Assembly Bill A10792

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

                                  10792

                          I N  A S S E M B L Y

                              June 19, 2012
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Schimel) --
  read once and referred to the Committee 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
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

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

                                                           LBD16278-01-2

A. 10792                            2

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.