senate Bill S4946D

Establishes the workers with disabilities tax credit program

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Bill Status


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

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Bill Details

See Assembly Version of this Bill:
A8492B
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:S4946D

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 adminis-
ter 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 re-letter subsections
(yy) and (zz) to subsections (yyy) and (zzz) and 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 (xxxvi), workers with
disabilities tax credit.

Section 5 provides that this act shall take effect immediately.

PURPOSE AND JUSTIFICATION: Recent determinations by the federal govern-
ment appear to force the closing of many sheltered workshops for the
developmentally disabled in New York because they will no longer be
eligible for Medicaid assistance. In addition, under a condition of a
recent agreement with the federal government, pursuant to which New York
received $600 million, the state is required to place an additional 700
people with developmental disabilities in jobs. This bill will help to
create new employment opportunities for those who were working in shel-
tered workshops as well as to meet the state commitment to increase job
placement.

In addition, 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 grant-
ed 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.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 4946--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER,  GALLIVAN  -- 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 commit-
  tee and committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- recommitted to the Committee on Labor in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 IN TWO THOUSAND FOURTEEN TO BE USED
IN TWO THOUSAND FOURTEEN AND TWO THOUSAND FIFTEEN.    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 INCEN-
TIVES ALLOCATED IN TWO THOUSAND SEVENTEEN TO BE  USED  IN  TWO  THOUSAND
SEVENTEEN  AND TWO THOUSAND EIGHTEEN. PROGRAM FIVE WILL COVER TAX INCEN-
TIVES ALLOCATED IN TWO THOUSAND EIGHTEEN TO  BE  USED  IN  TWO  THOUSAND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10299-11-4

S. 4946--D                          2

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 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) TWO THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED FOR
AT LEAST SIX MONTHS BY THE QUALIFIED EMPLOYER IN A FULL-TIME JOB  OF  AT
LEAST  THIRTY HOURS PER WEEK AND TWO 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,
AND (2) ONE THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED
FOR  AT LEAST SIX MONTHS BY THE QUALIFIED EMPLOYER IN A PART-TIME JOB OF
AT LEAST FIFTEEN HOURS PER WEEK AND ONE THOUSAND DOLLARS FOR EACH QUALI-
FIED 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

S. 4946--D                          3

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
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 MAY GIVE PREFERENCE TO  EMPLOYERS  WHO  OFFER
ADVANCEMENT, INCLUDING BUT NOT LIMITED TO INCREASED HOURS OF EMPLOYMENT,
OR INCREASED WAGES, AND EMPLOYEE BENEFIT PACKAGES TO THE QUALIFIED INDI-
VIDUALS.
  (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) TWO THOUSAND
DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED  FOR  AT  LEAST  SIX
MONTHS  BY  THE QUALIFIED EMPLOYER IN A FULL-TIME JOB OF AT LEAST THIRTY
HOURS PER WEEK AND TWO 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, AND  (II)
ONE  THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED FOR AT
LEAST SIX MONTHS BY THE QUALIFIED EMPLOYER IN  A  PART-TIME  JOB  OF  AT
LEAST FIFTEEN HOURS PER WEEK AND ONE THOUSAND 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

S. 4946--D                          4

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
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.  Subsections (yy) and (zz) of section 606  of  the  tax  law,  as
relettered  by section 5 of part H of chapter 1 of the laws of 2003, are
relettered subsections (yyy) and (zzz) and  a  new  subsection  (xx)  is
added 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) TWO THOUSAND
DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED  FOR  AT  LEAST  SIX
MONTHS  BY  THE QUALIFIED EMPLOYER IN A FULL-TIME JOB OF AT LEAST THIRTY
HOURS PER WEEK AND TWO 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,  AND  (B)
ONE  THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE WHO IS EMPLOYED FOR AT
LEAST SIX MONTHS BY THE QUALIFIED EMPLOYER IN  A  PART-TIME  JOB  OF  AT
LEAST FIFTEEN HOURS PER WEEK AND ONE THOUSAND 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 LIMIT-
ED  LIABILITY  COMPANY  OR SHAREHOLDER IN AN S CORPORATION 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 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-

S. 4946--D                          5

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 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.

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