NY State Senate Bill 2025-S2489

Senate Bill S2489

2025-2026 Legislative Session

Designates restaurants as qualified businesses for the purposes of the commercial security tax credit program

download bill text pdf

Current Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2025	referred to codes

2025-S2489 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §845-e, Exec L

2025-S2489 (ACTIVE) - Summary

Designates restaurants as qualified businesses for the purposes of the commercial security tax credit program.

2025-S2489 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2489

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the executive law, in relation to designating restau-
rants as qualified businesses for the purposes of the commercial securi-
ty tax credit program

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow restaurants to join the Commercial Security Tax Credit Program
and obtain a tax credit for costs incurred with theft prevention meas-
ures.

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law to allow restaurants to qualify for
the Commercial Security Tax Credit Program that is administered by the
Division of Criminal Justice Services (DCJS). To be accepted into the
Program, the restaurant must employ 50 or less people and operate one or
more physical locations in the state. They must be able to prove they

have incurred qualified theft prevention expenses in the taxable year
for which the credit is sought. For businesses employing 25 or less
people, the expenses must exceed $4,000 at one location, and for busi-
nesses employing between 26 to 50 people, the expenses must exceed
$6,000 at one location.  Once accepted into the program and issued a tax
certificate, the restaurant is eligible for a $3,000 tax credit for each
location.

Eligible expenses include:

* security guards registered under the state's Security Guard Act;

* security cameras;

* substantial interior or exterior locking or other hardening measures;

* alarm systems (including "panic alarms");

* access control systems;

* exterior,license plate reader (LPR) technology: and

* other appropriate anti-theft devices.

 
JUSTIFICATION:

In April 2024, the State budget enacted a Commercial Security Tax Credit
Program to be administered by DCJS. The Program was established for
qualifying retail businesses. However, there are many restaurants who
could also benefit from this program. Restaurants all across NYS are
suffering from theft. By expanding this program to eligible restaurants,
it will not only help the business but it will ensure the patrons who go
to the restaurants feel more safe.

 
PRIOR LEGISLATIVE HISTORY:

New
 
FISCAL IMPLICATIONS:;

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
beginning on or after January 1, 2025.

2025-S2489 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2489
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation  to  designating  restau-
   rants as qualified businesses for the purposes of the commercial secu-
   rity tax credit program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (b), (c) and (d) of subdivision 1, paragraph (b)
 of subdivision 2, and paragraph (a) of subdivision 5 of section 845-e of
 the executive law, as added by section 1 of part E of chapter 59 of  the
 laws of 2024, are amended to read as follows:
   (b)  "Qualified  business"  means a business with fifty or fewer total
 employees that operates one or more physical retail OR RESTAURANT  busi-
 ness  locations  open  to the public in New York state that incurs costs
 related to protection  against  retail  OR  RESTAURANT  theft  of  goods
 through retail OR RESTAURANT theft prevention measures.
   (c) "Qualified retail OR RESTAURANT theft prevention measure expenses"
 means  any  combination of retail OR RESTAURANT theft prevention measure
 costs paid or incurred by a qualified business during the  taxable  year
 that  cumulatively exceed four thousand dollars for a qualified business
 with twenty-five or fewer total employees or six thousand dollars for  a
 qualified  business  with  more  than twenty-five employees for each New
 York retail OR RESTAURANT location.
   (d) "Retail OR RESTAURANT theft prevention measure" means (i) the  use
 of  security  officers  as defined in paragraph (e) of this subdivision,
 (ii) security cameras, (iii) perimeter security lighting, (iv)  interior
 or  exterior  locking  or  hardening  measures,  (v) alarm systems, (vi)
 access control systems, or (vii) other appropriate anti-theft devices as
 determined by the division to be eligible under this section.
   (b) have qualified  retail  OR  RESTAURANT  theft  prevention  measure
 expenses that exceed four thousand dollars for a qualified business with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06668-01-5

 S. 2489                             2
 
 twenty-five or fewer total employees or six thousand dollars for a qual-
 ified  business  with  more than twenty-five employees for each New York
 retail OR RESTAURANT location during the taxable year;
   (a)  For  taxable years beginning on or after January first, two thou-
 sand twenty-four and before January first, two  thousand  twenty-six,  a
 business entity in the commercial security tax credit program that meets
 the  eligibility  requirements of subdivision two of this section may be
 eligible to claim a credit equal to  three  thousand  dollars  for  each
 retail OR RESTAURANT location of the business entity located in New York
 state.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2025.

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