Bill Text: NY S05744 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-05 - PRINT NUMBER 5744B [S05744 Detail]
Download: New_York-2019-S05744-Amended.html
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: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-05 - PRINT NUMBER 5744B [S05744 Detail]
Download: New_York-2019-S05744-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5744--A 2019-2020 Regular Sessions IN SENATE May 14, 2019 ___________ Introduced by Sens. BENJAMIN, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Budget and Reven- ue -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 a 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 54 to read as follows: 3 54. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11705-02-9S. 5744--A 2 1 overpayment of tax to be credited or refunded in accordance with the 2 provisions of section one thousand eighty-six of this chapter. Provided, 3 however, the provisions of subsection (c) of section one thousand eight- 4 y-eight of this chapter notwithstanding, no interest shall be paid ther- 5 eon. 6 (d) Credit recapture. For provisions requiring recapture of credit, 7 see section forty-four of this chapter. 8 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 9 of the tax law is amended by adding a new clause (xlv) to read as 10 follows: 11 (xlv) Employment of individuals Amount of credit 12 who have graduated from under subdivision 13 drug court or have fifty-four of section 14 successfully completed two hundred ten-B 15 a judicial diversion program 16 tax credit under 17 subsection (kkk) 18 § 3. Section 606 of the tax law is amended by adding a new subsection 19 (kkk) to read as follows: 20 (kkk) Tax credit for employment of individuals who have graduated from 21 drug court or have successfully completed a judicial diversion program. 22 (1) Allowance of credit. A taxpayer shall be allowed a credit, to be 23 computed as provided in this subdivision, against the tax imposed by 24 this article, if it employs an individual who has graduated from drug 25 court or who has successfully completed a judicial diversion program 26 pursuant to article two hundred sixteen of the criminal procedure law, 27 provided that such individual is employed for thirty-five hours or more 28 per week and remains in the employ of such taxpayer for twelve months. 29 (2) Amount of credit. A credit authorized by this section shall equal 30 three thousand dollars per hired individual for the first year of 31 employment and an additional one thousand dollars if the individual 32 remains in employ for an additional twelve months. 33 (3) Application of credit. The credit allowed under this subsection 34 for any taxable year shall not reduce the tax due for such year to less 35 than the higher of the amount prescribed in paragraphs (c) and (d) of 36 subdivision one of section two hundred ten-B of this chapter. If, 37 however, the amount of credits allowed under this subdivision for any 38 taxable year reduces the tax to such amount, any amount of credit thus 39 not deductible in such taxable year shall be treated as an overpayment 40 of tax to be credited or refunded in accordance with the provisions of 41 section one thousand eighty-six of this chapter. Provided, however, the 42 provisions of subsection (c) of section one thousand eighty-eight of 43 this chapter notwithstanding, no interest shall be paid thereon. 44 (4) Credit recapture. For provisions requiring recapture of credit, 45 see section forty-four of this chapter. 46 § 4. Section 1511 of the tax law is amended by adding a new subsection 47 (ee) to read as follows: 48 (ee) Credit for employment of individuals who have graduated from drug 49 court or have successfully completed a judicial diversion program. (1) 50 Allowance of credit. A taxpayer shall be allowed a credit, to be 51 computed as provided in this subsection, against the tax imposed by this 52 article, if it employs an individual who has graduated from drug court 53 or has successfully completed a judicial diversion program pursuant to 54 article two hundred sixteen of the criminal procedure law, provided that 55 such individual is employed for thirty-five hours or more per week and 56 remains in the employ of such taxpayer for a minimum of twelve months.S. 5744--A 3 1 (2) Amount of credit. A credit authorized by this section shall equal 2 three thousand dollars per hired individual for the first year of 3 employment and an additional one thousand dollars if the individual 4 remains in employ for an additional twelve months. 5 (3) Application of credit. The credit allowed under this subsection 6 shall not reduce the tax due for such year to be less than the minimum 7 fixed by paragraph four of subdivision (a) of section fifteen hundred 8 two or section fifteen hundred two-a of this article, whichever is 9 applicable. However, if the amount of the credit allowed under this 10 subsection for any taxable year reduces the taxpayer's tax of such 11 amount, any amount of credit thus not deductible will be treated as an 12 overpayment of tax to be credited or refunded in accordance with the 13 provisions of section one thousand eighty-six of this chapter. Provided, 14 however, the provisions of subsection (c) of one thousand eighty-eight 15 of this chapter notwithstanding, no interest shall be paid thereon. 16 (4) Credit recapture. For provisions requiring recapture of credit, 17 see section forty-four of this chapter. 18 § 5. This act shall take effect immediately and shall apply to taxable 19 years beginning on or after January 1, 2020 and to employees hired on or 20 after January 1, 2020.