Senate Bill S6793

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6793--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on Investigations and Government Operations in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the tax law, in relation to minimum  wage  reimbursement
   credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 38 of the tax law, as added by section 1 of part EE
 of chapter 59 of the laws of 2013, is renumbered section 44 and subdivi-
 sions (b) and (c) are amended to read as follows:
   (b) An eligible employer is a corporation  (including  a  New  York  S
 corporation),  a  sole  proprietorship, a limited liability company or a
 partnership. [An] FOR TAXABLE  YEARS  BEGINNING  ON  AND  AFTER  JANUARY
 FIRST,  TWO  THOUSAND  FOURTEEN  AND  BEFORE JANUARY FIRST, TWO THOUSAND
 EIGHTEEN, AN eligible employee is an individual who is (i)  employed  by
 an  eligible  employer  in New York state, (ii) paid at the minimum wage
 rate as defined in article nineteen of the labor law during the  taxable
 year  by  the  eligible  employer, (iii) between the ages of sixteen and
 nineteen during the period in which he or she is paid  at  such  minimum
 wage rate by the eligible employer, and (iv) a student during the period
 in  which  he  or she is paid at such minimum wage rate by the taxpayer.
 FOR TAXABLE YEARS BEGINNING ON AND AFTER  JANUARY  FIRST,  TWO  THOUSAND
 EIGHTEEN,  AN  ELIGIBLE EMPLOYEE IS AN INDIVIDUAL WHO IS (I) EMPLOYED BY
 AN ELIGIBLE EMPLOYER IN NEW YORK STATE, (II) PAID AT A  RATE  THAT  DOES
 NOT  EXCEED  THE MINIMUM WAGE RATE AS DEFINED IN ARTICLE NINETEEN OF THE
 LABOR LAW PLUS FIFTY CENTS DURING  THE  TAXABLE  YEAR  BY  THE  ELIGIBLE
 EMPLOYER,  (III)  BETWEEN  THE  AGES  OF SIXTEEN AND NINETEEN DURING THE
 PERIOD IN WHICH HE OR SHE IS PAID AT SUCH RATE THAT DOES NOT EXCEED SUCH
 MINIMUM WAGE RATE PLUS FIFTY CENTS BY THE ELIGIBLE EMPLOYER, AND (IV)  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13266-02-7

 S. 6793--A                          2
 
 STUDENT  DURING  THE PERIOD IN WHICH HE OR SHE IS PAID AT SUCH RATE THAT
 DOES NOT EXCEED SUCH MINIMUM WAGE RATE PLUS FIFTY CENTS BY THE TAXPAYER.
   (c)  For  taxable years beginning on or after January first, two thou-
 sand fourteen and before January first, two thousand fifteen, the amount
 of the credit allowed under this section shall be equal to  the  product
 of  the total number of hours worked during the taxable year by eligible
 employees for which they were paid at the minimum wage rate  as  defined
 in  article  nineteen  of  the labor law and [seventy five] SEVENTY-FIVE
 cents. For taxable years beginning on or after January first, two  thou-
 sand  fifteen and before January first, two thousand sixteen, the amount
 of the credit allowed under this section shall be equal to  the  product
 of  the total number of hours during the taxable year worked by eligible
 employees for which they were paid at such minimum  wage  rate  and  one
 dollar  and  thirty-one  cents.  For taxable years beginning on or after
 January first, two thousand sixteen and before January first, two  thou-
 sand  [nineteen]  EIGHTEEN,  the amount of the credit allowed under this
 section shall be equal to the product  of  the  total  number  of  hours
 during the taxable year worked by eligible employees for which they were
 paid at such minimum wage rate and one dollar and thirty-five cents. FOR
 TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN
 AND  BEFORE  JANUARY  FIRST,  TWO THOUSAND TWENTY-ONE, THE AMOUNT OF THE
 CREDIT ALLOWED UNDER THIS SECTION SHALL BE EQUAL TO THE PRODUCT  OF  THE
 TOTAL NUMBER OF HOURS DURING THE TAXABLE YEAR WORKED BY ELIGIBLE EMPLOY-
 EES FOR WHICH THEY WERE PAID AT A RATE THAT DOES NOT EXCEED SUCH MINIMUM
 WAGE  RATE  PLUS  FIFTY  CENTS  AND  ONE  DOLLAR  AND THIRTY-FIVE CENTS.
 Provided, however, if the federal minimum wage  established  by  federal
 law  pursuant  to  29  U.S.C. section 206 or its successors is increased
 above eighty-five percent of the minimum wage in article nineteen of the
 labor law, the dollar amounts in this subdivision shall  be  reduced  to
 the difference between the minimum wage in article nineteen of the labor
 law  and  the federal minimum wage.  Such reduction would take effect on
 the date that employers are required to pay such federal minimum wage.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2018.