S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7050
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 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-
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13328-01-7

 S. 7050                             2
 
 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.