Senate Bill S199

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    199
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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  appropri-
   ation of funds for the training of firefighters

   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:
   § 72-c. Expenses of members of the police department, THE FIRE DEPART-
 MENT and other peace officers in attending police OR FIREFIGHTER  train-
 ing  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 appro-
 priate 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, AND
 FOR THE ANNUAL EXPENSES OF THE MEMBERS OF THE FIRE  DEPARTMENT  OF  SUCH
 MUNICIPAL CORPORATION IN ATTENDANCE IN A FIREFIGHTER TRAINING SCHOOL, as
 provided by the regulations of the department, either within such munic-
 ipal  corporation  or elsewhere within the state; and for the payment of
 reasonable expenses of such members  and  other  police  officers  [or],
 peace  officers  OR  FIREFIGHTERS  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, OR, IN THE CASE OF
 FIREFIGHTERS, UNDER THE AUSPICES  OF  THE  APPROPRIATE  ENTITY,  whether
 within  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, OR A MEMBER OF THE FIRE DEPARTMENT OF A  MUNICI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02725-01-9

 S. 199                              2
 
 PAL  CORPORATION HAS ATTENDED A FIREFIGHTER 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  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 OR FIREFIGHTER 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 gradu-
 ation from police OR FIREFIGHTER 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 OR FIREFIGHTER basic training program.
   § 2. This act shall take effect immediately.