NY State Senate Bill 2015-S6879

Senate Bill S6879

2015-2016 Legislative Session

Relates to security in a place of entertainment and to the establishment of a matching grant program and tax credit

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2016	referred to consumer protection

2015-S6879 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Ren Art 40 §§900 & 901 to be Art 41 §§1000 & 1001, add Art 40 §§900 & 901, Gen Bus L; amd §§210-B & 606, Tax L
Versions Introduced in 2017-2018 Legislative Session:: S1402

2015-S6879 (ACTIVE) - Summary

Relates to security in a place of entertainment and to the establishment of a matching grant program and tax credit; requires the owner or operator of a place of entertainment to install metal detectors or have registered security guards use metal detecting wands at all entrances; establishes a matching grant program that would provide applicants with up to fifty percent of initial costs, up to five thousand dollars, in installing detectors and purchasing wands; establishes a tax credit for the hiring and retention of security guards for one year.

2015-S6879 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6879

 TITLE OF BILL :

An act to amend the general business law, in relation to security in a
place of entertainment and to the establishment of a matching grant
program; and to amend the tax law, in relation to establishing a tax
credit for owners and operators of a place of entertainment

 PURPOSE :

Requires owners or operators of places of entertainment to install
metal detectors or employ at least two security guards to operate
metal detecting wands at all entrances and creates a matching grant
and/or a tax credit for those

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the general business law by adding a new
article 40, "Security in a Place of Entertainment. Section 900,
subdivision 1 defines a "place of entertainment" as a privately owned,
leased, or operated enclosed shopping mall or other location that has
a permanent maximum aggregate seating capacity of five hundred
persons, including but not limited to a theater, indoor stadium or
arena or other place where motion pictures, performances, concerts,
athletic games or contests are held for which an entry fee is charged.

Subdivision 2 requires the owner or operator of a place of
entertainment to install metal detectors or employ at least two
security guards to operate metal detecting wands. Subdivision 3 states
that owners or operators may qualify for a matching grant pursuant to
section 901 of this article and/or a tax credit pursuant to sections
210b and 606 of the tax law.

Section 901, subdivision 1 creates a matching grant program to provide
owners and operators with matching funds for the initial costs
associated with the installation of metal detectors or the purchase of
metal detecting wands. Eligible applicants may receive a maximum of 50
percent of their initial costs per unit, up to a maximum of $5,000
from the state. Such funds shall only be available to an owner or
operator one time. Subdivision 2 states that the commissioner of the
division of homeland security and emergency services shall establish
additional criteria for the awarding of grants.

Section 2 of this bill amends section 210-b of the tax law by adding a
new subdivision 49 to create a credit for owners or operator of a
place of entertainment. Paragraph (a) states the allowance of the
credit. Paragraph (b) states when the credit is allowed. Paragraph (c)
requires proof of claim. Paragraph (d) allows for the carrying over of
credit.

Section 3 of this bill amends section 606 of the tax law by adding a
new subsection (ccc) to create a credit for owners or operators of a
place of entertainment similar to section 2 of this bill.

Section 4 of this bill states that this act shall take effect
immediately.

 JUSTIFICATION :

In light of horrific events that have occurred across the country in
places of entertainment, such as shopping malls and move theaters, it
is clear that there is a lack of adequate safety measures being used
to screen customers for possible hidden firearms. This legislation
would require private owners and operator of places of entertainment
to implement additional safety checks that would help prevent future
tragedies in New York State. The bill allows owners or operators to
chose between the use of traditional metal detectors or metal
detecting wands and creates a matching grant and/or tax credit to help
with the implantation cost.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6879 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6879

                            I N  S E N A T E

                              March 3, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to security  in  a
  place  of  entertainment  and to the establishment of a matching grant
  program; and to amend the tax law, in relation to establishing  a  tax
  credit for owners and operators of a place of entertainment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 40 and sections 900 and 901 of the general business
law, as renumbered by chapter 407 of the laws of  1973,  are  renumbered
article  41  and sections 1000 and 1001, respectively, and a new article
40 is added to read as follows:
                               ARTICLE 40
                  SECURITY IN A PLACE OF ENTERTAINMENT
SECTION 900. SECURITY IN A PLACE OF ENTERTAINMENT.
        901. MATCHING GRANT PROGRAM.
  S 900. SECURITY IN A PLACE  OF  ENTERTAINMENT.  1.  AS  USED  IN  THIS
SECTION,  "PLACE  OF ENTERTAINMENT" MEANS ANY PRIVATELY OWNED, LEASED OR
OPERATED ENCLOSED SHOPPING MALL OR ANY PRIVATELY OWNED, LEASED OR  OPER-
ATED LOCATION THAT HAS A PERMANENT MAXIMUM AGGREGATE SEATING CAPACITY OF
FIVE  HUNDRED  PERSONS  INCLUDING  BUT  NOT LIMITED TO A THEATER, INDOOR
STADIUM OR ARENA OR OTHER PLACE  WHERE  MOTION  PICTURES,  PERFORMANCES,
CONCERTS,  ATHLETIC GAMES OR CONTESTS ARE HELD FOR WHICH AN ENTRY FEE IS
CHARGED.
  2. THE OWNER OR OPERATOR OF A PLACE OF ENTERTAINMENT SHALL BE REQUIRED
TO INSTALL METAL DETECTORS OR  EMPLOY  AT  LEAST  TWO  SECURITY  GUARDS,
REGISTERED PURSUANT TO ARTICLE SEVEN-A OF THIS CHAPTER, TO OPERATE METAL
DETECTING WANDS AT ALL ENTRANCES TO A PLACE OF ENTERTAINMENT.
  3.  OWNERS  OR OPERATORS OF A PLACE OF ENTERTAINMENT MAY QUALIFY FOR A
MATCHING GRANT PURSUANT TO SECTION NINE  HUNDRED  ONE  OF  THIS  ARTICLE
AND/OR  A  TAX  CREDIT  PURSUANT  TO  SECTIONS TWO HUNDRED TEN-B AND SIX
HUNDRED SIX OF THE TAX LAW.
  S 901. MATCHING GRANT PROGRAM. 1. THERE IS  HEREBY  ESTABLISHED  UNDER
THE JURISDICTION OF THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11816-04-5

S. 6879                             2

TY AND EMERGENCY SERVICES A MATCHING GRANT PROGRAM TO PROVIDE OWNERS AND
OPERATORS OF PLACES OF ENTERTAINMENT, AS DEFINED IN SECTION NINE HUNDRED
OF  THIS  ARTICLE,  WITH MATCHING FUNDS FOR THE INITIAL COSTS ASSOCIATED
WITH  THE  INSTALLATION  OF  METAL  DETECTORS  OR  THE PURCHASE OF METAL
DETECTING WANDS. AN ELIGIBLE APPLICANT MAY RECEIVE A  MAXIMUM  OF  FIFTY
PERCENT  OF ITS INITIAL COSTS PER UNIT, UP TO A MAXIMUM OF FIVE THOUSAND
DOLLARS, IN MATCHING FUNDS FROM THE STATE.  SUCH  MATCHING  FUNDS  SHALL
ONLY BE AVAILABLE TO AN OWNER OR OPERATOR ONE TIME.
  2. THE COMMISSIONER SHALL ESTABLISH ADDITIONAL CRITERIA FOR THE AWARD-
ING OF GRANTS PROVIDED FOR IN THIS SECTION.
  S  2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
  49. CREDIT FOR OWNERS OR OPERATORS OF A PLACE  OF  ENTERTAINMENT.  (A)
ALLOWANCE  OF CREDIT. A TAXPAYER THAT IS AN OWNER OR OPERATOR OF A PLACE
OF ENTERTAINMENT WHO HIRES AND RETAINS NEW SECURITY GUARDS FOR A  PERIOD
OF  AT  LEAST  ONE  YEAR PURSUANT TO SECTION NINE HUNDRED OF THE GENERAL
BUSINESS LAW SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED  BY  THIS
ARTICLE.  THE  AMOUNT  OF  THE  CREDIT SHALL BE TEN PERCENT OF THE FIRST
NEWLY HIRED AND RETAINED SECURITY GUARD'S SALARY.
  (B) WHEN CREDIT ALLOWED. THE CREDIT PROVIDED FOR IN  THIS  SUBDIVISION
SHALL  ONLY  BE  ALLOWED  WITH RESPECT TO THE TAXABLE YEAR COMMENCING IN
WHICH THE FIRST NEW SECURITY GUARD HAS BEEN RETAINED FOR ONE YEAR.
  (C) PROOF OF CLAIM. THE COMMISSIONER MAY REQUIRE A QUALIFIED  TAXPAYER
TO FURNISH PROOF OF THE SECURITY GUARD'S HIRING AND RETENTION IN SUPPORT
OF HIS OR HER CLAIM FOR CREDIT UNDER THIS SUBDIVISION.
  (D)  CARRYOVER  OF CREDIT. IF THE AMOUNT OF THE CREDIT, AND CARRYOVERS
OF SUCH CREDIT, ALLOWABLE UNDER THIS SUBDIVISION FOR  ANY  TAXABLE  YEAR
SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
CARRIED  OVER  TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE TAXABLE YEAR
WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 3. Section 606 of the tax law is amended by adding a new  subsection
(ccc) to read as follows:
  (CCC)  CREDIT FOR OWNERS OR OPERATORS OF A PLACE OF ENTERTAINMENT. (1)
ALLOWANCE OF CREDIT.  A TAXPAYER THAT IS AN OWNER OR OPERATOR OF A PLACE
OF ENTERTAINMENT WHO HIRES AND RETAINS NEW SECURITY GUARDS FOR A  PERIOD
OF  AT  LEAST  ONE  YEAR PURSUANT TO SECTION NINE HUNDRED OF THE GENERAL
BUSINESS LAW SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED  BY  THIS
ARTICLE.  THE  AMOUNT  OF  THE CREDIT SHALL BE FIVE THOUSAND DOLLARS PER
NEWLY HIRED AND RETAINED SECURITY GUARD.
  (2) THE CREDIT PROVIDED FOR IN THIS SUBDIVISION SHALL BE ALLOWED  WITH
RESPECT TO THE TAXABLE YEAR COMMENCING IN WHICH A NEW SECURITY GUARD HAS
BEEN RETAINED FOR ONE YEAR.
  (3)  PROOF OF CLAIM. THE COMMISSIONER MAY REQUIRE A QUALIFIED TAXPAYER
TO FURNISH PROOF OF THE SECURITY GUARD'S HIRING AND RETENTION IN SUPPORT
OF HIS OR HER CLAIM FOR CREDIT UNDER THIS SUBDIVISION.
  (4) CARRYOVER OF CREDIT. IF THE AMOUNT OF THE CREDIT,  AND  CARRYOVERS
OF  SUCH  CREDIT,  ALLOWABLE  UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR
SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
CARRIED OVER TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE  TAXABLE  YEAR
WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.