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S07050 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7050
 
                    IN SENATE
 
                                       (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:
 
     1    Section 1. Section 72-c of the general municipal law,  as  amended  by
     2  section  1  of subpart C of part C of chapter 97 of the laws of 2011, is
     3  amended to read as follows:
     4    § 72-c. Expenses of members of the police department, the fire depart-
     5  ment and other peace officers in attending police or firefighter  train-
     6  ing  schools.  The  board  or  body  of  a county, city, town or village
     7  authorized to appropriate and to raise money by  taxation  and  to  make
     8  payments  therefrom,  is hereby authorized, in its discretion, to appro-
     9  priate and to raise money by taxation and to  make  payments  from  such
    10  moneys,  for the annual expenses of the members of the police department
    11  of such municipal corporation in attending a police training school, and
    12  for the annual expenses of the members of the fire  department  of  such
    13  municipal corporation in attendance in a firefighter training school, as
    14  provided by the regulations of the department, either within such munic-
    15  ipal  corporation  or elsewhere within the state; and for the payment of
    16  reasonable expenses of such members  and  other  police  officers  [or],
    17  peace  officers  or  firefighters  of  the  municipality while going to,
    18  attending, and returning from any training school conducted by or  under
    19  the  auspices of the federal bureau of investigation, or, in the case of
    20  firefighters, under the auspices  of  the  appropriate  entity,  whether
    21  within  or without the state. Notwithstanding any inconsistent provision
    22  of any general, special or local law to the contrary, whenever a  member
    23  of  the  police  department  of  a  municipal corporation has attended a
    24  police training school, or a member of the fire department of a  munici-
    25  pal  corporation has attended a firefighter training school, the expense
    26  of which was borne by such municipal corporation, terminates  employment
    27  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
 
     1  municipal corporation or employer county sheriff, such employer  munici-
     2  pal  corporation  or  employer  county sheriff shall reimburse the prior
     3  employer municipal corporation for  such  expenses,  including,  salary,
     4  tuition,  enrollment  fees, books, and the cost of transportation to and
     5  from training school, as follows: on a pro rata basis, to be  calculated
     6  by  subtracting from the number of days in the three years following the
     7  date of the member's graduation  from  police  or  firefighter  training
     8  school,  the  number of days between the date of the member's graduation
     9  from training school and the date of the termination of employment  with
    10  the  municipal corporation which paid for such training, and multiplying
    11  the difference by the per diem cost of such expenses, to  be  calculated
    12  by dividing the total cost of such expenses by the number of days in the
    13  three  years  following  the  date  of  the member's graduation, if such
    14  change in employment occurs within three years of such  member's  gradu-
    15  ation from police or firefighter training school. Provided, however, the
    16  employer  municipal  corporation or employer county sheriff shall not be
    17  required to reimburse the prior employer municipal corporation for  that
    18  portion  of  such  expenses  which  is reimbursable by the member to the
    19  prior employer municipal corporation under the terms of an employment or
    20  labor agreement. Provided,  further,  however,  the  employer  municipal
    21  corporation  or  employer  county sheriff shall not be required to reim-
    22  burse the prior employer municipal corporation for such  basic  training
    23  if such change in employment occurs after the expiration of the validity
    24  of  the member's certificate attesting to the satisfactory completion of
    25  an approved municipal police or firefighter basic training program.
    26    § 2. This act shall take effect immediately.
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