senate Bill S5710A

2013-2014 Legislative Session

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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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2014 print number 5710a
amend (t) and recommit to local government
Jan 08, 2014 referred to local government
Jun 06, 2013 referred to local government

Bill Amendments

Original
A (Active)
Original
A (Active)

S5710 - Bill Details

See Assembly Version of this Bill:
A1924E
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §72-c, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A10792

S5710 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5710

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 and disputes
over such calculations

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.

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                    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.

Co-Sponsors

S5710A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1924E
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §72-c, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A10792

S5710A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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