S T A T E   O F   N E W   Y O R K
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                                  7929

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced  by M. of A. TITUS, CLARK, COOK, PERRY, SILVER, BLAKE, SIMON,
  JOYNER, ORTIZ -- Multi-Sponsored by -- M. of A. DAVILA, GLICK, MARKEY,
  RIVERA -- read once and referred to the Committee on Ways and Means

AN ACT to amend the labor law and the tax law, in relation to establish-
  ing the New York city housing authority work tax credit program

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

  Section  1.  The  labor law is amended by adding a new section 25-c to
read as follows:
  S 25-C. POWER TO ADMINISTER THE NEW YORK CITY HOUSING  AUTHORITY  WORK
TAX  CREDIT PROGRAM. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH AND
ADMINISTER THE NEW YORK CITY HOUSING AUTHORITY WORK TAX  CREDIT  PROGRAM
TO  PROVIDE  TAX  INCENTIVES TO EMPLOYERS FOR EMPLOYING RESIDENTS OF NEW
YORK CITY HOUSING AUTHORITY PUBLIC HOUSING IN  PART-TIME  AND  FULL-TIME
JOBS  OR  INTERNSHIPS.  THE COMMISSIONER IS AUTHORIZED TO ALLOCATE UP TO
TWENTY-FIVE MILLION DOLLARS OF TAX CREDITS.
  (B) DEFINITIONS. (1) THE TERM "QUALIFIED EMPLOYER" MEANS  AN  EMPLOYER
IN GOOD STANDING:
  (I)  THAT IS LOCATED WITHIN A REASONABLE COMMUTING DISTANCE, AS DETER-
MINED BY THE COMMISSIONER,  FOR  RESIDENTS  OF  NEW  YORK  CITY  HOUSING
AUTHORITY PUBLIC HOUSING;
  (II)  THAT  HAS BEEN CERTIFIED BY THE COMMISSIONER AND THE SUPERINTEN-
DENT OF FINANCIAL SERVICES TO PARTICIPATE IN THE NEW YORK  CITY  HOUSING
AUTHORITY TAX CREDIT PROGRAM; AND
  (III) EMPLOYS ONE OR MORE QUALIFIED EMPLOYEES.
  (2) THE TERM "QUALIFIED EMPLOYEE" MEANS AN INDIVIDUAL:
  (I) WHO RESIDES IN NEW YORK CITY HOUSING AUTHORITY PUBLIC HOUSING; AND
  (II)  WHO WILL BE WORKING FOR THE QUALIFIED EMPLOYER IN A FULL-TIME OR
PART-TIME JOB OR INTERNSHIP THAT PAYS WAGES THAT ARE EQUIVALENT  TO  THE
WAGES PAID FOR SIMILAR JOBS, WITH APPROPRIATE ADJUSTMENTS FOR EXPERIENCE
AND  TRAINING,  AND  FOR WHICH NO OTHER EMPLOYEE HAS BEEN TERMINATED, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10293-01-5
              

A. 7929                             2

WHERE THE EMPLOYER HAS NOT OTHERWISE REDUCED ITS WORKFORCE  BY  INVOLUN-
TARY  TERMINATIONS WITH THE INTENTION OF FILLING THE VACANCY BY CREATING
A NEW HIRE.
  (3)  THE  TERM  "COMMUNITY-BASED  ORGANIZATION"  MEANS AN ORGANIZATION
LOCATED IN A CITY WITH  A  POPULATION  OF  ONE  MILLION  OR  MORE  WHOSE
SERVICES  INCLUDE,  BUT  ARE  NOT LIMITED TO, EMPLOYMENT, EDUCATION, AND
BUSINESS RESOURCES.
  (C) A QUALIFIED EMPLOYER SHALL BE ENTITLED TO A TAX CREDIT EQUAL TO NO
MORE THAN FIVE THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE THE EMPLOYER
EMPLOYS IN A FULL-TIME JOB OR INTERNSHIP OF AT LEAST  THIRTY-FIVE  HOURS
PER  WEEK  OR  NO  MORE  THAN TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH
QUALIFIED EMPLOYEE THE EMPLOYER EMPLOYS IN A PART-TIME JOB OR INTERNSHIP
OF AT LEAST TWENTY TO THIRTY-FOUR HOURS PER WEEK. THE TAX CREDITS  SHALL
BE  CLAIMED BY THE QUALIFIED EMPLOYER AS SPECIFIED IN SUBDIVISION FORTY-
NINE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (CCC)  OF  SECTION  SIX
HUNDRED SIX OF THE TAX LAW.
  (D)  TO  PARTICIPATE  IN  THE NEW YORK CITY HOUSING AUTHORITY WORK TAX
CREDIT PROGRAM, AN EMPLOYER  MUST  SUBMIT  AN  APPLICATION  (IN  A  FORM
PRESCRIBED  BY  THE COMMISSIONER IN CONSULTATION WITH THE SUPERINTENDENT
OF FINANCIAL SERVICES) TO THE COMMISSIONER  AND  THE  SUPERINTENDENT  OF
FINANCIAL  SERVICES  AFTER  JANUARY  FIRST,  TWO  THOUSAND  SIXTEEN. THE
COMMISSIONER, IN  CONSULTATION  WITH  THE  SUPERINTENDENT  OF  FINANCIAL
SERVICES,  SHALL ESTABLISH GUIDELINES AND CRITERIA THAT SPECIFY REQUIRE-
MENTS FOR EMPLOYERS TO PARTICIPATE IN THE PROGRAM INCLUDING CRITERIA FOR
CERTIFYING QUALIFIED EMPLOYEES. ANY REGULATIONS  THAT  THE  COMMISSIONER
DETERMINES  ARE  NECESSARY MAY BE ADOPTED ON AN EMERGENCY BASIS NOTWITH-
STANDING ANYTHING TO THE CONTRARY IN SECTION  TWO  HUNDRED  TWO  OF  THE
STATE  ADMINISTRATIVE  PROCEDURE  ACT. SUCH REQUIREMENTS MAY INCLUDE THE
TYPES OF INDUSTRIES THAT THE EMPLOYERS ARE ENGAGED IN. THE  COMMISSIONER
AND  SUPERINTENDENT OF FINANCIAL SERVICES MAY GIVE PREFERENCE TO EMPLOY-
ERS THAT ARE ENGAGED IN DEMAND OCCUPATIONS OR INDUSTRIES, OR IN REGIONAL
GROWTH SECTORS, INCLUDING THOSE  IDENTIFIED  BY  THE  REGIONAL  ECONOMIC
DEVELOPMENT  COUNCILS,  SUCH AS CLEAN ENERGY, HEALTHCARE, ADVANCED MANU-
FACTURING AND CONSERVATION. IN ADDITION,  THE  COMMISSIONER  AND  SUPER-
INTENDENT  OF  FINANCIAL SERVICES SHALL GIVE PREFERENCE TO EMPLOYERS WHO
OFFER ADVANCEMENT AND EMPLOYEE BENEFIT PACKAGES TO THE  QUALIFIED  INDI-
VIDUALS.
  (E)  IF, AFTER REVIEWING THE APPLICATION SUBMITTED BY AN EMPLOYER, THE
COMMISSIONER AND SUPERINTENDENT OF  FINANCIAL  SERVICES  DETERMINE  THAT
SUCH  EMPLOYER  IS  ELIGIBLE TO PARTICIPATE IN THE NEW YORK CITY HOUSING
AUTHORITY WORK TAX CREDIT PROGRAM,  THE  COMMISSIONER  SHALL  ISSUE  THE
EMPLOYER A CERTIFICATE OF ELIGIBILITY THAT ESTABLISHES THE EMPLOYER AS A
QUALIFIED  EMPLOYER.  THE  CERTIFICATE  OF ELIGIBILITY SHALL SPECIFY THE
MAXIMUM AMOUNT OF NEW YORK CITY HOUSING AUTHORITY WORK TAX  CREDIT  THAT
THE EMPLOYER WILL BE ALLOWED TO CLAIM.
  (F) THE COMMISSIONER SHALL PROVIDE THE NAMES AND ANY OTHER INFORMATION
DEEMED  NECESSARY  OF  QUALIFIED  EMPLOYERS TO COMMUNITY-BASED ORGANIZA-
TIONS.  SUCH COMMUNITY-BASED ORGANIZATIONS SHALL REFER QUALIFIED EMPLOY-
EES TO APPROPRIATE QUALIFIED EMPLOYERS. QUALIFIED  EMPLOYERS  SHALL  NOT
ASK  REFERRED  QUALIFIED  EMPLOYEES  HOW THEY QUALIFIED FOR THE NEW YORK
CITY HOUSING AUTHORITY WORK TAX CREDIT PROGRAM.
  (G) THE COMMISSIONER SHALL ANNUALLY PUBLISH A REPORT. SUCH REPORT MUST
CONTAIN THE NAMES AND ADDRESSES OF ANY EMPLOYER ISSUED A CERTIFICATE  OF
ELIGIBILITY  UNDER THIS SECTION, AND THE MAXIMUM AMOUNT OF NEW YORK CITY
HOUSING AUTHORITY WORK TAX CREDIT ALLOWED TO THE EMPLOYER  AS  SPECIFIED
ON SUCH CERTIFICATE OF ELIGIBILITY.

A. 7929                             3

  S  2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
  49.  NEW  YORK  CITY HOUSING AUTHORITY WORK TAX CREDIT. (A) A TAXPAYER
THAT HAS BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AND  SUPERINTENDENT
OF  FINANCIAL SERVICES AS A QUALIFIED EMPLOYER PURSUANT TO SECTION TWEN-
TY-FIVE-C OF THE LABOR LAW SHALL BE ALLOWED A  CREDIT  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE EQUAL TO NO MORE THAN FIVE THOUSAND DOLLARS FOR
EACH QUALIFIED EMPLOYEE THE EMPLOYER  EMPLOYS  IN  A  FULL-TIME  JOB  OR
INTERNSHIP  OF  AT  LEAST THIRTY-FIVE HOURS PER WEEK OR NO MORE THAN TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE  THE  EMPLOYER
EMPLOYS  IN  A  PART-TIME  JOB  OR  INTERNSHIP  OF  AT  LEAST  TWENTY TO
THIRTY-FOUR HOURS PER WEEK. FOR PURPOSES OF THIS SUBDIVISION,  THE  TERM
"QUALIFIED  EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
VISION (B) OF SECTION TWENTY-FIVE-C OF THE LABOR LAW. THE PORTION OF THE
CREDIT DESCRIBED IN THIS PARAGRAPH SHALL BE ALLOWED FOR THE TAXABLE YEAR
IN WHICH THE WAGES ARE PAID TO THE QUALIFIED EMPLOYEE.
  (B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
NOT REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT  PRESCRIBED
IN  PARAGRAPH  (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS
ARTICLE. HOWEVER, IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS  SUBDI-
VISION  FOR  ANY  TAXABLE  YEAR REDUCES THE TAX TO THAT AMOUNT OR IF THE
TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED  DOLLAR  MINIMUM  AMOUNT,
ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN THAT TAXABLE YEAR WILL BE TREATED
AS  AN  OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH
THE PROVISIONS OF SECTION  ONE  THOUSAND  EIGHTY-SIX  OF  THIS  CHAPTER.
PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
  (C)  THE  TAXPAYER  MAY  BE  REQUIRED  TO ATTACH TO ITS TAX RETURN ITS
CERTIFICATE OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR  PURSUANT
TO SECTION TWENTY-FIVE-C OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
ER  BE  ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT LISTED ON
THE CERTIFICATE OF ELIGIBILITY. NOTWITHSTANDING ANY  PROVISION  OF  THIS
CHAPTER  TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S DESIG-
NEES MAY RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER  CLAIMING  THIS
CREDIT  AND  THE  AMOUNT OF THE CREDIT EARNED BY THE TAXPAYER. PROVIDED,
HOWEVER, IF A TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A  MEMBER  OF  A
LIMITED LIABILITY COMPANY OR A PARTNER IN A PARTNERSHIP, ONLY THE AMOUNT
OF  CREDIT  EARNED BY THE ENTITY AND NOT THE AMOUNT OF CREDIT CLAIMED BY
THE TAXPAYER MAY BE RELEASED.
  S 3. Section 606 of the tax law is amended by adding a new  subsection
(ccc) to read as follows:
  (CCC)  NEW YORK CITY HOUSING AUTHORITY WORK TAX CREDIT. (1) A TAXPAYER
THAT HAS BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AND THE SUPERINTEN-
DENT OF FINANCIAL SERVICES AS A QUALIFIED EMPLOYER PURSUANT  TO  SECTION
TWENTY-FIVE-C OF THE LABOR LAW SHALL BE ALLOWED A CREDIT AGAINST THE TAX
IMPOSED  BY THIS ARTICLE EQUAL TO NO MORE THAN FIVE THOUSAND DOLLARS FOR
EACH QUALIFIED EMPLOYEE THE EMPLOYER  EMPLOYS  IN  A  FULL-TIME  JOB  OR
INTERNSHIP  OF  AT  LEAST THIRTY-FIVE HOURS PER WEEK OR NO MORE THAN TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE  THE  EMPLOYER
EMPLOYS  IN  A  PART-TIME  JOB  OR  INTERNSHIP  OF  AT  LEAST  TWENTY TO
THIRTY-FOUR HOURS PER WEEK. A TAXPAYER THAT IS A PARTNER IN  A  PARTNER-
SHIP,  MEMBER  OF  A  LIMITED  LIABILITY  COMPANY OR SHAREHOLDER IN AN S
CORPORATION THAT HAS BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AND THE
SUPERINTENDENT OF FINANCIAL SERVICES AS A QUALIFIED EMPLOYER PURSUANT TO
SECTION TWENTY-FIVE-C OF THE LABOR LAW SHALL BE  ALLOWED  ITS  PRO  RATA
SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY
OR  S  CORPORATION. FOR PURPOSES OF THIS SUBSECTION, THE TERM "QUALIFIED

A. 7929                             4

EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION (B) OF
SECTION TWENTY-FIVE-C OF THE  LABOR  LAW.  THE  PORTION  OF  THE  CREDIT
DESCRIBED  IN  THIS  PARAGRAPH  SHALL BE ALLOWED FOR THE TAXABLE YEAR IN
WHICH THE WAGES ARE PAID TO THE QUALIFIED EMPLOYEE.
  (2)  IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION EXCEEDS
THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, ANY AMOUNT OF CREDIT NOT DEDUC-
TIBLE IN THAT TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF  TAX  TO
BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED  EIGHTY-SIX OF THIS ARTICLE. PROVIDED, HOWEVER, NO INTEREST WILL
BE PAID THEREON.
  (3) THE TAXPAYER MAY BE REQUIRED TO  ATTACH  TO  ITS  TAX  RETURN  ITS
CERTIFICATE  OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
TO SECTION TWENTY-FIVE-C OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
ER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT  LISTED  ON
THE  CERTIFICATE  OF  ELIGIBILITY. NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S  DESIG-
NEES  MAY  RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING THIS
CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY  THE  TAXPAYER.  PROVIDED,
HOWEVER,  IF  A  TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A MEMBER OF A
LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP, OR A  SHAREHOLDER
IN  A  SUBCHAPTER S CORPORATION, ONLY THE AMOUNT OF CREDIT EARNED BY THE
ENTITY AND NOT THE AMOUNT OF CREDIT  CLAIMED  BY  THE  TAXPAYER  MAY  BE
RELEASED.
  S 4. This act shall take effect immediately.