1412

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general  municipal  law,  in  relation  to  training
  expenses for police and peace officers

  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
chapter 229 of the laws of 1992, 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, having a population of
ten  thousand  or  less,  has  attended  a [police] training school, the
expense of which was borne by  such  municipal  corporation,  terminates
employment with such municipal corporation and commences employment with
any  other  [municipal  corporation  or  employer  county  sheriff]  LAW
ENFORCEMENT AGENCY WITHIN  NEW  YORK  STATE,  such  employer  [municipal
corporation  or  employer  county  sheriff]  shall  reimburse the [prior
employer] municipal corporation, having a population of ten thousand  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05303-01-1

S. 1412                             2

less,  THAT  FORMERLY  EMPLOYED  THE POLICE OFFICER OR PEACE OFFICER 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  termi-
nation  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 coun-
ty  sheriff] A LAW ENFORCEMENT AGENCY shall not be required to reimburse
the prior employer [municipal corporation]  for  that  portion  of  such
expenses  which  [is]  MAY BE reimbursable by the member to [the] HIS OR
HER prior employer [municipal corporation] under the terms of an employ-
ment 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] NO  REIMBURSEMENT
SHALL  BE  REQUIRED for such basic training if such change in employment
occurs after the expiration of the validity of the member's  certificate
attesting  to  the  satisfactory  completion  of  an approved [municipal
police] basic training program.
  S 2. This act shall take effect immediately.

S1412A (ACTIVE) - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §72-c, Gen Muni L

S1412A (ACTIVE) - Bill Texts

view summary

Relates to training expenses for police and peace officers.

view sponsor memo
BILL NUMBER:S1412A

TITLE OF BILL:
An act
to amend the general municipal law, in relation to training expenses for
police and peace officers

PURPOSE:
This bill would amend section 72-c of the General Municipal Law to
expand the opportunity for smaller municipalities to recover expenses
associated with training police officers or peace officers when such
an individual has been hired by some other law enforcement agency and
was trained within the last three years.

SUMMARY OF PROVISIONS:
Section one provides that a municipality with a population of 10,000
or less may seek a pro-rated share of the costs for police officer
training expenses, from any law enforcement agency within the State,
when a recently trained police officer is hired by such agency.

EXISTING LAW:
Current law allows a reimbursement request to be made to a successive
employer, but the scope of potential reimbursement is restricted to
either a municipal corporation or a sheriff that may have hired
someone recently trained by a municipality with a population of less
than 10,000.

JUSTIFICATION:
The cost of the training of a police officer is a financial investment
that a municipality makes in expectation of some years of service
from the officer. When a recently trained police officer leaves for a
position with a new law enforcement agency, it represents a financial
loss to the municipality who trained that officer. It is especially
costly to small municipalities since the costs represent a larger
percentage of their overall budget. This bill would allow
municipalities with a population of under 10,000 to seek
reimbursement for training expenses from any law enforcement agency
within New York State that might hire a police officer trained within
the last three years.
LEGISLATIVE HISTORY:
2007-08: S.524 - Referred to Local Government
2006: S.478A - Referred to Local Government
2005: S.478A - Advanced to Third Reading Calendar
2004: S.6681 - Advanced to Third Reading Calendar

FISCAL IMPLICATIONS:
Nominal for the State. This bill represents an expansion of the
opportunity for local governments to secure a reimbursement from any
law enforcement agency that might choose to hire a recently trained
municipal police officer or peace officer. Should a New York State
law enforcement agency choose to exercise its discretion to hire a
recently trained municipal police officer or peace officer, such an
agency would be responsible to reimburse a pro-rated share of the
cost of training expenses incurred by the former municipal employer.

LOCAL FISCAL IMPLICATIONS:


Cost savings assumed by local governments.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1412--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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  training
  expenses for police and peace officers

  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 has attended a [police]
training school, the expense of which was borne by such municipal corpo-
ration,  terminates  employment  with  such  municipal  corporation  and
commences  employment  with any other [municipal corporation or employer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05303-02-2

S. 1412--A                          2

county sheriff] LAW ENFORCEMENT  AGENCY  WITHIN  NEW  YORK  STATE,  such
employer  [municipal corporation or employer county sheriff] shall reim-
burse the [prior employer] municipal corporation THAT FORMERLY  EMPLOYED
THE  POLICE OFFICER OR PEACE OFFICER for such expenses, including, sala-
ry, tuition, enrollment fees, books, and the cost of  transportation  to
and  from training school, as follows: on a pro rata basis, to be calcu-
lated by subtracting from the number of days in the three years  follow-
ing 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 employ-
ment occurs within three years of such member's graduation from [police]
training school. Provided, however, [the employer municipal  corporation
or  employer  county  sheriff]  A  LAW  ENFORCEMENT  AGENCY shall not be
required to reimburse the prior  employer  [municipal  corporation]  for
that  portion  of  such  expenses  which [is] MAY BE reimbursable by the
member to [the] HIS OR HER 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 corpo-
ration] NO REIMBURSEMENT SHALL BE REQUIRED for such  basic  training  if
such change in employment occurs after the expiration of the validity of
the  member's certificate attesting to the satisfactory completion of an
approved [municipal police] basic training program.
  S 2. This act shall take effect immediately.

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