S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1215
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation to creating a  tax  credit  for
   taxpayers  who  donate  equipment or materials to first responder live
   training programs

   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 26-a to read
 as follows:
   § 26-A. FIRST RESPONDER LIVE TRAINING CREDIT. (A) ALLOWANCE OF CREDIT.
 A  TAXPAYER SUBJECT TO TAX UNDER ARTICLES NINE, NINE-A, OR TWENTY-TWO OF
 THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST  SUCH  TAX  PROVIDED  THE
 TAXPAYER DONATES EQUIPMENT OR MATERIALS TO FIRST RESPONDER LIVE TRAINING
 PROGRAMS.
   (B)  VALUE  OF CREDIT. THE CREDIT SHALL BE EQUAL TO THE RESIDUAL VALUE
 OF THE ITEMS AS DETERMINED BY GENERALLY ACCEPTED ACCOUNTING  PRINCIPLES,
 NOT TO EXCEED THREE THOUSAND DOLLARS PER TAX YEAR.
   (C)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1)  "FIRST  RESPONDER"  SHALL  MEAN  LOCAL  POLICE,  FIRE,  EMERGENCY
 SERVICES, AND HOSPITAL OR CLINICAL STAFF; AND
   (2) "LIVE TRAINING PROGRAM" SHALL MEAN ANY TRAINING PROGRAM OR SESSION
 AT  LEAST  HALF  OF WHICH IS SCENARIO BASED AND TAKES PLACE OUTSIDE OF A
 CLASSROOM SETTING.
   (D)  REQUIRED  DOCUMENTATION.  THE  TAXPAYER  MUST  SUBMIT  SUFFICIENT
 DOCUMENTATION  TO  ALLOW RESIDUAL VALUE OF THE DONATION TO BE DETERMINED
 TO THE SATISFACTION OF THE COMMISSIONER. THE TAXPAYER MUST  ALSO  SUBMIT
 PROOF THAT THE DONATED ITEMS WERE DESIRED BY THE ORGANIZATION SPONSORING
 THE RELEVANT TRAINING PROGRAM, AND THAT SUCH TRAINING PROGRAMS DID ACTU-
 ALLY OCCUR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01476-01-9

 S. 1215                             2
 
   (E)  WHEN  CREDIT  ALLOWED. THE CREDIT PROVIDED FOR IN SUBDIVISION (A)
 SHALL BE ALLOWED FOR ANY TAXABLE YEAR IN WHICH COSTS RELATING TO  DONAT-
 ING OR TRANSPORTING EQUIPMENT OR MATERIALS ARE PAID ARE INCURRED.
   (F) DESTRUCTION OF DONATED MATERIALS. NOTHING IN THIS SECTION SHALL BE
 INTERPRETED  TO PRECLUDE DONATED ITEMS OR MATERIALS FROM, WITH AGREEMENT
 OF THE RELEVANT SPONSORING ORGANIZATION, BEING MOVED TO A WRECKING  YARD
 AFTER  THE TRAINING PROGRAM HAS CONCLUDED; HOWEVER, THIS MUST BE DONE AT
 THE EXPENSE OF THE ORIGINAL OWNER OR AT  THE  EXPENSE  OF  THE  WRECKING
 YARD.
   (G)  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).
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 commissioner of taxation and finance, in consultation with  the  commis-
 sioner  of health, is authorized and directed to promulgate any rules or
 regulations necessary for the implementation of this act on  its  effec-
 tive date.