NY State Senate Bill 2015-S4093C

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2016	print number 4093c
May 23, 2016	amend and recommit to investigations and government operations
May 13, 2016	print number 4093b
May 13, 2016	amend and recommit to investigations and government operations
Mar 01, 2016	print number 4093a
Mar 01, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Feb 26, 2015	referred to investigations and government operations

Bill Amendments

Original

C (Active)

co-Sponsors

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2015-S4093 - Details

See Assembly Version of this Bill:: A5513
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4107, A8385
2013-2014: S1907, A570
2017-2018: S3688, A1369
2019-2020: S5545, A7475

2015-S4093 - Summary

Establishes a small business tax credit for the employment of disabled persons.

2015-S4093 - Sponsor Memo

                                BILL NUMBER:S4093

TITLE OF BILL:

An  act  to amend the tax law, in relation to establishing a small busi-
ness tax credit for the employment of disabled persons

PURPOSE OR GENERAL IDEA OF BILL:

To stimulate employment of disabled persons and retain their services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amendment to section 210-B, subdivision 49 of  the  tax  law,
for  the providence of a business tax credit for the employer in regards
to the employment of disabled persons for the duration of twelve  months
or more for a minimum of thirty-five hours per a week.  Tax credit range
will range between five thousand to twenty-five thousand dollars.

Section  2: The adoption of a new clause (xli) in section 606 of the tax
law, specifying preceded amendment.

Section 3: Amendment to section 606 of the tax law, detailing the compo-
nents of the business tax credit for the employment of disabled  persons
in a company of one hundred employees or less.

Section 4: The effective date.

JUSTIFICATION:

With  the  struggles one experiences in today's economy, it is a contin-
uous uphill battle  to  seek  and  retain  viable  employment.  Disabled
persons,  by  far,  face  unprecedented challenges.   A 2004 Harris poll
cited disabled persons are nearly twice  as  likely  as  people  without
disabilities  to  have  an  annual  household income of $15,000 or less.
According to a 2009 Bureau of Labor Statistics study,  the  unemployment
rate  of persons with a disability was fifteen percent, compared to nine
percent for those without a disability.    Further,  a  2006  disability
status  report  published  by  Cornell  University determined twenty-two
percent of persons with disabilities are employed full-time, compared to
fifty-seven percent of persons  without  disabilities.  There  are  also
income  discrepancies:  a  median  salary of $65,000 for persons without
disabilities, compared to a $36,000 median salary for persons with disa-
bilities.

To stimulate employment for  their  services,  a  tax  credit  is  being
proposed  to  small  business owners that retain disabled persons within
their company for twelve months or more  at  a  minimum  of  thirty-five
hours  of  employment  per a week. Their services will contribute to the
economic growth of New York State, create  greater  awareness  of  their
overlooked skills, and establish fairness with confidence.

PRIOR LEGISLATIVE HISTORY:

2014-2013:  A.570-A  -  Died in Ways and Means/S.1907-A Died in Investi-
gations and Government Operations;
2012: A.8385-A - died in Ways and  Means/S.4107-A  -  Died  in  Investi-
gations and Government Operations;
2011: A.8385-referred

FISCAL IMPLICATIONS:

To be dtermined.

EFFECTIVE DATE:

This act shall take effect immediately and apply to taxable years begin-
nings on or after January 1, 2016.

2015-S4093 - Bill Text download pdf

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

                                  4093

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen. ADDABBO -- 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 establishing a  small  busi-
  ness tax credit for the employment of disabled persons

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

  Section 1. Section 210-B of the tax law is amended  by  adding  a  new
subdivision 49 to read as follows:
  49.  SMALL  BUSINESS  TAX  CREDIT;  DISABLED  PERSONS.  (A) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED IN  THIS  SUBDIVISION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (C) CARRYOVERS. THE CREDIT  ALLOWED  UNDER  THIS  SUBDIVISION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBDIVISION MAY NOT BE USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (D) DEFINITIONS. AS USED  IN  THIS  SUBDIVISION,  THE  TERM  "DISABLED
PERSON"  SHALL  MEAN  A  PERSON WHO SUFFERS FROM ANY PHYSICAL, MENTAL OR
MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC  OR
NEUROLOGICAL  CONDITIONS  WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03112-01-5

S. 4093                             2

  S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
of  the  tax  law  is  amended  by  adding a new clause (xli) to read as
follows:
(XLI) SMALL BUSINESS TAX CREDIT;     COSTS UNDER SUBDIVISION
DISABLED PERSONS                     FORTY-NINE OF SECTION
SUBSECTION (CCC)                     TWO HUNDRED TEN-B
  S 3.  Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC)  SMALL  BUSINESS  TAX  CREDIT;  DISABLED PERSONS. (1) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED  IN  THIS  SUBSECTION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (2) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (3) CARRYOVERS. THE  CREDIT  ALLOWED  UNDER  THIS  SUBSECTION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBSECTION MAY NOT BE  USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (4)  DEFINITIONS.  AS  USED  IN  THIS  SUBSECTION,  THE TERM "DISABLED
PERSON" SHALL MEAN A PERSON WHO SUFFERS FROM  ANY  PHYSICAL,  MENTAL  OR
MEDICAL  IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR
NEUROLOGICAL CONDITIONS WHICH PREVENTS THE EXERCISE OF A  NORMAL  BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.

co-Sponsors

View additional co-sponsors

2015-S4093A - Details

See Assembly Version of this Bill:: A5513
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4107, A8385
2013-2014: S1907, A570
2017-2018: S3688, A1369
2019-2020: S5545, A7475

2015-S4093A - Summary

Establishes a small business tax credit for the employment of disabled persons.

2015-S4093A - Sponsor Memo

                                 BILL NUMBER:  S4093A

 TITLE OF BILL :

An act to amend the tax law, in relation to establishing a small
business tax credit for the employment of disabled persons

 PURPOSE OR GENERAL IDEA OF BILL :

To stimulate employment of disabled persons and retain their services.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amendment to section 210-B, subdivision 49 of the tax law,
for the providence of a business tax credit for the employer in
regards to the employment of disabled persons for the duration of
twelve months or more for a minimum of thirty-five hours per a week.
Tax credit range will range between five thousand to twenty-five
thousand dollars.

Section 2: The adoption of a new clause (xli) in section 606 of the
tax law, specifying preceded amendment.

Section 3: Amendment to section 606 of the tax law, detailing the
components of the business tax credit for the employment of disabled
persons in a company of one hundred employees or less.

Section 4: The effective date.

 JUSTIFICATION :

With the struggles one experiences in today's economy, it is a
continuous uphill battle to seek and retain viable employment.
Disabled persons, by far, face unprecedented challenges. A 2004 Harris
poll cited disabled persons are nearly twice as likely as people
without disabilities to have an annual household income of $15,000 or
less. According to a 2009 Bureau of Labor Statistics study, the
unemployment rate of persons with a disability was fifteen percent,
compared to nine percent for those without a disability.  Further, a
2006 disability status report published by Cornell University
determined twenty-two percent of persons with disabilities are
employed full-time, compared to fifty-seven percent of persons without
disabilities. There are also income discrepancies: a median salary of
$65,000 for persons without disabilities, compared to a $36,000 median
salary for persons with disabilities.

To stimulate employment for their services, a tax credit is being
proposed to small business owners that retain disabled persons within
their company for twelve months or more at a minimum of thirty-five
hours of employment per a week. Their services will contribute to the
economic growth of New York State, create greater awareness of their
overlooked skills, and establish fairness with confidence.

 PRIOR LEGISLATIVE HISTORY :

2014-2013: S. 1907A - Referred to Investigations and Government
Operations.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately and apply to taxable years
beginning on or after January 1, 2017.

2015-S4093A - Bill Text download pdf

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

                                 4093--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sens. ADDABBO, COMRIE, DILAN, ESPAILLAT, PARKER, PERKINS
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations -- recommit-
  ted to the Committee on Investigations and  Government  Operations  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the tax law, in relation to establishing a small busi-
  ness tax credit for the employment of disabled persons

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

  Section  1.  Section  210-B  of the tax law is amended by adding a new
subdivision 49 to read as follows:
  49. SMALL BUSINESS  TAX  CREDIT;  DISABLED  PERSONS.  (A)  GENERAL.  A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT,  TO  BE  COMPUTED  AS  PROVIDED IN THIS SUBDIVISION, AGAINST THE TAX
IMPOSED BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A  TAXABLE
YEAR,  PROVIDED  THAT  SUCH  DISABLED PERSON IS EMPLOYED FOR THIRTY-FIVE
HOURS OR MORE PER WEEK AND REMAINS IN THE EMPLOY OF  SUCH  TAXPAYER  FOR
TWELVE MONTHS OR MORE.
  (B)  AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL EQUAL
FIVE THOUSAND DOLLARS PER HIRED DISABLED PERSON  BUT  SHALL  NOT  EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (C)  CARRYOVERS.  THE  CREDIT  ALLOWED  UNDER  THIS SUBDIVISION MAY BE
CLAIMED AND IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH  THE  CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBDIVISION MAY NOT BE USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (D)  DEFINITIONS.  AS  USED  IN  THIS  SUBDIVISION, THE TERM "DISABLED
PERSON" SHALL MEAN A PERSON WHO SUFFERS FROM  ANY  PHYSICAL,  MENTAL  OR
MEDICAL  IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03112-02-6

S. 4093--A                          2

NEUROLOGICAL CONDITIONS WHICH PREVENTS THE EXERCISE OF A  NORMAL  BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding  a  new  clause  (xli)  to  read  as
follows:
(XLI) SMALL BUSINESS TAX CREDIT;     COSTS UNDER SUBDIVISION
DISABLED PERSONS                     FORTY-NINE OF SECTION
SUBSECTION (CCC)                     TWO HUNDRED TEN-B
  S 3.  Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC)  SMALL  BUSINESS  TAX  CREDIT;  DISABLED PERSONS. (1) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED  IN  THIS  SUBSECTION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (2) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (3) CARRYOVERS. THE  CREDIT  ALLOWED  UNDER  THIS  SUBSECTION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBSECTION MAY NOT BE  USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (4)  DEFINITIONS.  AS  USED  IN  THIS  SUBSECTION,  THE TERM "DISABLED
PERSON" SHALL MEAN A PERSON WHO SUFFERS FROM  ANY  PHYSICAL,  MENTAL  OR
MEDICAL  IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR
NEUROLOGICAL CONDITIONS WHICH PREVENTS THE EXERCISE OF A  NORMAL  BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2017.

co-Sponsors

View additional co-sponsors

2015-S4093B - Details

See Assembly Version of this Bill:: A5513
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4107, A8385
2013-2014: S1907, A570
2017-2018: S3688, A1369
2019-2020: S5545, A7475

2015-S4093B - Summary

Establishes a small business tax credit for the employment of disabled persons.

2015-S4093B - Sponsor Memo

                                 BILL NUMBER:  S4093B

 TITLE OF BILL :

An act to amend the tax law, in relation to establishing a small
business tax credit for the employment of disabled persons

 PURPOSE OR GENERAL IDEA OF BILL :

To stimulate employment of disabled persons and retain their services.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amendment to section 210-B, subdivision 49 of the tax law,
for the providence of a business tax credit for the employer in
regards to the employment of disabled persons for the duration of
twelve months or more for a minimum of thirty-five hours per a week.
Tax credit range will range between five thousand to twenty-five
thousand dollars.

Section 2: The adoption of a new clause (xli) in section 606 of the
tax law, specifying preceded amendment.

Section 3: Amendment to section 606 of the tax law, detailing the
components of the business tax credit for the employment of disabled
persons in a company of one hundred employees or less.

Section 4: Establishes a $5 million cap on the credit each year.

Section 5: The effective date.

 JUSTIFICATION :

With the struggles one experiences in today's economy, it is a
continuous uphill battle to seek and retain viable employment.
Disabled persons, by far, face unprecedented challenges.  A 2004
Harris poll cited disabled persons are nearly twice as likely as
people without disabilities to have an annual household income of
$15,000 or less. According to a 2009 Bureau of Labor Statistics study,
the unemployment rate of persons with a disability was fifteen
percent, compared to nine percent for those without a disability.
Further, a 2006 disability status report published by Cornell
University determined twenty-two percent of persons with disabilities
are employed full-time, compared to fifty-seven percent of persons
without disabilities. There are also income discrepancies: a median
salary of $65,000 for persons without disabilities, compared to a
$36,000 median salary for persons with disabilities.

To stimulate employment for their services, a tax credit is being
proposed to small business owners that retain disabled persons within
their company for twelve months or more at a minimum of thirty-five
hours of employment per a week. Their services will contribute to the
economic growth of New York State, create greater awareness of their
overlooked skills, and establish fairness with confidence.

 PRIOR LEGISLATIVE HISTORY :

2014-2013: A.570-A - Died in Ways and Means/S.1907-A Died in
Investigations and Government Operations;
2012: A.8385-A - died in Ways and Means/S.4107-A - Died in
Investigations and Government Operations;
2011: A.8385-referred to Ways and Means.

 FISCAL IMPLICATIONS :

To be determined
 EFFECTIVE DATE :
This act shall take effect immediately and apply to taxable years
beginning on or after January 1, 2017.

2015-S4093B - Bill Text download pdf

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

                                 4093--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sens. ADDABBO, COMRIE, DILAN, ESPAILLAT, PARKER, PERKINS
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations -- recommit-
  ted to the Committee on Investigations and  Government  Operations  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to establishing a  small  busi-
  ness tax credit for the employment of disabled persons

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

  Section 1. Section 210-B of the tax law is amended  by  adding  a  new
subdivision 49 to read as follows:
  49.  SMALL  BUSINESS  TAX  CREDIT;  DISABLED  PERSONS.  (A) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED IN  THIS  SUBDIVISION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (C) CARRYOVERS. THE CREDIT  ALLOWED  UNDER  THIS  SUBDIVISION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBDIVISION MAY NOT BE USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (D) DEFINITIONS. AS USED  IN  THIS  SUBDIVISION,  THE  TERM  "DISABLED
PERSON"  SHALL  MEAN  A  PERSON WHO SUFFERS FROM ANY PHYSICAL, MENTAL OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03112-09-6

S. 4093--B                          2

MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC  OR
NEUROLOGICAL  CONDITIONS  WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  (E)  AGGREGATE  AMOUNT.  THE  AGGREGATE  AMOUNT OF TAX CREDITS ALLOWED
PURSUANT TO THE AUTHORITY OF THIS SUBDIVISION AND  SUBSECTION  (CCC)  OF
SECTION  SIX  HUNDRED  SIX OF THIS CHAPTER SHALL BE FIVE MILLION DOLLARS
EACH YEAR.  SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE ALLOCATED BY  THE
COMMISSIONER.    IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN
ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS  ALLOWED
FOR SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING
BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT YEAR.
  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new  clause  (xliii)  to  read  as
follows:
(XLIII) SMALL BUSINESS TAX CREDIT;   COSTS UNDER SUBDIVISION
DISABLED PERSONS UNDER               FORTY-NINE OF SECTION
SUBSECTION (CCC)                     TWO HUNDRED TEN-B
  S 3.  Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC)  SMALL  BUSINESS  TAX  CREDIT;  DISABLED PERSONS. (1) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED  IN  THIS  SUBSECTION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (2) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (3) CARRYOVERS. THE  CREDIT  ALLOWED  UNDER  THIS  SUBSECTION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBSECTION MAY NOT BE  USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (4)  DEFINITIONS.  AS  USED  IN  THIS  SUBSECTION,  THE TERM "DISABLED
PERSON" SHALL MEAN A PERSON WHO SUFFERS FROM  ANY  PHYSICAL,  MENTAL  OR
MEDICAL  IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR
NEUROLOGICAL CONDITIONS WHICH PREVENTS THE EXERCISE OF A  NORMAL  BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  (5)  AGGREGATE  AMOUNT.  THE  AGGREGATE  AMOUNT OF TAX CREDITS ALLOWED
PURSUANT TO THE AUTHORITY OF THIS SUBSECTION AND SUBDIVISION  FORTY-NINE
OF  SECTION  TWO  HUNDRED  TEN-B  OF  THIS CHAPTER SHALL BE FIVE MILLION
DOLLARS EACH YEAR. SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE  ALLOCATED
BY  THE  COMMISSIONER.  IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED
FOR IN ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF  TAX  CREDITS
ALLOWED  FOR  SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED
AS HAVING BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT YEAR.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2017.

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2015-S4093C (ACTIVE) - Details

See Assembly Version of this Bill:: A5513
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§210-B & 606, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4107, A8385
2013-2014: S1907, A570
2017-2018: S3688, A1369
2019-2020: S5545, A7475

2015-S4093C (ACTIVE) - Summary

Establishes a small business tax credit for the employment of disabled persons.

2015-S4093C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4093C

 TITLE OF BILL :

An act to amend the tax law, in relation to establishing a small
business tax credit for the employment of disabled persons

 PURPOSE OR GENERAL IDEA OF BILL :

To stimulate employment of disabled persons and retain their services.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amendment to section 210-B, subdivision 49 of the tax law,
for the providence of a business tax credit for the employer in
regards to the employment of disabled persons for the duration of
twelve months or more for a minimum of thirty-five hours per a week.
Tax credit range will range between five thousand to twenty-five
thousand dollars.

Section 2: The adoption of a new clause (xli) in section 606 of the
tax law, specifying preceded amendment.

Section 3: Amendment to section 606 of the tax law, detailing the
components of the business tax credit for the employment of disabled
persons in a company of one hundred employees or less and establishes

a $5 million cap on the credit each year. The bill also specifies that
a taxpayer shall not be allowed to claim this credit if the
calculation of this credit has been claimed for another tax credit.

Section 4: The effective date.

 JUSTIFICATION :

With the struggles one experiences in today's economy, it is a
continuous uphill battle to seek and retain viable employment.
Disabled persons, by far, face unprecedented challenges.  A 2004
Harris poll cited disabled persons are nearly twice as likely as
people without disabilities to have an annual household income of
$15,000 or less. According to a 2009 Bureau of Labor Statistics study,
the unemployment rate of persons with a disability was fifteen
percent, compared to nine percent for those without a disability.
Further, a 2006 disability status report published by Cornell
University determined twenty-two percent of persons with disabilities
are employed full-time, compared to fifty-seven percent of persons
without disabilities. There are also income discrepancies: a median
salary of $65,000 for persons without disabilities, compared to a
$36,000 median salary for persons with disabilities.

To stimulate employment for their services, a tax credit is being
proposed to small business owners that retain disabled persons within
their company for twelve months or more at a minimum of thirty-five
hours of employment per a week. Their services will contribute to the
economic growth of New York State, create greater awareness of their
overlooked skills, and establish fairness with confidence.

 PRIOR LEGISLATIVE HISTORY :

2014-2013: A.570-A - Died in Ways and Means/S.1907-A Died in
Investigations and Government Operations;

2012: A.8385-A - died in Ways and Means/S.4107-A - Died in
Investigations and Government Operations;

2011: A.8385-referred to Ways and Means.

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately and apply to taxable years
beginning on or after January 1, 2017.

2015-S4093C (ACTIVE) - Bill Text download pdf

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

                                 4093--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sens. ADDABBO, COMRIE, DILAN, ESPAILLAT, PARKER, PERKINS
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations -- recommit-
  ted to the Committee on Investigations and  Government  Operations  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the tax law, in relation to establishing a  small  busi-
  ness tax credit for the employment of disabled persons

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

  Section 1. Section 210-B of the tax law is amended  by  adding  a  new
subdivision 49 to read as follows:
  49.  SMALL  BUSINESS  TAX  CREDIT;  DISABLED  PERSONS.  (A) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED IN  THIS  SUBDIVISION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (B) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (C) CARRYOVERS. THE CREDIT  ALLOWED  UNDER  THIS  SUBDIVISION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBDIVISION MAY NOT BE USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03112-12-6

S. 4093--C                          2

  (D) DEFINITIONS. AS USED  IN  THIS  SUBDIVISION,  THE  TERM  "DISABLED
PERSON"  SHALL  MEAN  A  PERSON WHO SUFFERS FROM ANY PHYSICAL, MENTAL OR
MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC  OR
NEUROLOGICAL  CONDITIONS  WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  (E)  AGGREGATE  AMOUNT.  THE  AGGREGATE  AMOUNT OF TAX CREDITS ALLOWED
PURSUANT TO THE AUTHORITY OF THIS SUBDIVISION AND  SUBSECTION  (CCC)  OF
SECTION  SIX  HUNDRED  SIX OF THIS CHAPTER SHALL BE FIVE MILLION DOLLARS
EACH YEAR.  SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE ALLOCATED BY  THE
COMMISSIONER.    IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN
ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS  ALLOWED
FOR SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING
BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT YEAR.
  (F)  CLAIM  OF  CREDIT.  A TAXPAYER SHALL NOT BE ALLOWED TO CLAIM THIS
CREDIT TO THE EXTENT THE BASIS OF THE CALCULATION  OF  THIS  CREDIT  HAS
BEEN CLAIMED FOR ANOTHER TAX CREDIT UNDER THIS CHAPTER.
  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new  clause  (xliii)  to  read  as
follows:
(XLIII) SMALL BUSINESS TAX CREDIT;   AMOUNT OF CREDIT UNDER
DISABLED PERSONS UNDER               SUBDIVISION FORTY-NINE
SUBSECTION (CCC)                     OF SECTION TWO HUNDRED
                                     TEN-B
  S 3.  Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC)  SMALL  BUSINESS  TAX  CREDIT;  DISABLED PERSONS. (1) GENERAL. A
TAXPAYER WHO HAS ONE HUNDRED EMPLOYEES OR LESS, SHALL BE ALLOWED A CRED-
IT, TO BE COMPUTED AS PROVIDED  IN  THIS  SUBSECTION,  AGAINST  THE  TAX
IMPOSED  BY THIS ARTICLE FOR EACH DISABLED PERSON HIRED DURING A TAXABLE
YEAR, PROVIDED THAT SUCH DISABLED PERSON  IS  EMPLOYED  FOR  THIRTY-FIVE
HOURS  OR  MORE  PER WEEK AND REMAINS IN THE EMPLOY OF SUCH TAXPAYER FOR
TWELVE MONTHS OR MORE.
  (2) AMOUNT OF CREDIT. A CREDIT AUTHORIZED BY THIS SECTION SHALL  EQUAL
FIVE  THOUSAND  DOLLARS  PER  HIRED DISABLED PERSON BUT SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  (3) CARRYOVERS. THE  CREDIT  ALLOWED  UNDER  THIS  SUBSECTION  MAY  BE
CLAIMED  AND  IF NOT FULLY USED IN THE INITIAL YEAR FOR WHICH THE CREDIT
IS CLAIMED MAY BE CARRIED OVER, IN ORDER, TO EACH OF THE FIVE SUCCEEDING
TAXABLE YEARS. THE CREDIT AUTHORIZED BY THIS SUBSECTION MAY NOT BE  USED
TO REDUCE THE TAX LIABILITY OF THE CREDIT CLAIMANT BELOW ZERO.
  (4)  DEFINITIONS.  AS  USED  IN  THIS  SUBSECTION,  THE TERM "DISABLED
PERSON" SHALL MEAN A PERSON WHO SUFFERS FROM  ANY  PHYSICAL,  MENTAL  OR
MEDICAL  IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, GENETIC OR
NEUROLOGICAL CONDITIONS WHICH PREVENTS THE EXERCISE OF A  NORMAL  BODILY
FUNCTION OR IS DEMONSTRABLE BY MEDICALLY ACCEPTED CLINICAL OR LABORATORY
DIAGNOSTIC TECHNIQUES.
  (5)  AGGREGATE  AMOUNT.  THE  AGGREGATE  AMOUNT OF TAX CREDITS ALLOWED
PURSUANT TO THE AUTHORITY OF THIS SUBSECTION AND SUBDIVISION  FORTY-NINE
OF  SECTION  TWO  HUNDRED  TEN-B  OF  THIS CHAPTER SHALL BE FIVE MILLION
DOLLARS EACH YEAR. SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE  ALLOCATED
BY  THE  COMMISSIONER.  IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED
FOR IN ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF  TAX  CREDITS
ALLOWED  FOR  SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED
AS HAVING BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT YEAR.

S. 4093--C                          3

  (6) CLAIM OF CREDIT. A TAXPAYER SHALL NOT BE  ALLOWED  TO  CLAIM  THIS
CREDIT  TO  THE  EXTENT  THE BASIS OF THE CALCULATION OF THIS CREDIT HAS
BEEN CLAIMED FOR ANOTHER TAX CREDIT UNDER THIS CHAPTER.
  S 4. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2017.

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