senate Bill S4946B

Amended

Establishes the workers with disabilities tax credit program

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 01 / May / 2013
    • REFERRED TO LABOR
  • 21 / May / 2013
    • AMEND AND RECOMMIT TO LABOR
  • 21 / May / 2013
    • PRINT NUMBER 4946A
  • 03 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Oct / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 16 / Oct / 2013
    • PRINT NUMBER 4946B
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 15 / Jan / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 15 / Jan / 2014
    • PRINT NUMBER 4946C
  • 04 / Feb / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 04 / Feb / 2014
    • PRINT NUMBER 4946D

Summary

Establishes the workers with disabilities tax credit program; provides tax incentives to employers for employing individuals with developmental disabilities.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7387B
Versions:
S4946
S4946A
S4946B
S4946C
S4946D
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §25-b, Lab L; amd §§210 & 606, Tax L

Sponsor Memo

BILL NUMBER:S4946B

TITLE OF BILL: An act to amend the labor law and the tax law, in
relation to the creation of the workers with disabilities tax credit
program

SUMMARY OF PROVISIONS: Section 1 amends the labor law by adding a new
section 25-b which authorizes the commissioner to establish and
administer the workers with disabilities tax credit program to provide
tax incentives to employers for employing individuals with
developmental disabilities.

Section 2 amends section 210 of the Tax Law to add a new section 48,
workers with disabilities tax credit.

Section 3 amends section 606 of the Tax Law to add a new section (xx),
workers with disabilities tax credit.

Section 4 amends subparagraph (B) of paragraph 1 of subsection (i) of
section 606 of the Tax Law to add a new clause (xxxvii), workers with
disabilities tax credit.

Section 5 provides that this act shall take effect immediately.

PURPOSE AND JUSTIFICATION: When the minimum wage was recently raised
in the SFY 2013-2014 Budget, it was recognized that this increase
would adversely affect employment opportunities among young people,
and a tax credit was granted to employers who hired young people
between 18 and 20 years of age to offset this problem. The minimum
wage increase will similarly negatively affect employment
opportunities among the developmentally disabled, and this bill will
encourage employers to hire the developmentally disabled. In
addition, New York State has entered into an agreement with the
federal government to transform the OPWDD to place more
developmentally disabled individuals in jobs. This bill is an
effective way to advance this goal and create more employment
opportunities for these individuals.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: To be determined. The Commissioner is authorized
to allocate up to six million dollars in each of the four program
years for these tax credits.

EFFECTIVE DATE: Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4946--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the labor law and  the  tax  law,  in  relation  to  the
  creation of the workers with disabilities tax credit program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new  section  25-b  to
read as follows:
  S  25-B.  POWER TO ADMINISTER THE WORKERS WITH DISABILITIES TAX CREDIT
PROGRAM. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH AND  ADMINISTER
THE  WORKERS  WITH DISABILITIES TAX CREDIT PROGRAM TO PROVIDE TAX INCEN-
TIVES TO EMPLOYERS FOR EMPLOYING INDIVIDUALS WITH DEVELOPMENTAL DISABIL-
ITIES. THERE WILL BE FIVE DISTINCT POOLS OF TAX INCENTIVES. PROGRAM  ONE
WILL  COVER TAX INCENTIVES ALLOCATED FOR TWO THOUSAND FOURTEEN.  PROGRAM
TWO WILL COVER TAX INCENTIVES ALLOCATED IN TWO THOUSAND  FIFTEEN  TO  BE
USED  IN  TWO  THOUSAND  FIFTEEN AND TWO THOUSAND SIXTEEN. PROGRAM THREE
WILL COVER TAX INCENTIVES ALLOCATED IN TWO THOUSAND SIXTEEN TO  BE  USED
IN  TWO  THOUSAND  SIXTEEN AND TWO THOUSAND SEVENTEEN. PROGRAM FOUR WILL
COVER TAX INCENTIVES ALLOCATED IN TWO THOUSAND SEVENTEEN TO BE  USED  IN
TWO  THOUSAND  SEVENTEEN  AND  TWO  THOUSAND EIGHTEEN. PROGRAM FIVE WILL
COVER TAX INCENTIVES ALLOCATED IN TWO THOUSAND EIGHTEEN TO  BE  USED  IN
TWO  THOUSAND  EIGHTEEN  AND  TWO THOUSAND NINETEEN. THE COMMISSIONER IS
AUTHORIZED TO ALLOCATE UP TO SIX MILLION DOLLARS OF  TAX  CREDITS  UNDER
PROGRAM  ONE,  SIX MILLION DOLLARS OF TAX CREDITS UNDER PROGRAM TWO, SIX
MILLION DOLLARS OF TAX CREDITS UNDER  PROGRAM  THREE,  AND  SIX  MILLION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10299-06-3

S. 4946--B                          2

DOLLARS  OF  TAX  CREDITS UNDER PROGRAM FOUR, AND SIX MILLION DOLLARS OF
TAX CREDITS UNDER PROGRAM FIVE.
  (B)  DEFINITIONS.  (1) THE TERM "QUALIFIED EMPLOYER" MEANS AN EMPLOYER
THAT HAS BEEN CERTIFIED BY THE COMMISSIONER TO PARTICIPATE IN THE  WORK-
ERS  WITH  DISABILITIES  TAX CREDIT PROGRAM AND THAT EMPLOYS ONE OR MORE
QUALIFIED EMPLOYEES.
  (2) THE TERM "QUALIFIED EMPLOYEE" MEANS AN INDIVIDUAL:
  (I) WHO IS DEEMED TO HAVE A DEVELOPMENTAL DISABILITY, AS THAT TERM  IS
DEFINED  IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW AND WHO IS CERTIFIED BY THE EDUCATION DEPARTMENT OR THE  OFFICE  FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES:
  (A)  AS  A  PERSON WITH A DISABILITY WHICH CONSTITUTES OR RESULTS IN A
SUBSTANTIAL HANDICAP TO EMPLOYMENT; AND
  (B) AS A PERSON HAVING COMPLETED OR AS  RECEIVING  SERVICES  UNDER  AN
INDIVIDUALIZED  WRITTEN  REHABILITATION  PLAN  APPROVED BY THE EDUCATION
DEPARTMENT OR OTHER STATE AGENCY RESPONSIBLE  FOR  PROVIDING  VOCATIONAL
REHABILITATION SERVICES TO SUCH INDIVIDUAL; AND
  (II)  WHO IS UNEMPLOYED PRIOR TO BEING HIRED BY THE QUALIFIED EMPLOYER
BUT IS NOT RESTRICTED IN HIS OR HER EMPLOYMENT UNDER A FEDERAL OR  STATE
LAW, RULE OR REGULATION; AND
  (III) WHO WILL BE WORKING FOR THE QUALIFIED EMPLOYER IN A FULL-TIME OR
PART-TIME POSITION THAT PAYS WAGES THAT ARE EQUIVALENT TO THE WAGES PAID
FOR SIMILAR JOBS, WITH APPROPRIATE ADJUSTMENTS FOR EXPERIENCE AND TRAIN-
ING,  AND  FOR WHICH NO OTHER EMPLOYEE HAS BEEN TERMINATED, OR WHERE THE
EMPLOYER HAS NOT OTHERWISE REDUCED ITS WORKFORCE BY  INVOLUNTARY  TERMI-
NATIONS  WITH  THE  INTENTION  OF  FILLING THE VACANCY BY CREATING A NEW
HIRE.
  (C) A QUALIFIED EMPLOYER SHALL BE ENTITLED TO A TAX  CREDIT  EQUAL  TO
(1)  FIVE HUNDRED DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALI-
FIED EMPLOYEE THE EMPLOYER EMPLOYS IN A FULL-TIME JOB OF AT LEAST THIRTY
HOURS PER WEEK OR TWO HUNDRED FIFTY DOLLARS PER  MONTH  FOR  UP  TO  SIX
MONTHS  FOR  EACH QUALIFIED EMPLOYEE THE EMPLOYER EMPLOYS IN A PART-TIME
JOB OF AT LEAST FIFTEEN HOURS PER WEEK, AND (2) ONE THOUSAND DOLLARS FOR
EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED FOR AT LEAST AN  ADDITIONAL  SIX
MONTHS  BY  THE QUALIFIED EMPLOYER IN A FULL-TIME JOB OF AT LEAST THIRTY
HOURS PER WEEK OR FIVE HUNDRED DOLLARS FOR EACH QUALIFIED  EMPLOYEE  WHO
IS  EMPLOYED  FOR  AT  LEAST  AN  ADDITIONAL SIX MONTHS BY THE QUALIFIED
EMPLOYER IN A PART-TIME JOB OF AT LEAST FIFTEEN HOURS PER WEEK. THE  TAX
CREDITS  SHALL  BE  CLAIMED  BY  THE  QUALIFIED EMPLOYER AS SPECIFIED IN
SUBDIVISION FORTY-EIGHT OF SECTION TWO HUNDRED TEN AND  SUBSECTION  (XX)
OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
  (D)  TO  PARTICIPATE  IN THE DEVELOPMENTALLY DISABLED WORKS TAX CREDIT
PROGRAM, AN EMPLOYER MUST SUBMIT AN APPLICATION (IN A FORM PRESCRIBED BY
THE COMMISSIONER) TO THE COMMISSIONER NO LATER THAN NOVEMBER  THIRTIETH,
TWO THOUSAND FOURTEEN FOR PROGRAM ONE, AFTER JANUARY FIRST, TWO THOUSAND
FIFTEEN  BUT  NO LATER THAN NOVEMBER THIRTIETH, TWO THOUSAND FIFTEEN FOR
PROGRAM TWO, AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN BUT NO LATER THAN
NOVEMBER THIRTIETH, TWO THOUSAND SIXTEEN FOR PROGRAM THREE, AFTER  JANU-
ARY  FIRST, TWO THOUSAND SEVENTEEN BUT NO LATER THAN NOVEMBER THIRTIETH,
TWO THOUSAND SEVENTEEN FOR PROGRAM FOUR, AND AFTER  JANUARY  FIRST,  TWO
THOUSAND  EIGHTEEN  BUT  NO  LATER THAN NOVEMBER THIRTIETH, TWO THOUSAND
EIGHTEEN FOR PROGRAM FIVE. THE  QUALIFIED  EMPLOYEES  MUST  START  THEIR
EMPLOYMENT ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN BUT NO LATER
THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN FOR PROGRAM ONE, ON OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND FIFTEEN BUT NO LATER THAN DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN FOR PROGRAM TWO, ON OR AFTER  JANUARY

S. 4946--B                          3

FIRST, TWO THOUSAND SIXTEEN BUT NO LATER THAN DECEMBER THIRTY-FIRST, TWO
THOUSAND SIXTEEN FOR PROGRAM THREE, ON OR AFTER JANUARY FIRST, TWO THOU-
SAND  SEVENTEEN  BUT  NO  LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
SEVENTEEN  FOR PROGRAM FOUR, AND ON OR AFTER JANUARY FIRST, TWO THOUSAND
EIGHTEEN BUT NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND  EIGHTEEN
FOR PROGRAM FIVE. THE COMMISSIONER SHALL ESTABLISH GUIDELINES AND CRITE-
RIA  THAT  SPECIFY  REQUIREMENTS  FOR  EMPLOYERS  TO  PARTICIPATE IN THE
PROGRAM INCLUDING CRITERIA FOR CERTIFYING QUALIFIED EMPLOYEES. ANY REGU-
LATIONS THAT THE COMMISSIONER DETERMINES ARE NECESSARY MAY BE ADOPTED ON
AN EMERGENCY BASIS NOTWITHSTANDING ANYTHING TO THE CONTRARY  IN  SECTION
TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT. SUCH REQUIRE-
MENTS MAY INCLUDE THE TYPES OF INDUSTRIES THAT THE EMPLOYERS ARE ENGAGED
IN.  THE  COMMISSIONER MAY GIVE PREFERENCE TO EMPLOYERS THAT ARE ENGAGED
IN DEMAND OCCUPATIONS OR INDUSTRIES, OR IN REGIONAL GROWTH SECTORS, SUCH
AS CLEAN ENERGY, HEALTHCARE, ADVANCED MANUFACTURING AND CONSERVATION. IN
ADDITION, THE COMMISSIONER SHALL GIVE PREFERENCE TO EMPLOYERS WHO  OFFER
ADVANCEMENT AND EMPLOYEE BENEFIT PACKAGES TO THE QUALIFIED INDIVIDUALS.
  (E)  IF, AFTER REVIEWING THE APPLICATION SUBMITTED BY AN EMPLOYER, THE
COMMISSIONER DETERMINES THAT SUCH EMPLOYER IS ELIGIBLE TO PARTICIPATE IN
THE WORKERS WITH DISABILITIES TAX CREDIT PROGRAM, THE COMMISSIONER SHALL
ISSUE THE EMPLOYER A CERTIFICATE OF  ELIGIBILITY  THAT  ESTABLISHES  THE
EMPLOYER  AS  A QUALIFIED EMPLOYER. THE CERTIFICATE OF ELIGIBILITY SHALL
SPECIFY THE MAXIMUM AMOUNT OF WORKERS WITH DISABILITIES TAX CREDIT  THAT
THE EMPLOYER WILL BE ALLOWED TO CLAIM.
  S 2. Section 210 of the tax law is amended by adding a new subdivision
48 to read as follows:
  48. WORKERS WITH DISABILITIES TAX CREDIT. (A) A TAXPAYER THAT HAS BEEN
CERTIFIED  BY THE COMMISSIONER OF LABOR AS A QUALIFIED EMPLOYER PURSUANT
TO SECTION TWENTY-FIVE-B OF THE LABOR LAW  SHALL  BE  ALLOWED  A  CREDIT
AGAINST  THE  TAX  IMPOSED  BY  THIS  ARTICLE  EQUAL TO (I) FIVE HUNDRED
DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALIFIED  EMPLOYEE  THE
EMPLOYER EMPLOYS IN A FULL-TIME JOB OF AT LEAST THIRTY HOURS PER WEEK OR
TWO HUNDRED FIFTY DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALI-
FIED  EMPLOYEE  THE  EMPLOYER  EMPLOYS  IN  A  PART-TIME JOB OF AT LEAST
FIFTEEN HOURS PER WEEK, AND (II) ONE THOUSAND DOLLARS FOR EACH QUALIFIED
EMPLOYEE WHO IS EMPLOYED FOR AT LEAST AN ADDITIONAL SIX  MONTHS  BY  THE
QUALIFIED  EMPLOYER IN A FULL-TIME JOB OF AT LEAST THIRTY HOURS PER WEEK
OR FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED  FOR
AT  LEAST  AN  ADDITIONAL  SIX  MONTHS  BY  THE  QUALIFIED EMPLOYER IN A
PART-TIME JOB OF AT LEAST FIFTEEN HOURS PER WEEK. FOR PURPOSES  OF  THIS
SUBDIVISION,  THE  TERM "QUALIFIED EMPLOYEE" SHALL HAVE THE SAME MEANING
AS SET FORTH IN SUBDIVISION (B) OF SECTION TWENTY-FIVE-B  OF  THE  LABOR
LAW.  THE  PORTION  OF  THE  CREDIT DESCRIBED IN THIS PARAGRAPH SHALL BE
ALLOWED FOR THE TAXABLE YEAR BEGINNING ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND FOURTEEN.
  (B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
NOT  REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT PRESCRIBED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS  SECTION.  HOWEVER,  IF  THE
AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES  THE  TAX TO THAT AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
THAT TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER.  PROVIDED, HOWEVER, NO INTEREST WILL BE PAID
THEREON.
  (C) THE TAXPAYER MAY BE REQUIRED TO  ATTACH  TO  ITS  TAX  RETURN  ITS
CERTIFICATE  OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT

S. 4946--B                          4

TO SECTION TWENTY-FIVE-B OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
ER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT  LISTED  ON
THE  CERTIFICATE  OF ELIGIBILITY.  NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER  TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S DESIG-
NEES MAY RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER  CLAIMING  THIS
CREDIT  AND  THE  AMOUNT OF THE CREDIT EARNED BY THE TAXPAYER. PROVIDED,
HOWEVER, IF A TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A  MEMBER  OF  A
LIMITED LIABILITY COMPANY OR A PARTNER IN A PARTNERSHIP, ONLY THE AMOUNT
OF  CREDIT  EARNED BY THE ENTITY AND NOT THE AMOUNT OF CREDIT CLAIMED BY
THE TAXPAYER MAY BE RELEASED.
  S 3. Section 606 of the tax law is amended by adding a new  subsection
(xx) to read as follows:
  (XX)  WORKERS  WITH  DISABILITIES  TAX CREDIT. (1) A TAXPAYER THAT HAS
BEEN CERTIFIED BY THE COMMISSIONER OF  LABOR  AS  A  QUALIFIED  EMPLOYER
PURSUANT  TO  SECTION  TWENTY-FIVE-B OF THE LABOR LAW SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE EQUAL TO (A) FIVE HUNDRED
DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALIFIED  EMPLOYEE  THE
EMPLOYER EMPLOYS IN A FULL-TIME JOB OF AT LEAST THIRTY HOURS PER WEEK OR
TWO HUNDRED FIFTY DOLLARS PER MONTH FOR UP TO SIX MONTHS FOR EACH QUALI-
FIED  EMPLOYEE  THE  EMPLOYER  EMPLOYS  IN  A  PART-TIME JOB OF AT LEAST
FIFTEEN HOURS PER WEEK, AND (B) ONE THOUSAND DOLLARS FOR EACH  QUALIFIED
EMPLOYEE  WHO  IS  EMPLOYED FOR AT LEAST AN ADDITIONAL SIX MONTHS BY THE
QUALIFIED EMPLOYER IN A FULL-TIME JOB OF AT LEAST THIRTY HOURS PER  WEEK
OR  FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED FOR
AT LEAST AN ADDITIONAL  SIX  MONTHS  BY  THE  QUALIFIED  EMPLOYER  IN  A
PART-TIME  JOB  OF AT LEAST FIFTEEN HOURS PER WEEK. A TAXPAYER THAT IS A
PARTNER IN A PARTNERSHIP, MEMBER  OF  A  LIMITED  LIABILITY  COMPANY  OR
SHAREHOLDER  IN  AN S CORPORATION THAT HAS BEEN CERTIFIED BY THE COMMIS-
SIONER  OF  LABOR  AS  A  QUALIFIED   EMPLOYER   PURSUANT   TO   SECTION
TWENTY-FIVE-B  OF  THE  LABOR LAW SHALL BE ALLOWED ITS PRO RATA SHARE OF
THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR  S
CORPORATION.  FOR  PURPOSES  OF  THIS  SUBSECTION,  THE  TERM "QUALIFIED
EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION (B) OF
SECTION TWENTY-FIVE-B OF THE  LABOR  LAW.  THE  PORTION  OF  THE  CREDIT
DESCRIBED IN THIS PARAGRAPH SHALL BE ALLOWED FOR THE TAXABLE YEAR BEGIN-
NING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN.
  (2)  IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION EXCEEDS
THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, ANY AMOUNT OF CREDIT NOT DEDUC-
TIBLE IN THAT TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF  TAX  TO
BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED  EIGHTY-SIX OF THIS ARTICLE. PROVIDED, HOWEVER, NO INTEREST WILL
BE PAID THEREON.
  (3) THE TAXPAYER MAY BE REQUIRED TO  ATTACH  TO  ITS  TAX  RETURN  ITS
CERTIFICATE  OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
TO SECTION TWENTY-FIVE-B OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
ER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT  LISTED  ON
THE  CERTIFICATE  OF ELIGIBILITY.  NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S  DESIG-
NEES  MAY  RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING THIS
CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY  THE  TAXPAYER.  PROVIDED,
HOWEVER,  IF  A  TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A MEMBER OF A
LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP, OR A  SHAREHOLDER
IN  A  SUBCHAPTER S CORPORATION, ONLY THE AMOUNT OF CREDIT EARNED BY THE
ENTITY AND NOT THE AMOUNT OF CREDIT  CLAIMED  BY  THE  TAXPAYER  MAY  BE
RELEASED.

S. 4946--B                          5

  S  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause  (xxxvii)  to  read  as
follows:
(XXXVII) WORKERS WITH DISABILITIES   AMOUNT OF
TAX CREDIT UNDER SUBSECTION (XX)     CREDIT UNDER SUBDIVISION
                                     FORTY-EIGHT OF SECTION TWO
                                     HUNDRED TEN
  S 5. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.