S T A T E O F N E W Y O R K
________________________________________________________________________
5635
2011-2012 Regular Sessions
I N A S S E M B L Y
February 24, 2011
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Introduced by M. of A. MURRAY -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to establishing corporate fran-
chise tax credit for certain businesses offering employees staggered
operating hours
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds and declares that traffic congestion in commercial districts
contributes to numerous related problems such as excess fuel consump-
tion, added wear and tear on roadways, necessity for increased traffic
control, higher incidence of auto accidents and dangers for pedestrians.
Staggered operating hours for business employees could reduce the prob-
lems of traffic congestion by spreading out the hours within which work-
ers are commuting and business is conducted. As an incentive to busi-
nesses located in traffic congested areas to institute policies of
staggered operating hours, the legislature deems it appropriate to
establish a corporate franchise tax credit of $1000.00 per employee
participating in an employer sponsored program of staggered operating
hours.
S 2. Section 210 of the tax law is amended by adding a new subdivision
14 to read as follows:
14. STAGGERED OPERATING HOURS CREDIT.(A) A TAXPAYER SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE IN THE AMOUNT OF ONE
THOUSAND DOLLARS PER FULL TIME EMPLOYEE WHO PARTICIPATES IN AN EMPLOYER
SPONSORED PROGRAM OF STAGGERED OPERATING HOURS; PROVIDED SUCH EMPLOYER
IS LOCATED WITHIN A GEOGRAPHICAL AREA IN WHICH RUSH HOUR OR BUSINESS
HOUR TRAFFIC CONGESTION IS A SIGNIFICANT PROBLEM.
(B) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "STAGGERED OPERATING
HOURS" SHALL BE DEEMED TO INCLUDE DEVIATIONS FROM A STANDARD NINE A.M.
TO FIVE P.M. WORK DAY OF NO LESS THAN TWO HOURS AT EITHER END OF SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08366-01-1
A. 5635 2
WORK DAY, PROVIDED SUCH EXTENDED HOURS CONFORM TO ANY LOCAL ORDINANCE
REGULATING BUSINESS HOURS OF OPERATION.
S 3. The commissioner of taxation and finance is authorized and
directed to promulgate any rules and regulations necessary to implement
the provisions of this act.
S 4. This act shall take effect immediately; provided that sections
two and three of this act shall apply to taxable years commencing on or
after January first of the year in which it shall have become a law.