Relates to training expenses for police and peace officers.
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.
STATE OF NEW YORK ________________________________________________________________________ 1412--A 2011-2012 Regular Sessions IN 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 -- 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 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 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 employerLAW ENFORCEMENT AGENCY WITHIN NEW YORK STATE, such employerEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05303-02-2 S. 1412--A 2
[municipal corporation or employer county sheriff]shall reim- burse the [prior employer]municipal corporation THAT FORMERLY EMPLOYED THE POLICE OFFICER OR PEACE OFFICER for such expenses, including, sala- ry, tuition, enrollment fees, books, and the cost of transportation to and from training school, as follows: on a pro rata basis, to be calcu- lated by subtracting from the number of days in the three years follow- ing 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 employ- ment occurs within three years of such member's graduation from [police]training school. Provided, however, [the employer municipal corporation or employer county 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 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 corpo- ration]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.