Security training tax credit

Official textnysenate.govlast amended Sep 22, 2014

§ 26. Security training tax credit. (a) Allowance of credit. A taxpayer, which is subject to tax under article nine, nine-A, twenty-two or thirty-three of this chapter and which is a qualified building owner, shall be allowed a credit against such tax. The amount of the credit allowed under this section shall equal the sum of the number of qualified security officers providing protection to a building or buildings owned by the taxpayer multiplied by three thousand dollars.
Provided, however, that in the case of a worker not so employed for a full year, such amount shall be prorated to reflect the length of such employment under regulations of the commissioner.
(b) Definitions. As used in this section, the following terms shall have the following meanings:

# (1)

"Qualified building owner" means a building owner whose building entrances, exits and common areas are protected by security personnel, licensed under article seven-A of the general business law, whether or not such security personnel are employed directly by the building owner or indirectly through a contractor.

# (2)

"Qualified security training program" means a program for residential and commercial building security officers which is designed to: improve observation, detection and reporting skills, improve coordination with local police, fire and emergency services; provide and improve skills and working knowledge of advanced security technology including surveillance systems and access control procedures; require at least forty hours of training including three hours of training devoted to terrorism awareness; and has been certified as a qualified program and approved by the state office of homeland security pursuant to section seven hundred nine of the executive law.

# (3)

"Security officers" means security officers, registered under article seven-A of the general business law, responsible for the safety and security of tenants and occupants of commercial buildings over five hundred thousand square feet whether employed directly by a building owner or indirectly through a contractor.

# (4)

"Qualified security officers" are security officers who: (i) are employed in positions which are under a legally binding written agreement, including a service contract between qualified building owners and security contractors, enforceable by employees, that provides for a minimum hourly wage rate of at least nine dollars fifty cents for the calendar year two thousand five; nine dollars eighty-five cents for the calendar year two thousand six; and ten dollars eighty-five cents for the calendar year two thousand seven and thereafter; and (ii) have completed a qualified security training program as set forth in this section.
(c) Scope of credit. The credit provided for in subdivision (a) of this section shall be allowed for any taxable year in which costs relating to security personnel are paid or incurred.
(d) Credit certification. Upon application by a taxpayer, the state office of homeland security may issue a credit certification where the taxpayers meet the standards established in paragraph two of this subdivision and have demonstrated that they have provided the appropriate training, or, within the year, will provide the appropriate training to all employees for whom they will claim the credit.
(e) The director of the office of homeland security in consultation with the commissioner of taxation and finance, shall promulgate rules and regulations necessary to implement this program.
(f) Cross-references. For application of the credit provided for in this section, see the following provisions of this chapter:
(1) article 9: section 187-n.
(2) article 9-A: section 210-B: subdivision 21.
(3) article 22: section 606: subsection (ii).
(4) article 33: section 1511: subdivision (x).

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