senate Bill S1211

2013-2014 Legislative Session

Enacts the hire veterans now act

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Archive: Last Bill Status - STRICKEN


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 17, 2013 recommit, enacting clause stricken
Jan 09, 2013 referred to investigations and government operations

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S1211 - Bill Details

See Assembly Version of this Bill:
A574
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd ยงยง210, 606, 1456 & 1511, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S6190, A9592

S1211 - Bill Texts

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Enacts the "hire veterans now act", which establishes a tax credit for employers who hire certain veterans for a period of one year.

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BILL NUMBER:S1211

TITLE OF BILL:
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
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill would
incentivize employers
to hire unemployed veterans

SUMMARY OF SPECIFIC PROVISIONS: This act will be
known as the "hire
veterans now act."

The bill will provide a tax credit to an employer for hiring and
retaining a qualified individual. A qualified individual is defined
as a resident of the state who is a veteran, begins.employment after
January 1,2013 and before January 1,2014, has been unemployed for
sixty days prior to start of employment and is not employed to
replace another employee. An employer will receive a tax credit of
51,000 per retained worker. A "retained worker" is a qualified
individual who was employed during the taxable year, was employed for
no less than 52 consecutive weeks, was employed full time. not less
than 35 hours a week during the fifty-two consecutive weeks period
and whose wages during the last 25weeks equal at least 30% of the
wages for the first 26 weeks.

JUSTIFICATION: With the economy still recovering many
Americans are
still unemployed and are struggling to find jobs. According to the
New York state Department of Labor, as of September 2011, the
unemployment rate was 3.0% for New York however, have an even higher
unemployment rate. The US Department of Labor website released that
as of October 2011, the unemployment rate for veterans who served
from 2001-present is around 12.1%, much higher than the nation's
unemployment rate,As more service members return from the Iraq and
Afghanistan wars this number may increase even more. We must find a
way to put New York's veterans back to work. This bill will
incentivize employers to hire unemployed veterans by providing a tax
credit to employers who hire and retain an unemployed veteran.
Veterans have risked their lives for our freedom; we must ensure that
these courageous service members have employment opportunities when
they return home from war.

PRIOR LEGISLATIVE HISTORY: 2012: A.9592 - Died in
Ways and
Means/S.6190 - Died in Investigations and Government Operations.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: The bill takes effect on the sixtieth
day after it
shall become law and applies to the taxable years commencing on or
after January 1, 2013 and shall expire January 1. 2015.


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

                                  1211

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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 THIRTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN;
  (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.
                                                           LBD00846-01-3

S. 1211                             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  AT 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  (xxxv)  to  read  as
follows:
(XXXV) 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 YEAR 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

S. 1211                             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, 2013; provided however,  that  this  act  shall  expire
January  1, 2015 when upon such date the provisions of this act shall be
deemed repealed.

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