A2709

An Act concerning reimbursement for certain police training, designated as the Police Training Cost Recovery Act, and amending P.L.2005, c.75.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2005, c.75 (C.40A:14-178.1) is amended to read as follows:

1. a. If a person appointed as a Class Two special resigns or refuses reappointment after serving less than 30 days with the municipality that incurred the costs of examining, training and initially hiring him and, within 120 days of that resignation, accepts an appointment as a Class Two special or full-time law enforcement officer with another municipal law enforcement agency, that appointing municipality shall be liable to the officer's former municipal employer for the total certified costs incurred by the former employer in the examination, hiring, and training of the officer.

b. If a person appointed as a Class Two special resigns or refuses reappointment after serving less than two years with the municipality that incurred the costs of examining, training and initially hiring him and, within 120 days of that resignation or refusal of reappointment, accepts an appointment as a Class Two special or full-time law enforcement officer with another municipal law enforcement agency, that appointing municipality shall be liable to the officer's former municipal employer for one-half of the total certified costs incurred by the former employer in the examination, hiring, and training of the officer.

c. Upon the appointment of a Class Two special or full-time law enforcement officer subject to the provisions of this act, the appointing municipal law enforcement agency shall notify the officer's former employer immediately upon appointment and shall reimburse the former employer within 120 days of the receipt of the certified costs.

d. As used in this act:

"Class Two special" means a special law enforcement officer, appointed pursuant to P.L.1985, c.439 (C.40A:14-146.8 et seq.), who is authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time law enforcement officer.

"Examination costs" means and includes, but is not limited to, the costs of all qualifying examinations and the public advertisements for these examinations;

“Law enforcement officer” means a person who is empowered to act for the detection, apprehension, arrest, conviction, detention, or rehabilitation of persons in violation of the law; and

"Training costs" means the police training course fees and the base salary, if any, received while attending the police training course, as required by P.L.1961, c.56 (C.52:17B-66 et seq.) and P.L.1985, c.439 (C.40A:14-146.8 et seq.).

(cf: P.L.2005, c.75, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill, designated as the “Police Training Cost Recovery Act,” requires municipal law enforcement agencies to reimburse the former municipal employer of Class Two special law enforcement officers under certain circumstances.

Under the bill, a municipality is required to reimburse the former municipal employer of a Class Two special law enforcement officer the total cost of training that officer, provided: 1) the Class Two special law enforcement officer resigns or refuses reappointment after serving less than 30 days with a former employer that incurred the costs of training and hiring; and 2) within 120 days the officer accepts an appointment as a Class Two special or full-time law enforcement officer with another municipal law enforcement agency.

In addition, a municipality is required to reimburse the former municipal employer of a Class Two special law enforcement officer one-half the cost of training that officer, provided: 1) the Class Two special law enforcement officer resigns or refuses reappointment after serving less than two years with a former employer that incurred the costs of training and hiring; and 2) within 120 days the officer accepts an appointment as a Class Two special law or full-time law enforcement officer with another municipal law enforcement agency.

The bill provides that upon the appointment of a Class Two special or full-time law enforcement officer, the appointing municipal law enforcement agency is required to notify the officer's former employer immediately and to reimburse the former employer within 120 days of receiving the certified costs.

Under current law, a municipal law enforcement agency is only required to reimburse the former municipal employer of a Class Two special law enforcement officer upon appointing the officer as a Class Two special. This bill expands the reimbursement responsibility of a hiring municipal law enforcement agency to require reimbursement of a former municipal employer upon appointing the officer as either a Class Two special or full-time law enforcement officer.