§ 26 — Security training tax credit

§ 26. Security training tax credit. (a) Allowance of credit. A\ntaxpayer, which is subject to tax under article nine, nine-A, twenty-two\nor thirty-three of this chapter and which is a qualified building owner,\nshall be allowed a credit against such tax. The amount of the credit\nallowed under this section shall equal the sum of the number of\nqualified security officers providing protection to a building or\nbuildings owned by the taxpayer multiplied by three thousand dollars.\nProvided, however, that in the case of a worker not so employed for a\nfull year, such amount shall be prorated to reflect the length of such\nemployment under regulations of the commissioner.\n (b) Definitions. As used in this section, the following terms shall\nhave the following meanings:\n (1) "Qualified building owner" means a building owner whose building\nentrances, exits and common areas are protected by security personnel,\nlicensed under article seven-A of the general business law, whether or\nnot such security personnel are employed directly by the building owner\nor indirectly through a contractor.\n (2) "Qualified security training program" means a program for\nresidential and commercial building security officers which is designed\nto: improve observation, detection and reporting skills, improve\ncoordination with local police, fire and emergency services; provide and\nimprove skills and working knowledge of advanced security technology\nincluding surveillance systems and access control procedures; require at\nleast forty hours of training including three hours of training devoted\nto terrorism awareness; and has been certified as a qualified program\nand approved by the state office of homeland security pursuant to\nsection seven hundred nine of the executive law.\n (3) "Security officers" means security officers, registered under\narticle seven-A of the general business law, responsible for the safety\nand security of tenants and occupants of commercial buildings over five\nhundred thousand square feet whether employed directly by a building\nowner or indirectly through a contractor.\n (4) "Qualified security officers" are security officers who: (i) are\nemployed in positions which are under a legally binding written\nagreement, including a service contract between qualified building\nowners and security contractors, enforceable by employees, that provides\nfor a minimum hourly wage rate of at least nine dollars fifty cents for\nthe calendar year two thousand five; nine dollars eighty-five cents for\nthe calendar year two thousand six; and ten dollars eighty-five cents\nfor the calendar year two thousand seven and thereafter; and (ii) have\ncompleted a qualified security training program as set forth in this\nsection.\n (c) Scope of credit. The credit provided for in subdivision (a) of\nthis section shall be allowed for any taxable year in which costs\nrelating to security personnel are paid or incurred.\n (d) Credit certification. Upon application by a taxpayer, the state\noffice of homeland security may issue a credit certification where the\ntaxpayers meet the standards established in paragraph two of this\nsubdivision and have demonstrated that they have provided the\nappropriate training, or, within the year, will provide the appropriate\ntraining to all employees for whom they will claim the credit.\n (e) The director of the office of homeland security in consultation\nwith the commissioner of taxation and finance, shall promulgate rules\nand regulations necessary to implement this program.\n (f) Cross-references. For application of the credit provided for in\nthis section, see the following provisions of this chapter:\n (1) article 9: section 187-n.\n (2) article 9-A: section 210-B: subdivision 21.\n (3) article 22: section 606: subsection (ii).\n (4) article 33: section 1511: subdivision (x).\n