STATE OF NEW YORK
        ________________________________________________________________________
                                          7008
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Ways and Means
        AN ACT to amend the tax law, in relation to establishing business  fran-
          chise  and  personal  income  tax credits for certain businesses which
          contract with the state or political subdivisions thereof and in unre-
          lated contracts, also with minority and  women-owned  business  enter-
          prises
          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 28 to read as follows:
     3    28. Minority and women-owned business employment incentive credit. (a)
     4  General.  A  taxpayer  shall  be  allowed  a  credit,  to be computed as
     5  provided in this subdivision, against the tax imposed  by  this  article
     6  for  a certain portion of the consideration paid to a minority or women-
     7  owned business enterprise pursuant to a contract for  the  provision  of
     8  goods  or services. The credit provided for in this subdivision shall be
     9  allowed with respect to the tax year in which the consideration is  paid
    10  to the minority or women-owned business enterprise.
    11    (b)  Definitions.  For the purposes of this subdivision, the following
    12  terms shall mean:
    13    (i) "Government agency" means a state agency or a state  authority  as
    14  defined in subdivision eleven of section three hundred ten of the execu-
    15  tive  law,  or  a political subdivision as defined in subdivision one of
    16  section one hundred of the general municipal law.
    17    (ii) "Minority or women-owned business enterprise" means  a  minority-
    18  owned  business  enterprise  as  defined in subdivision seven of section
    19  three hundred ten of the executive law or a women-owned business  enter-
    20  prise  as defined in subdivision fifteen of section three hundred ten of
    21  the executive law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04724-01-9

        A. 7008                             2
     1    (c) Computation. The credit authorized by this  subdivision  shall  be
     2  equal to one-third of all expenditures paid by the taxpayer to a minori-
     3  ty  or  women-owned  business  enterprise pursuant to a contract for the
     4  provision of goods and services during the tax year, provided that  such
     5  contract  was  not subject to the provisions of article fifteen-A of the
     6  executive law or any other provision of law relating to the  affirmative
     7  action,  and  the  taxpayer  is  not  a minority or women-owned business
     8  enterprise.  Furthermore, the amount of such  credit  shall  not  exceed
     9  five  percent  of  all consideration paid to the taxpayer during the tax
    10  year pursuant to contracts with government agencies for the provision of
    11  goods or services.
    12    § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
    13  of  the  tax  law  is  amended  by adding a new clause (xliv) to read as
    14  follows:
    15  (xliv) Minority and                  Amount of credit
    16  women-owned business                 under subdivision
    17  employment incentive                 twenty-eight of
    18  credit under                         section two
    19  subsection (jjj)                     hundred ten-B
    20    § 3. Section 606 of the tax law is amended by adding a new  subsection
    21  (jjj) to read as follows:
    22    (jjj)  Minority  and women-owned business employment incentive credit.
    23  (1) General. A taxpayer shall be allowed a  credit  to  be  computed  as
    24  provided in this subsection, against the tax imposed by this article for
    25  a certain portion of the consideration paid to a minority or women-owned
    26  business enterprise pursuant to a contract for the provision of goods or
    27  services.    The credit provided for in this subsection shall be allowed
    28  with respect to the tax year in which the consideration is paid  to  the
    29  minority or women-owned business enterprise.
    30    (2)  Definitions.  For  the purposes of this subsection, the following
    31  terms shall mean:
    32    (i) "Government agency" means a state agency or a state  authority  as
    33  defined in subdivision eleven of section three hundred ten of the execu-
    34  tive  law,  or  a political subdivision as defined in subdivision one of
    35  section one hundred of the general municipal law.
    36    (ii) "Minority or women-owned business enterprise" means  a  minority-
    37  owned  business  enterprise  as  defined in subdivision seven of section
    38  three hundred ten of the executive law or a women-owned business  enter-
    39  prise  as defined in subdivision fifteen of section three hundred ten of
    40  the executive law.
    41    (3) Computation. The credit authorized by  this  subsection  shall  be
    42  equal to one-third of all expenditures paid by the taxpayer to a minori-
    43  ty  or  women-owned  business  enterprise pursuant to a contract for the
    44  provision of goods and services during the tax year, provided that  such
    45  contract  was  not subject to the provisions of article fifteen-A of the
    46  executive law or any other provision  of  law  relating  to  affirmative
    47  action,  and  the  taxpayer  is  not  a minority or women-owned business
    48  enterprise.  Furthermore, the amount of such  credit  shall  not  exceed
    49  five  percent  of  all consideration paid to the taxpayer during the tax
    50  year pursuant to contracts with government agencies for the provision of
    51  goods or services.
    52    § 4. This act shall take effect on the first of January next  succeed-
    53  ing  the date on which it shall have become a law and shall apply to tax
    54  years commencing on or after such date.