S1412-2011 Actions

• Jan 10, 2012: PRINT NUMBER 1412A
• Jan 10, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 7, 2011: REFERRED TO LOCAL GOVERNMENT

S1412-2011 Memo

BILL NUMBER:S1412

TITLE OF BILL:
An act
to amend the general municipal law, in relation to training expenses for
police and peace officers

PURPOSE:
This bill would amend section 72-c of the General Municipal Law to
expand the opportunity for smaller municipalities to recover expenses
associated with training police officers or peace officers when such
an individual has been hired by some other law enforcement agency and
was trained within the last three years.

SUMMARY OF PROVISIONS:
Section one provides that a municipality with a population of 10,000
or less may seek a pro-rated share of the costs for police officer
training expenses, from any law enforcement agency within the State,
when a recently trained police officer is hired by such agency.

EXISTING LAW:
Current law allows a reimbursement request to be made to a successive
employer, but the scope of potential reimbursement is restricted to
either a municipal corporation or a sheriff that may have hired
someone recently trained by a municipality with a population of less
than 10,000.

JUSTIFICATION:
The cost of the training of a police officer is a financial investment
that a municipality makes in expectation of some years of service
from the officer. When a recently trained police officer leaves for a
position with a new law enforcement agency, it represents a financial
loss to the municipality who trained that officer. It is especially
costly to small municipalities since the costs represent a larger
percentage of their overall budget. This bill would allow
municipalities with a population of under 10,000 to seek
reimbursement for training expenses from any law enforcement agency
within New York State that might hire a police officer trained within
the last three years.

LEGISLATIVE HISTORY:
2007-08: S.524 -Referred to Local Government
2006:      S.478A - Referred to Local Government
2005:      S.478A - Advanced to Third Reading Calendar
2004:      S.6681 - Advanced to Third Reading Calendar

 FISCAL IMPLICATIONS:
Nominal for the State. This bill represents an expansion of the
opportunity for local governments to secure a reimbursement from any
law enforcement agency that might choose to hire a recently trained
municipal police officer or peace officer. Should a New York State
law enforcement agency choose to exercise its discretion to hire a
recently trained municipal police officer or peace officer, such an
agency would be responsible to reimburse a pro-rated share of the
cost of training expenses incurred by the former municipal employer.


LOCAL FISCAL IMPLICATIONS:
Cost savings assumed by local governments.

EFFECTIVE DATE:
Immediately.

S1412-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1412
 2011-2012 Regular Sessions
 I N  SENATE
 January 7, 2011
 
 Introduced  by  Sen.  SALAND -- 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  training
 expenses for police and peace officers
 

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
 chapter 229 of the laws of 1992, 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, having a population of
 ten  thousand  or  less,  has  attended  a [police] 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]  LAW
 ENFORCEMENT AGENCY WITHIN  NEW  YORK  STATE,  such  employer  [municipal
 corporation  or  employer  county  sheriff]  shall  reimburse the [prior
 employer] municipal corporation, having a population of ten thousand  or
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05303-01-1
 
       S. 1412                             2
 less,  THAT  FORMERLY  EMPLOYED  THE POLICE OFFICER OR PEACE OFFICER 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  termi
 nation  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 coun-
 ty  sheriff] A LAW ENFORCEMENT AGENCY shall not be required to reimburse
 the prior employer [municipal corporation]  for  that  portion  of  such
 expenses  which  [is]  MAY BE reimbursable by the member to [the] HIS OR
 HER prior employer [municipal corporation] under the terms of an employ
 ment 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] NO  REIMBURSEMENT
 SHALL  BE  REQUIRED 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.
 

S 2. This act shall take effect immediately.

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