STATE OF NEW YORK ________________________________________________________________________ 10526 IN ASSEMBLY May 31, 2016 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to a tax credit for employment of an individual who has successfully completed a judicial diversion program or graduated from a drug court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 210-B of the tax law is amended by adding a new 2 subdivision 49 to read as follows: 3 49. Credit for employment of individuals who have graduated from drug 4 court or have successfully completed a judicial diversion program. (a) 5 Allowance of credit. A taxpayer shall be allowed a credit, to be 6 computed as provided in this subdivision, against the tax imposed by 7 this article, if it employs an individual who has graduated from drug 8 court or has successfully completed a judicial diversion program pursu- 9 ant to article two hundred sixteen of the criminal procedure law, 10 provided that such individual is employed for thirty-five hours or more 11 per week and remains in the employ of such taxpayer for a minimum of 12 twelve months. 13 (b) Amount of credit. A credit authorized by this section shall equal 14 three thousand dollars per hired individual for the first year of 15 employment and an additional one thousand dollars if the individual 16 remains in employ for an additional twelve months. 17 (c) Application of credit. The credit allowed under this subdivision 18 for any taxable year shall not reduce the tax due for such year to less 19 than the amount prescribed in paragraph (d) of subdivision one of this 20 section. If, however, the amount of credits allowed under this subdivi- 21 sion for any taxable year reduces the tax to such amount, any amount of 22 credit thus not deductible in such taxable year shall be treated as an 23 overpayment of tax to be credited or refunded in accordance with the 24 provisions of section one thousand eighty-six of this chapter. Provided, 25 however, the provisions of subsection (c) of section one thousand eight- 26 y-eight of this chapter notwithstanding, no interest shall be paid ther- 27 eon. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06934-02-6A. 10526 2 1 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 2 of the tax law is amended by adding a new clause (xliii) to read as 3 follows: 4 (xliii) Employment of individuals Amount of credit 5 who have graduated from under subdivision 6 drug court or have forty-nine of section 7 successfully completed two hundred ten-B 8 a judicial diversion program 9 tax credit under 10 subsection (ccc) 11 § 3. Section 606 of the tax law is amended by adding a new subsection 12 (ccc) to read as follows: 13 (ccc) Tax credit for employment of individuals who have graduated from 14 drug court or have successfully completed a judicial diversion program. 15 (1) Allowance of credit. A taxpayer shall be allowed a credit, to be 16 computed as provided in this subdivision, against the tax imposed by 17 this article, if it employs an individual who has graduated from drug 18 court or who has successfully completed a judicial diversion program 19 pursuant to article two hundred sixteen of the criminal procedure law, 20 provided that such individual is employed for thirty-five hours or more 21 per week and remains in the employ of such taxpayer for twelve months. 22 (2) Amount of credit. A credit authorized by this section shall equal 23 three thousand dollars per hired individual for the first year of 24 employment and an additional one thousand dollars if the individual 25 remains in employ for an additional twelve months. 26 (3) Application of credit. The credit allowed under this subsection 27 for any taxable year shall not reduce the tax due for such year to less 28 than the higher of the amount prescribed in paragraphs (c) and (d) of 29 subdivision one of section two hundred ten-B of this chapter. If, 30 however, the amount of credits allowed under this subdivision for any 31 taxable year reduces the tax to such amount, any amount of credit thus 32 not deductible in such taxable year shall be treated as an overpayment 33 of tax to be credited or refunded in accordance with the provisions of 34 section one thousand eighty-six of this chapter. Provided, however, the 35 provisions of subsection (c) of section one thousand eighty-eight of 36 this chapter notwithstanding, no interest shall be paid thereon. 37 § 4. This act shall take effect immediately and shall be deemed to 38 have been in full force and effect on the same date as part A of chapter 39 59 of the laws of 2014 took effect and shall apply to taxable years 40 beginning on and after January 1, 2016 and shall apply to those employ- 41 ees hired after this act shall take effect.