Assembly Bill A1924E

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

                                  1924

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the general municipal law, in  relation  to  the  calcu-
  lation  of  expenses  of members of the police department 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 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
county sheriff, such employer municipal corporation or  employer  county

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

                                                           LBD03341-01-3

A. 1924                             2

sheriff  shall  reimburse  the  prior employer municipal corporation 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] EIGHTEEN MONTHS 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] EIGHTEEN MONTHS
following the date of the member's graduation, if such change in employ-
ment occurs within [three years] EIGHTEEN MONTHS of such member's gradu-
ation 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  corpo-
ration 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  satisfactory completion of an
approved municipal police basic training program.    PROVIDED,  HOWEVER,
THAT  ANY CHALLENGE OR DISPUTE ARISING OUT OF THE CALCULATIONS DESCRIBED
HEREIN, SHALL BE MEDIATED BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
UPON  NOTIFICATION  OF EITHER EMPLOYER, WITHIN NINETY DAYS OF RECEIPT OF
THE DETERMINATION OF COSTS PROVIDED BY THE PREVIOUS EMPLOYER.  PROVIDED,
HOWEVER,  THAT  THE  EMPLOYER  MUNICIPAL  CORPORATION OR EMPLOYER COUNTY
SHERIFF SHALL NOT BE REQUIRED TO REIMBURSE THE PRIOR EMPLOYER  MUNICIPAL
CORPORATION OR EMPLOYER COUNTY SHERIFF IF SUCH EMPLOYEE ATTENDS A POLICE
TRAINING  SCHOOL,  AS  DESCRIBED  HEREIN,  AT THE EXPENSE OF THE CURRENT
EMPLOYER MUNICIPAL CORPORATION OR EMPLOYER COUNTY SHERIFF.
  S 2. This act shall take effect immediately.

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

                                 1924--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMEL,  MONTESANO,  COOK  -- read once and
  referred  to  the  Committee  on  Local   Governments   --   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 and disputes  over  such
  calculations

  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-

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

                                                           LBD03341-02-3

A. 1924--A                          2

ration,  terminates  employment  with  such  municipal  corporation  and
commences employment with any other municipal  corporation  or  employer
county  sheriff,  such employer municipal corporation or employer county
sheriff  shall  reimburse  the  prior employer municipal corporation 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] EIGHTEEN MONTHS 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] EIGHTEEN MONTHS
following the date of the member's graduation, if such change in employ-
ment occurs within [three years] EIGHTEEN MONTHS of such member's gradu-
ation 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  corpo-
ration 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  satisfactory completion of an
approved municipal police basic training program.    PROVIDED,  HOWEVER,
ANY CHALLENGE OR DISPUTE ARISING OUT OF THE CALCULATIONS DESCRIBED HERE-
IN  SHALL  BE MEDIATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES UPON
NOTIFICATION OF EITHER EMPLOYER, WITHIN NINETY DAYS OF  RECEIPT  OF  THE
DETERMINATION  OF  COSTS  PROVIDED  BY  THE PREVIOUS EMPLOYER. PROVIDED,
HOWEVER, THE EMPLOYER MUNICIPAL CORPORATION OR EMPLOYER  COUNTY  SHERIFF
SHALL  NOT  BE REQUIRED TO REIMBURSE THE PRIOR EMPLOYER MUNICIPAL CORPO-
RATION OR EMPLOYER COUNTY SHERIFF IF  SUCH  EMPLOYEE  ATTENDS  A  POLICE
TRAINING  SCHOOL,  AS  DESCRIBED  HEREIN,  AT THE EXPENSE OF THE CURRENT
EMPLOYER MUNICIPAL CORPORATION OR EMPLOYER COUNTY SHERIFF.
  S 2. This act shall take effect immediately.

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

                                 1924--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMEL,  MONTESANO,  COOK  -- read once and
  referred  to  the  Committee  on  Local   Governments   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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 and disputes over such
  calculations

  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

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

                                                           LBD03341-04-3

A. 1924--B                          2

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
county  sheriff,  such employer municipal corporation or employer county
sheriff shall reimburse the prior  employer  municipal  corporation  for
such  expenses,  including,  [salary,]  tuition,  enrollment  fees,  AND
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] FOR  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].  IF  such  change  in  employment
occurs within three years of such member's graduation from police train-
ing  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  corpo-
ration  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 attest-
ing to the satisfactory completion of an approved municipal police basic
training  program.   PROVIDED, HOWEVER, ANY CHALLENGE OR DISPUTE ARISING
OUT OF THE CALCULATIONS DESCRIBED HEREIN SHALL BE MEDIATED BY THE  DIVI-
SION  OF CRIMINAL JUSTICE SERVICES UPON NOTIFICATION OF EITHER EMPLOYER,
WITHIN NINETY DAYS OF RECEIPT OF THE DETERMINATION OF COSTS PROVIDED  BY
THE PREVIOUS EMPLOYER.
  S 2. This act shall take effect immediately.

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

                                 1924--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMEL,  MONTESANO,  COOK  -- read once and
  referred  to  the  Committee  on  Local   Governments   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3,  sec. 2 -- 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 and disputes over such
  calculations

  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-

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

                                                           LBD03341-06-4

A. 1924--C                          2

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
ONE  MILLION 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, such employer  munici-
pal  corporation  or  employer  county sheriff shall reimburse the prior
employer municipal corporation, HAVING A POPULATION OF  ONE  MILLION  OR
LESS,  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.

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

                                 1924--D

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. SCHIMEL, MONTESANO, COOK, CAMARA -- read once and
  referred   to   the   Committee  on  Local  Governments  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Local Governments in accordance with Assembly Rule
  3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted 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

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

                                                           LBD03341-07-4

A. 1924--D                          2

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
borne by such municipal corporation,  terminates  employment  with  such
municipal  corporation and commences employment with any other municipal
corporation or employer county sheriff, such employer  municipal  corpo-
ration  or  employer  county  sheriff shall reimburse the prior employer
municipal corporation, EXCEPT A POLICE DEPARTMENT OF A MUNICIPAL  CORPO-
RATION  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  gradu-
ation,  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 reim-
burse 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 satisfactory completion of
an approved municipal police basic training program.
  S 2. This act shall take effect immediately.