Senate Bill S5710A

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

                                  5710

                       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

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-
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.
                                                           LBD03341-03-3
              

S. 5710                             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,
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.