Bill Text: NY A00103 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a tax credit for employment of an individual who has successfully completed a judicial diversion substance abuse treatment program or graduated from drug court.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A00103 Detail]

Download: New_York-2019-A00103-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           103
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Ways and Means
        AN ACT to amend the tax law, in relation to a tax credit for  employment
          of  an  individual who has successfully completed a judicial diversion
          program or graduated from drug court
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  210-B  of the tax law is amended by adding a new
     2  subdivision 53 to read as follows:
     3    53. Credit for employment of individuals who have graduated from  drug
     4  court  or  have successfully completed a judicial diversion program. (a)
     5  Allowance of credit. A  taxpayer  shall  be  allowed  a  credit,  to  be
     6  computed  as  provided  in  this subdivision, against the tax imposed by
     7  this article, if it employs an individual who has  graduated  from  drug
     8  court  or has successfully completed a judicial diversion program pursu-
     9  ant to article two  hundred  sixteen  of  the  criminal  procedure  law,
    10  provided  that such individual is employed for thirty-five hours or more
    11  per week and remains in the employ of such taxpayer  for  a  minimum  of
    12  twelve months.
    13    (b)  Amount of credit. A credit authorized by this section shall equal
    14  three thousand dollars per  hired  individual  for  the  first  year  of
    15  employment  and  an  additional  one  thousand dollars if the individual
    16  remains in employ for an additional twelve months.
    17    (c) Application of credit. The credit allowed under  this  subdivision
    18  for  any taxable year shall not reduce the tax due for such year to less
    19  than the amount prescribed in paragraph (d) of subdivision one  of  this
    20  section.  If, however, the amount of credits allowed under this subdivi-
    21  sion for any taxable year reduces the tax to such amount, any amount  of
    22  credit  thus  not deductible in such taxable year shall be treated as an
    23  overpayment of tax to be credited or refunded  in  accordance  with  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01846-01-9

        A. 103                              2
     1  provisions of section one thousand eighty-six of this chapter. Provided,
     2  however, the provisions of subsection (c) of section one thousand eight-
     3  y-eight of this chapter notwithstanding, no interest shall be paid ther-
     4  eon.
     5    §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
     6  of the tax law is amended by adding a  new  clause  (xliv)  to  read  as
     7  follows:
     8    (xliv) Employment of individuals    Amount of credit
     9    who have graduated from             under subdivision
    10    drug court or have                  fifty-three of section
    11    successfully completed              two hundred ten-B
    12    a judicial diversion program
    13    tax credit under
    14    subsection (jjj)
    15    §  3. Section 606 of the tax law is amended by adding a new subsection
    16  (jjj) to read as follows:
    17    (jjj) Tax credit for employment of individuals who have graduated from
    18  drug court or have successfully completed a judicial diversion  program.
    19  (1)  Allowance  of  credit.  A taxpayer shall be allowed a credit, to be
    20  computed as provided in this subsection, against the tax imposed by this
    21  article, if it employs an individual who has graduated from  drug  court
    22  or  who has successfully completed a judicial diversion program pursuant
    23  to article two hundred sixteen of the criminal procedure  law,  provided
    24  that  such individual is employed for thirty-five hours or more per week
    25  and remains in the employ of such taxpayer for twelve months.
    26    (2) Amount of credit. A credit authorized by this section shall  equal
    27  three  thousand  dollars  per  hired  individual  for  the first year of
    28  employment and an additional one  thousand  dollars  if  the  individual
    29  remains in employ for an additional twelve months.
    30    (3)  Application  of  credit. The credit allowed under this subsection
    31  for any taxable year shall not reduce the tax due for such year to  less
    32  than  the  higher  of the amount prescribed in paragraphs (c) and (d) of
    33  subdivision one of section two hundred  ten-B  of  this  chapter.    If,
    34  however,  the  amount  of credits allowed under this subdivision for any
    35  taxable year reduces the tax to such amount, any amount of  credit  thus
    36  not  deductible  in such taxable year shall be treated as an overpayment
    37  of tax to be credited or refunded in accordance with the  provisions  of
    38  section  one thousand eighty-six of this chapter. Provided, however, the
    39  provisions of subsection (c) of section  one  thousand  eighty-eight  of
    40  this chapter notwithstanding, no interest shall be paid thereon.
    41    §  4.  This  act  shall take effect immediately and shall be deemed to
    42  have been in full force and effect on the same date as part A of chapter
    43  59 of the laws of 2014 took effect and  shall  apply  to  taxable  years
    44  beginning  on and after January 1, 2021 and shall apply to those employ-
    45  ees hired after this act shall take effect.
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