S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6264--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2017
                                ___________
 
 Introduced  by  M. of A. HIKIND, ORTIZ, SEPULVEDA, M. G. MILLER, GJONAJ,
   HARRIS, COLTON, HOOPER, DICKENS, RIVERA, COOK, SIMANOWITZ,  McDONOUGH,
   MOSLEY,  BLAKE, RAIA, CRESPO -- Multi-Sponsored by -- M. of A. ABBATE,
   RA -- read once and referred to the Committee on  Ways  and  Means  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the tax law, in relation to establishment  of  a  credit
   for the purchase and installation of a security camera system on resi-
   dential-, commercial- and non-profit owned properties in cities having
   a population of one million or more persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The tax law is amended by adding a new section 43  to  read
 as follows:
   § 43. CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY CAMERA SYSTEM
 ON PROPERTY LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
 PERSONS.    (A)  ALLOWANCE OF CREDIT. A PROPERTY OWNER WHO IS SUBJECT TO
 TAX UNDER ARTICLES NINE, NINE-A, TWENTY-TWO, THIRTY-TWO OR  THIRTY-THREE
 OF THIS CHAPTER, SHALL BE ALLOWED A ONE-TIME CREDIT AGAINST SUCH TAX FOR
 THE PURCHASE AND INSTALLATION OF A QUALIFIED SECURITY CAMERA SYSTEM ON A
 PROPERTY  LOCATED  IN  A CITY HAVING A POPULATION OF ONE MILLION OR MORE
 PERSONS.  THE AMOUNT OF SUCH CREDIT SHALL BE FIVE HUNDRED DOLLARS.   THE
 CREDIT  SHALL BE ALLOWABLE FOR OWNERS OF RESIDENTIAL OR COMMERCIAL PROP-
 ERTIES AND FOR PROPERTY OWNERS INCORPORATED PURSUANT TO THE TERMS OF THE
 NOT-FOR-PROFIT CORPORATION LAW.   A PROPERTY  OWNER  CLAIMING  A  CREDIT
 AGAINST  TAX  AS  PROVIDED IN THIS SECTION MAY CLAIM IT AGAINST TAX OWED
 UNDER ONLY ONE ARTICLE OF THIS CHAPTER.
   (B) DEFINITIONS. THE TERM "QUALIFIED  SECURITY  CAMERA  SYSTEM"  MEANS
 EXPENDITURES  FOR  THE  PURCHASE OF A CAMERA SYSTEM, MATERIALS AND LABOR
 COSTS PROPERLY ALLOCABLE TO ON-SITE PREPARATION, ASSEMBLY  AND  ORIGINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00184-03-7
              

 A. 6264--A                          2
 
 INSTALLATION. SUCH CAMERA SYSTEM SHALL BE CAPABLE OF RECORDING AND STOR-
 ING CAMERA FOOTAGE FOR UP TO FORTY-EIGHT HOURS.
   (C)  WHEN  CREDIT  ALLOWED.  THE  CREDIT  PROVIDED FOR HEREIN SHALL BE
 ALLOWED WITH RESPECT TO THE TAXABLE YEAR COMMENCING IN WHICH THE SECURI-
 TY CAMERA SYSTEM IS INSTALLED.
   (D) 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.
   §  2. Section 606 of the tax law is amended by adding a new subsection
 (v) to read as follows:
   (V) CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY  CAMERA  SYSTEM
 ON  RESIDENTIAL  PROPERTY  LOCATED  IN A CITY HAVING A POPULATION OF ONE
 MILLION OR MORE PERSONS.  (1) ALLOWANCE OF CREDIT.  A TAXPAYER WHO IS  A
 HOMEOWNER  SHALL BE ALLOWED A ONE-TIME CREDIT FOR PURCHASE AND INSTALLA-
 TION OF A SECURITY CAMERA SYSTEM ON A RESIDENTIAL PROPERTY OWNED BY SUCH
 TAXPAYER AND LOCATED IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE  PERSONS, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-THREE OF THIS
 CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (2) 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.
   §  3.  The tax law is amended by adding a new section 187-t to read as
 follows:
   § 187-T. CREDIT FOR PURCHASE AND INSTALLATION  OF  A  SECURITY  CAMERA
 SYSTEM  ON PROPERTY LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION
 OR MORE PERSONS.  1. ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED  A
 CREDIT,  TO BE COMPUTED AS PROVIDED IN SECTION FORTY-THREE THIS CHAPTER,
 AGAINST THE TAXES IMPOSED BY  SECTIONS  ONE  HUNDRED  EIGHTY-THREE,  ONE
 HUNDRED  EIGHTY-FOUR  AND  ONE  HUNDRED  EIGHTY-FIVE  OF  THIS  ARTICLE.
 PROVIDED, HOWEVER, THAT THE AMOUNT OF SUCH CREDIT ALLOWABLE AGAINST  THE
 TAX  IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF THIS ARTICLE SHALL BE
 THE EXCESS OF THE AMOUNT OF SUCH CREDIT OVER THE AMOUNT  OF  ANY  CREDIT
 ALLOWED  BY  THIS SECTION AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED
 EIGHTY-THREE OF THIS ARTICLE.
   2. APPLICATION OF CREDIT. IN NO EVENT  SHALL  THE  CREDIT  UNDER  THIS
 SECTION  BE  ALLOWED  IN  AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO
 LESS THAN THE APPLICABLE MINIMUM TAX FIXED BY SECTION ONE HUNDRED EIGHT-
 Y-THREE OR ONE HUNDRED EIGHTY-FIVE OF THIS  ARTICLE.  IF,  HOWEVER,  THE
 AMOUNT  OF  CREDIT  ALLOWABLE  UNDER  THIS  SECTION FOR ANY TAXABLE YEAR
 REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT  DEDUCTIBLE  IN
 SUCH  TAXABLE  YEAR  SHALL  BE  TREATED  AS  AN OVERPAYMENT OF TAX TO BE
 REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION  ONE  THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   §  4. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 52 to read as follows:
   52. CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY  CAMERA  SYSTEM
 ON PROPERTY LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
 PERSONS.  (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT,

 A. 6264--A                          3
 
 TO  BE COMPUTED AS PROVIDED IN SUBDIVISION (A) OF SECTION FORTY-THREE OF
 THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (B)  APPLICATION  OF  CREDIT.  IN NO EVENT SHALL THE CREDIT UNDER THIS
 SECTION BE ALLOWED IN AN AMOUNT WHICH WILL REDUCE THE TAX TO  LESS  THAN
 THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION ONE OF THIS
 SECTION. IF, HOWEVER, THE AMOUNT OF CREDIT ALLOWED  UNDER  THIS  SECTION
 FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CRED-
 IT  NOT  DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAY-
 MENT OF TAX TO BE REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF  SECTION
 ONE  THOUSAND  EIGHTY-SIX  OF  THIS  CHAPTER,  PROVIDED HOWEVER, THAT NO
 INTEREST SHALL BE PAID THEREON.
   § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended by adding a new clause (xliii) to read as
 follows:
 (XLIII) CREDIT FOR PURCHASE          AMOUNT OF CREDIT UNDER
 AND TAX INSTALLATION OF A            SECTION FORTY-THREE
 SECURITY CAMERA SYSTEM UNDER
 SUBSECTION (V)
   § 6. Section 1511 of the tax law is amended by adding a  new  subdivi-
 sion (dd) to read as follows:
   (DD)  CREDIT FOR PURCHASE AND INSTALLATION OF A SECURITY CAMERA SYSTEM
 ON PROPERTY LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
 PERSONS.  (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT,
 TO BE COMPUTED AS PROVIDED  IN  SECTION  FORTY-THREE  OF  THIS  CHAPTER,
 AGAINST THE TAXES IMPOSED BY THIS ARTICLE.
   (2)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  MINIMUM FIXED BY PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION
 FIFTEEN HUNDRED TWO OF THIS ARTICLE. HOWEVER, IF THE AMOUNT  OF  CREDITS
 ALLOWED  UNDER  THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
 SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE  IN  SUCH  TAXABLE
 YEAR  SHALL  BE  TREATED  AS  AN  OVERPAYMENT  OF  TAX TO BE CREDITED OR
 REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION  ONE  THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.    PROVIDED,  HOWEVER,  THE PROVISIONS OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 7. This act shall take effect January 1, 2018; provided, however, if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after January 1, 2018.