S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9459
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law, in relation to  providing  credits  against
   the  tax imposed upon employers providing certain day care services to
   the children of its employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section 210-B of the tax law is amended by adding a new
 subdivision 61 to read as follows:
   61. EMPLOYER DAY CARE CREDIT. (A) A TAXPAYER SHALL BE ALLOWED A CREDIT
 AGAINST THE TAX IMPOSED BY THIS ARTICLE TO THE EXTENT OF TWENTY  PERCENT
 OF THE EXPENSES INCURRED DURING A TAXABLE YEAR BY THE TAXPAYER IN MAKING
 AVAILABLE  DAY  CARE SERVICES TO THE CHILDREN AND WARDS OF EMPLOYEES AND
 IN TRAINING PERSONS EMPLOYED BY THE TAXPAYER OR BY A THIRD-PARTY PROVID-
 ER RENDERING SUCH SERVICES. A TAXPAYER MAY MAKE SUCH SERVICES  AVAILABLE
 AS FOLLOWS:
   (1) PURSUANT TO A WRITTEN CONTRACT WITH A THIRD-PARTY PROVIDER;
   (2)  BY  REIMBURSING AN EMPLOYEE FOR EXPENSES INCURRED BY THE EMPLOYEE
 FOR SUCH SERVICES; OR
   (3) BY PROVIDING ON-SITE OR NEAR-SITE DAY CARE SERVICES.
   IN NO EVENT SHALL THE AMOUNT OF SUCH CREDIT EXCEED THE AMOUNT  OF  TAX
 OTHERWISE DUE PURSUANT TO THIS ARTICLE FOR ANY TAXABLE YEAR.
   (B)  (1)  NO  SUCH  CREDIT SHALL BE ALLOWED TO A TAXPAYER WHO UNFAIRLY
 DISCRIMINATES AGAINST ANY EMPLOYEE ON THE BASIS OF  RACE,  CREED,  RELI-
 GION, SEX, NATIONAL ORIGIN, AGE, DISABILITY, OR MARITAL STATUS IN MAKING
 AVAILABLE DAY CARE SERVICES.
   (2) A TAXPAYER MAY GIVE A PREFERENCE TO CHILDREN OR WARDS OF EMPLOYEES
 FOR  WHOM OBTAINING OR MAINTAINING GAINFUL EMPLOYMENT IS CONTINGENT UPON
 THE AVAILABILITY OF DAY CARE SERVICES FOR SUCH  CHILDREN  OR  WARDS,  IN
 PROVIDING SERVICES QUALIFYING FOR A CREDIT HEREUNDER.
   (C)  NO SUCH CREDIT SHALL BE ALLOWED TO A TAXPAYER UNLESS THE FACILITY
 OR PROGRAM RENDERING DAY CARE SERVICES IS LICENSED BY AND SUBJECT TO THE
 REGULATIONS  OF  THE  DEPARTMENT  OF  FAMILY  ASSISTANCE  OR  THE  HUMAN
 RESOURCES ADMINISTRATION GOVERNING DAY CARE FACILITIES IN NEW YORK CITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00311-02-4
 S. 9459                             2
 
   (D)  NO  SUCH CREDIT SHALL BE ALLOWED TO A TAXPAYER IF THE FACILITY OR
 PROGRAM RENDERING DAY CARE SERVICES ADMITS, DURING REGULAR SCHOOL HOURS,
 CHILDREN WHO ARE SUBJECT TO THE PROVISIONS OF  THE  EDUCATION  LAW  WITH
 REGARD TO COMPULSORY SCHOOL ATTENDANCE.
   §  2.  Section 1511 of the tax law is amended by adding a new subdivi-
 sion (ff) to read as follows:
   (FF) EMPLOYER DAY CARE CREDIT. (1) A TAXPAYER SHALL BE ALLOWED A CRED-
 IT AGAINST THE TAX IMPOSED BY THIS  ARTICLE  TO  THE  EXTENT  OF  TWENTY
 PERCENT OF THE EXPENSES INCURRED DURING THE TAXABLE YEAR BY THE TAXPAYER
 IN  MAKING  AVAILABLE  DAY  CARE  SERVICES  TO THE CHILDREN AND WARDS OF
 EMPLOYEES AND IN TRAINING PERSONS EMPLOYED  BY  THE  TAXPAYER  OR  BY  A
 THIRD-PARTY  PROVIDER  RENDERING SUCH SERVICES. A TAXPAYER MAY MAKE SUCH
 SERVICES AVAILABLE AS FOLLOWS:
   (A) PURSUANT TO A WRITTEN CONTRACT WITH A THIRD-PARTY PROVIDER;
   (B) BY REIMBURSING AN EMPLOYEE FOR EXPENSES INCURRED BY  THE  EMPLOYEE
 FOR SUCH SERVICES; OR
   (C) BY PROVIDING ON-SITE OR NEAR-SITE DAY CARE SERVICES.
   IN  NO  EVENT SHALL THE AMOUNT OF SUCH CREDIT EXCEED THE AMOUNT OF TAX
 OTHERWISE DUE PURSUANT TO THIS ARTICLE FOR ANY TAXABLE YEAR.
   (2) (A) NO SUCH CREDIT SHALL BE ALLOWED TO  A  TAXPAYER  WHO  UNFAIRLY
 DISCRIMINATES  AGAINST  ANY  EMPLOYEE ON THE BASIS OF RACE, CREED, RELI-
 GION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS IN  MAKING
 AVAILABLE DAY CARE SERVICES.
   (B)  A TAXPAYER MAY GIVE A PREFERENCE TO CHILDREN OR WARDS OF DAY CARE
 DEPENDENT EMPLOYEES FOR WHOM OBTAINING OR MAINTAINING GAINFUL EMPLOYMENT
 IS CONTINGENT UPON THE AVAILABILITY OF DAY CARE SERVICES FOR SUCH  CHIL-
 DREN OR WARDS, IN PROVIDING SERVICES QUALIFYING FOR A CREDIT HEREUNDER.
   (3)  NO SUCH CREDIT SHALL BE ALLOWED TO A TAXPAYER UNLESS THE FACILITY
 OR PROGRAM RENDERING DAY CARE SERVICES IS LICENSED BY AND SUBJECT TO THE
 REGULATIONS  OF  THE  DEPARTMENT  OF  FAMILY  ASSISTANCE  OR  THE  HUMAN
 RESOURCES ADMINISTRATION GOVERNING DAY CARE FACILITIES IN NEW YORK CITY.
   (4)  NO  SUCH CREDIT SHALL BE ALLOWED TO A TAXPAYER IF THE FACILITY OR
 PROGRAM RENDERING DAY CARE SERVICES ADMITS, DURING REGULAR SCHOOL HOURS,
 CHILDREN WHO ARE SUBJECT TO THE PROVISIONS OF  THE  EDUCATION  LAW  WITH
 REGARD TO COMPULSORY SCHOOL ATTENDANCE.
   §  3. Section 606 of the tax law is amended by adding a new subsection
 (bbb) to read as follows:
   (BBB) EMPLOYER DAY CARE CREDIT. (1) A  TAXPAYER  SHALL  BE  ALLOWED  A
 CREDIT  AGAINST  THE TAX IMPOSED BY SECTION SIX HUNDRED ONE OF THIS PART
 TO THE EXTENT OF TWENTY PERCENT OF EXPENSES INCURRED DURING THE  TAXABLE
 YEAR  BY THE TAXPAYER IN MAKING AVAILABLE DAY CARE SERVICES TO THE CHIL-
 DREN AND WARDS OF EMPLOYEES AND IN  TRAINING  PERSONS  EMPLOYED  BY  THE
 TAXPAYER OR BY A THIRD-PARTY PROVIDER RENDERING SUCH SERVICES. A TAXPAY-
 ER MAY MAKE SUCH SERVICES AVAILABLE AS FOLLOWS:
   (A) PURSUANT TO A WRITTEN CONTRACT WITH A THIRD-PARTY PROVIDER;
   (B)  BY  REIMBURSING AN EMPLOYEE FOR EXPENSES INCURRED BY THE EMPLOYEE
 FOR SUCH SERVICES; OR
   (C) BY PROVIDING ON-SITE OR NEAR-SITE DAY CARE SERVICES.
   IN NO EVENT SHALL THE AMOUNT OF SUCH CREDIT EXCEED THE AMOUNT  OF  TAX
 OTHERWISE DUE PURSUANT TO THIS ARTICLE FOR ANY TAXABLE YEAR.
   (2)  (A)  NO  SUCH  CREDIT SHALL BE ALLOWED TO A TAXPAYER WHO UNFAIRLY
 DISCRIMINATES AGAINST ANY EMPLOYEE ON THE BASIS OF  RACE,  CREED,  RELI-
 GION,  SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS IN MAKING
 AVAILABLE DAY CARE SERVICES.
   (B) A TAXPAYER MAY GIVE A PREFERENCE TO CHILDREN OR WARDS OF EMPLOYEES
 FOR WHOM OBTAINING OR MAINTAINING GAINFUL EMPLOYMENT IS CONTINGENT  UPON
 S. 9459                             3
 
 THE  AVAILABILITY  OF  DAY  CARE SERVICES FOR SUCH CHILDREN OR WARDS, IN
 PROVIDING SERVICES QUALIFYING FOR A CREDIT HEREUNDER.
   (3)  NO SUCH CREDIT SHALL BE ALLOWED TO A TAXPAYER UNLESS THE FACILITY
 OR PROGRAM RENDERING DAY CARE SERVICES IS LICENSED BY AND SUBJECT TO THE
 REGULATIONS  OF  THE  DEPARTMENT  OF  FAMILY  ASSISTANCE  OR  THE  HUMAN
 RESOURCES ADMINISTRATION GOVERNING DAY CARE FACILITIES IN NEW YORK CITY.
   (4)  NO  SUCH CREDIT SHALL BE ALLOWED TO A TAXPAYER IF THE FACILITY OR
 PROGRAM RENDERING DAY CARE SERVICES ADMITS, DURING REGULAR SCHOOL HOURS,
 CHILDREN WHO ARE SUBJECT TO THE PROVISIONS OF  THE  EDUCATION  LAW  WITH
 REGARD TO COMPULSORY SCHOOL ATTENDANCE.
   § 4. This act shall take effect immediately and shall apply to taxable
 years commencing on and after January 1, 2026.