Bill Text: NY S02076 | 2017-2018 | General Assembly | Amended


Bill Title: Establishes a tax credit for employment of an individual who has successfully completed a judicial diversion substance abuse treatment program or graduated from drug court.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S02076 Detail]

Download: New_York-2017-S02076-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2076--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 12, 2017
                                       ___________
        Introduced  by  Sens.  SEWARD,  AKSHAR, AMEDORE, MURPHY, O'MARA, ORTT --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Investigations and Government Operations -- recommit-
          ted  to  the  Committee on Investigations and Government Operations in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        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 53 to read as follows:
     3    53. 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04785-03-8

        S. 2076--A                          2
     1  section.  If, however, the amount of credits allowed under this subdivi-
     2  sion for any taxable year reduces the tax to such amount, any amount  of
     3  credit  thus  not deductible in such taxable year shall be treated as an
     4  overpayment  of  tax  to  be credited or refunded in accordance with the
     5  provisions of section one thousand eighty-six of this chapter. Provided,
     6  however, the provisions of subsection (c) of section one thousand eight-
     7  y-eight of this chapter notwithstanding, no interest shall be paid ther-
     8  eon.
     9    § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    10  of  the  tax  law  is  amended  by adding a new clause (xliv) to read as
    11  follows:
    12    (xliv) Employment of individuals    Amount of credit
    13    who have graduated from             under subdivision
    14    drug court or have                  fifty-three of section
    15    successfully completed              two hundred ten-B
    16    a judicial diversion program
    17    tax credit under
    18    subsection (ccc)
    19    § 3. Section 606 of the tax law is amended by adding a new  subsection
    20  (ccc) to read as follows:
    21    (ccc) Tax credit for employment of individuals who have graduated from
    22  drug  court or have successfully completed a judicial diversion program.
    23  (1) Allowance of credit. A taxpayer shall be allowed  a  credit,  to  be
    24  computed  as  provided  in  this subdivision, against the tax imposed by
    25  this article, if it employs an individual who has  graduated  from  drug
    26  court  or  who  has  successfully completed a judicial diversion program
    27  pursuant to article two hundred sixteen of the criminal  procedure  law,
    28  provided  that such individual is employed for thirty-five hours or more
    29  per week and remains in the employ of such taxpayer for twelve months.
    30    (2) Amount of credit. A credit authorized by this section shall  equal
    31  three  thousand  dollars  per  hired  individual  for  the first year of
    32  employment and an additional one  thousand  dollars  if  the  individual
    33  remains in employ for an additional twelve months.
    34    (3)  Application  of  credit. The credit allowed under this subsection
    35  for any taxable year shall not reduce the tax due for such year to  less
    36  than  the  higher  of the amount prescribed in paragraphs (c) and (d) of
    37  subdivision one of section two hundred  ten-B  of  this  chapter.    If,
    38  however,  the  amount  of credits allowed under this subdivision for any
    39  taxable year reduces the tax to such amount, any amount of  credit  thus
    40  not  deductible  in such taxable year shall be treated as an overpayment
    41  of tax to be credited or refunded in accordance with the  provisions  of
    42  section  one thousand eighty-six of this chapter. Provided, however, the
    43  provisions of subsection (c) of section  one  thousand  eighty-eight  of
    44  this chapter notwithstanding, no interest shall be paid thereon.
    45    § 4. This act shall take effect immediately and shall apply to taxable
    46  years  beginning  on  and after January 1, 2019 and shall apply to those
    47  employees hired after this act shall take effect.
feedback