Senate Bill S7772

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

                                  7772

                            I N  S E N A T E

                              June 18, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the tax law, in relation to creating a telecommunication
  and cable industry New York jobs tax credit

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

  Section  1.  The tax law is amended by adding a new section 37 to read
as follows:
  S 37. TELECOMMUNICATION AND CABLE INDUSTRY NEW YORK JOBS  TAX  CREDIT.
(A) ALLOWANCE OF CREDIT. AN ELIGIBLE TAXPAYER SHALL BE ALLOWED A CREDIT,
OF  TWENTY  PERCENT OF THE QUALIFIED WAGES.  THE TAXPAYER MAY CLAIM THIS
CREDIT FOR EACH NEW EMPLOYEE FOR A PERIOD OF THREE CONSECUTIVE YEARS  OF
EMPLOYMENT.
  (B) DEFINITIONS. (1) "ELIGIBLE TAXPAYER" MEANS EVERY TELECOMMUNICATION
AND  CABLE  CORPORATION  AND  THEIR  SUBSIDIARIES FURNISHING TRADITIONAL
LANDLINE TELEPHONE SERVICE, FIBER OPTIC  SERVICE,  VOICE  OVER  INTERNET
PROTOCOL (VOIP), DATA CIRCUITS, CABLE OR INTERNET SERVICES.
  (2)  "CALL  CENTER ASSISTANCE JOB" SHALL MEAN THE CREATION OF OR RELO-
CATION OF NEW CALL CENTER SERVICE ASSISTANCE  JOBS  IN  NEW  YORK  STATE
INCLUDING,  BUT  NOT  LIMITED TO OPERATOR SERVICES, DIRECTORY ASSISTANCE
BUREAUS AND CALL COMPLETION SERVICES FOR THE FOLLOWING:
  (A) DETERMINING CUSTOMER FINANCIAL RESPONSIBILITY;
  (B) TAKING REQUESTS FOR NEW OR ADDITIONAL SERVICES, INCLUDING, BUT NOT
LIMITED TO, EMERGENCY SERVICE, COMPLETING ASSISTANCE WITH DIALING, USING
CALLING CARDS, CONNECTING COLLECT CALLS, BUSY LINE VERIFICATION OR RELAY
CENTERS FOR THE HEARING IMPAIRED, PROVIDING REQUESTED LOCAL AND NATIONAL
TELEPHONE NUMBERS, REVERSE NUMBER SEARCHES AND TAKING REQUESTS  FOR  AND
COMPLETING  THE PUBLISHING AND NON-PUBLISHING OF A TELEPHONE NUMBER, AND
PROVIDING ASSISTANCE TO PAYPHONE CUSTOMERS;
  (C) DETERMINING DEPOSIT REQUIRED OR BILLING RATE;
  (D) PREPARING INSTALLATION AND REPAIR  SERVICE  ORDERS  AND  OBTAINING
ACCESS TO SUBSCRIBER'S PREMISES;
  (E)  EXPLAINING  COMPANY  RATES,  REGULATIONS,  POLICIES,  PROCEDURES,
EQUIPMENT AND COMMON PRACTICES;

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

                                                           LBD16242-06-2

S. 7772                             2

  (F) INVESTIGATING TROUBLE ORDER FORMS AND INITIATING HIGH BILL  INVES-
TIGATIONS;
  (G)  HANDLING  PAYMENT AND OTHER CREDIT ARRANGEMENTS SUCH AS OBTAINING
DEPOSITS, FINANCIAL STATEMENTS AND PAYMENT PLANS; AND
  (H) AIDING CUSTOMERS  WITH  INTERNAL  ASSISTANCE  PROGRAMS  MEANS  ANY
COMPANY, FIRM OR BUSINESS ORGANIZATION THAT INVESTS APPLICATION OF CRED-
IT;  PROVIDED THAT THE AMOUNT OF GROSS WAGES PAID BY THE TAXPAYER TO THE
EMPLOYEES FOR WHOM CREDIT IS ALLOWABLE UNDER THIS SECTION.
  (3) "QUALIFIED WAGES" SHALL MEAN GROSS WAGES PAID TO ANY NEW  EMPLOYEE
DURING  THE  TAXABLE  YEAR  WHICH  MEETS THE DEFINITION OF A CALL CENTER
ASSISTANCE JOB.
  (4) "NEW EMPLOYEE" SHALL MEAN ANY FULL TIME EMPLOYEE THAT IS HIRED  BY
THE TAXPAYER AFTER JULY FIRST, TWO THOUSAND TWELVE THAT CAUSES THE TOTAL
NUMBER  OF EMPLOYEES TO INCREASE ABOVE BASE EMPLOYMENT OR CREDIT EMPLOY-
MENT, WHICHEVER IS HIGHER, WHO IS DOING THE SAME OR SUBSTANTIALLY  SIMI-
LAR  WORK,  AND  AT  THE PAY RATE AND BENEFIT LEVEL OF OTHER CALL CENTER
SERVICE ASSISTANCE JOBS IN THE GEOGRAPHIC AREA WITHIN NEW YORK STATE, IN
THE CORPORATION AND THEIR SUBSIDIARIES.
  (5) "BASE YEAR" SHALL MEAN CALENDAR YEAR TWO THOUSAND ELEVEN.
  (6) "BASE EMPLOYMENT" SHALL MEAN  THE  AVERAGE  NUMBER  OF  FULL  TIME
EMPLOYEES  OR FULL TIME EQUIVALENT EMPLOYEES DURING THE BASE YEAR. FOR A
NEW BUSINESS, BASE EMPLOYMENT SHALL BEGIN AT ZERO.
  (7) "CREDIT EMPLOYMENT" SHALL MEAN BASE EMPLOYMENT PLUS THE NUMBER  OF
NEW EMPLOYEES FOR WHICH A CREDIT IS EARNED FOR THE PRIOR TAX YEARS.
  (C)  CROSS-REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED IN THIS
SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
  (1) ARTICLE 9: SECTION 187-S
  (2) ARTICLE 9-A: SECTION 210: SUBDIVISION 45
  S 2. Section 210 of the tax law is amended by adding a new subdivision
45 to read as follows:
  45. TELECOMMUNICATION AND CABLE INDUSTRY NEW YORK JOBS TAX CREDIT. (A)
ALLOWANCE OF CREDIT. A TAXPAYER WILL BE ALLOWED A CREDIT, TO BE COMPUTED
AS PROVIDED IN SECTION THIRTY-SEVEN OF THIS  CHAPTER,  AGAINST  THE  TAX
IMPOSED BY THIS ARTICLE.
  (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR MAY NOT REDUCE THE TAX DUE FOR SUCH  YEAR  TO  LESS
THAN  THE  HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF
SUBDIVISION ONE OF THIS  SECTION.  HOWEVER,  IF  THE  AMOUNT  OF  CREDIT
ALLOWED  UNDER  THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
SUCH AMOUNT, ANY EXCESS AMOUNT OF CREDIT THUS  NOT  DEDUCTIBLE  IN  SUCH
TAXABLE  YEAR  MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, FOR A
MAXIMUM OF TEN CONSECUTIVE YEARS.
  S 3. The tax law is amended by adding a new section 187-s to  read  as
follows:
  S  187-S. TELECOMMUNICATION AND CABLE INDUSTRY NEW YORK JOBS TAX CRED-
IT. 1. ALLOWANCE OF CREDIT. A TAXPAYER, SUBJECT TO THE  TAX  IMPOSED  BY
THIS  ARTICLE,  WHICH  IS  A TELECOMMUNICATION OR CABLE COMPANY SHALL BE
ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION THIRTY-SEVEN  OF
THIS   CHAPTER,   AGAINST   THE  TAX  IMPOSED  BY  SECTION  ONE  HUNDRED
EIGHTY-SIX-A OF THIS ARTICLE.
  2. APPLICATION OF CREDIT.  IF THE AMOUNT OF CREDIT ALLOWED UNDER  THIS
SECTION  FOR  ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR,
ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE MAY BE CARRIED FORWARD  TO  THE
FOLLOWING YEAR OR YEARS, FOR A MAXIMUM OF TEN CONSECUTIVE YEARS.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2012.