S T A T E   O F   N E W   Y O R K
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                                  9592

                          I N  A S S E M B L Y

                             March 20, 2012
                               ___________

Introduced  by M. of A. CUSICK, ABBATE, COLTON, CRESPO, GUNTHER, JACOBS,
  JAFFEE, LUPARDO, MAGNARELLI,  MILLMAN,  REILLY,  ROBINSON,  ROSENTHAL,
  P. RIVERA,  RUSSELL, TITONE, WEISENBERG -- Multi-Sponsored by -- M. of
  A. MAGEE, SCHIMEL -- read once and referred to the Committee  on  Ways
  and Means

AN  ACT to amend the tax law, in relation to enacting the "hire veterans
  now act"; and providing for the repeal of such provisions upon expira-
  tion thereof

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

  Section  1.  This  act  shall  be  known and may be cited as the "hire
veterans now act".
  S 2. Section 210 of the tax law is amended by adding a new subdivision
24-a to read as follows:
  24-A.  CREDIT FOR HIRING UNEMPLOYED VETERANS. (A) A TAXPAYER SHALL  BE
ALLOWED  A  CREDIT,  TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE
TAX IMPOSED BY THIS ARTICLE, FOR HIRING QUALIFIED  INDIVIDUALS  AND  FOR
THE RETENTION OF SUCH INDIVIDUALS FOR A PERIOD OF ONE YEAR.
  (B)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (1) "QUALIFIED EMPLOYER" MEANS ANY EMPLOYER OTHER  THAN  THE  FEDERAL,
STATE OR LOCAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF;
  (2) "QUALIFIED INDIVIDUAL" MEANS ANY INDIVIDUAL RESIDING IN THIS STATE
WHO:
  (A)  IS  A  VETERAN  AS  DEFINED IN SUBDIVISION THREE OF SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW;
  (B) BEGINS EMPLOYMENT WITH A QUALIFIED EMPLOYER AFTER  JANUARY  FIRST,
TWO THOUSAND TWELVE AND BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN;
  (C)  CERTIFIES  BY A SIGNED AFFIDAVIT, UNDER THE PENALTIES OF PERJURY,
THAT SUCH INDIVIDUAL HAS NOT BEEN EMPLOYED FOR  MORE  THAN  FORTY  HOURS
DURING  THE  SIXTY  DAY PERIOD ENDING ON THE DATE SUCH INDIVIDUAL BEGINS
SUCH EMPLOYMENT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13415-04-2

              

A. 9592                             2

  (D) IS NOT EMPLOYED BY  THE  QUALIFIED  EMPLOYER  TO  REPLACE  ANOTHER
EMPLOYEE  OF  SUCH  EMPLOYER  UNLESS  SUCH OTHER EMPLOYEE SEPARATED FROM
EMPLOYMENT VOLUNTARILY OR FOR CAUSE;
  (3) "RETAINED WORKER" MEANS ANY QUALIFIED INDIVIDUAL:
  (A)  WHO  WAS  EMPLOYED BY THE TAXPAYER ON ANY DATE DURING THE TAXABLE
YEAR;
  (B) WHO WAS SO EMPLOYED BY THE TAXPAYER FOR A PERIOD OF NOT LESS  THAN
FIFTY-TWO CONSECUTIVE WEEKS;
  (C)  WAS  EMPLOYED  FULL  TIME, NOT LESS THAN THIRTY-FIVE HOURS A WEEK
DURING THE FIFTY-TWO CONSECUTIVE WEEKS PERIOD; AND
  (D) WHOSE WAGES FOR SUCH EMPLOYMENT DURING THE LAST  TWENTY-SIX  WEEKS
OF  SUCH  PERIOD  EQUALED  AS LEAST EIGHTY PERCENT OF SUCH WAGES FOR THE
FIRST TWENTY-SIX WEEKS FOR SUCH PERIOD.
  (C) THE AMOUNT OF  THE  CREDIT  SHALL  BE  ONE  THOUSAND  DOLLARS  PER
RETAINED WORKER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
BLE  YEAR  SHALL  NOT  REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D)  OF  SUBDIVI-
SION ONE OF THIS SECTION. PROVIDED, HOWEVER, THAT IF THE AMOUNT OF CRED-
IT  ALLOWED  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX
TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE YEAR
MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY  BE  DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding  a  new  clause  (xxx)  to  read  as
follows:
(XXX) CREDIT FOR HIRING              AMOUNT OF CREDIT UNDER SUBDIVISION
UNEMPLOYED VETERANS                  TWENTY-FOUR-A OF SECTION TWO
                                     HUNDRED TEN OR
                                     SUBSECTION (J-1) OF SECTION
                                     FOURTEEN HUNDRED FIFTY-SIX
  S 4.  Section 606 of the tax law is amended by adding a new subsection
(s-1) to read as follows:
  (S-1)  CREDIT  FOR  HIRING  UNEMPLOYED  VETERANS.  A TAXPAYER SHALL BE
ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE  TAX  IMPOSED  BY
THIS  ARTICLE,  FOR  THE  HIRING OF QUALIFIED INDIVIDUALS, AS DEFINED IN
SUBDIVISION TWENTY-FOUR-A OF SECTION TWO HUNDRED TEN OF THIS CHAPTER AND
THE RETENTION OF SUCH INDIVIDUALS FOR A PERIOD OF ONE YEAR.  THE  AMOUNT
OF  THE CREDIT SHALL BE ONE THOUSAND DOLLARS PER RETAINED WORKER. IF THE
AMOUNT OF CREDIT  ALLOWABLE  UNDER  THIS  SUBSECTION  SHALL  EXCEED  THE
TAXPAYER'S  TAX  FOR  SUCH  YEAR,  THE EXCESS MAY BE CARRIED OVER TO THE
FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX  FOR
SUCH YEARS OR YEARS.
  S 5. Section 1456 of the tax law is amended by adding a new subsection
(j-1) to read as follows:
  (J-1)  CREDIT  FOR  HIRING  UNEMPLOYED  VETERANS.  A TAXPAYER SHALL BE
ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE  TAX  IMPOSED  BY
THIS  ARTICLE,  FOR  THE  HIRING OF QUALIFIED INDIVIDUALS, AS DEFINED IN
SUBDIVISION TWENTY-FOUR-A OF SECTION TWO HUNDRED TEN OF THIS CHAPTER AND
THE RETENTION OF SUCH INDIVIDUALS FOR A PERIOD OF ONE YEAR.  THE  AMOUNT
OF  THE  CREDIT  SHALL BE ONE THOUSAND DOLLARS PER RETAINED WORKER.  THE
CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY  TAXABLE  YEAR  SHALL  NOT
REDUCE  THE TAX TO LESS THAN THE DOLLAR AMOUNT FIXED AS A MINIMUM TAX BY
SUBSECTION (B) OF SECTION FOURTEEN HUNDRED FIFTY-FIVE OF  THIS  ARTICLE.
IF  THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION FOR ANY TAXABLE
YEAR REDUCES THE TAX TO SUCH AMOUNT, THE EXCESS MAY BE CARRIED  OVER  TO

A. 9592                             3

THE FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX
FOR SUCH YEAR OR YEARS.
  S  6.  Section 1511 of the tax law is amended by adding a new subdivi-
sion (cc) to read as follows:
  (CC) CREDIT FOR HIRING UNEMPLOYED VETERANS. (1) A  TAXPAYER  SHALL  BE
ALLOWED  A  CREDIT  AS  HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY
THIS ARTICLE, FOR THE HIRING OF QUALIFIED  INDIVIDUALS,  AS  DEFINED  IN
SUBDIVISION TWENTY-FOUR-A OF SECTION TWO HUNDRED TEN OF THIS CHAPTER AND
THE  RETENTION  OF SUCH INDIVIDUALS FOR A PERIOD OF ONE YEAR. THE AMOUNT
OF THE CREDIT SHALL BE ONE THOUSAND DOLLARS PER RETAINED WORKER.
  (2) THE CREDIT ALLOWED UNDER THIS  SUBSECTION  FOR  ANY  TAXABLE  YEAR
SHALL  NOT  REDUCE  THE  TAX  TO LESS THAN THE MINIMUM TAX FIXED BY THIS
ARTICLE.  HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER  THIS  SUBDIVI-
SION  FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF
CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED  OVER  TO
THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX
FOR SUCH YEAR OR YEARS.
  S 7. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law  and  shall apply to taxable years commencing on or
after January 1, 2012; provided however,  that  this  act  shall  expire
January  1, 2014 when upon such date the provisions of this act shall be
deemed repealed.