- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A07475 Summary:
BILL NO | A07475 |
  | |
SAME AS | SAME AS UNI. S05545 |
  | |
SPONSOR | Cusick |
  | |
COSPNSR | Lupardo, Blankenbush, Colton, Weprin, Stern, Walsh, Hunter, Mosley, Buttenschon, Otis, Santabarbara, Reilly, Seawright, Fall |
  | |
MLTSPNSR | |
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Amd §§210-B & 606, Tax L; add §25-d, Lab L | |
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Establishes a small business tax credit for the employment of disabled persons. |
A07475 Actions:
BILL NO | A07475 | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/06/2019 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
05/14/2019 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2019 | advanced to third reading cal.363 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2019 | REFERRED TO BUDGET AND REVENUE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | SUBSTITUTED FOR S5545 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | 3RD READING CAL.1390 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2019 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
11/08/2019 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
11/20/2019 | vetoed memo.141 | |||||||||||||||||||||||||||||||||||||||||||||||||
11/20/2019 | tabled |
A07475 Committee Votes:
Weinstein | Aye | Barclay | Aye | ||||||
Lentol | Aye | Crouch | Aye | ||||||
Schimminger | Aye | Fitzpatrick | Aye | ||||||
Gantt | Excused | Hawley | Aye | ||||||
Glick | Aye | Malliotakis | Aye | ||||||
Nolan | Aye | Montesano | Aye | ||||||
Pretlow | Aye | Ra | Aye | ||||||
Perry | Excused | Blankenbush | Aye | ||||||
Colton | Aye | Palmesano | Aye | ||||||
Cook | Aye | Norris | Aye | ||||||
Cahill | Aye | ||||||||
Aubry | Aye | ||||||||
Thiele | Aye | ||||||||
Cusick | Excused | ||||||||
Ortiz | Aye | ||||||||
Benedetto | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Aye | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Simotas | Aye | ||||||||
Dinowitz | Aye | ||||||||
Miller | Aye | ||||||||
Go to top
A07475 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
ER
Giglio
Yes
Magnarelli
ER
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
ER
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
ER
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
ER
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
ER
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A07475 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ S. 5545 A. 7475 2019-2020 Regular Sessions SENATE - ASSEMBLY May 6, 2019 ___________ IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Budget and Revenue IN ASSEMBLY -- Introduced by M. of A. CUSICK, LUPARDO, BLANKENBUSH, COLTON, WEPRIN, STERN, WALSH -- read once and referred to the Commit- tee on Ways and Means AN ACT to amend the tax law and the labor law, in relation to establish- ing a small business tax credit for the employment of disabled persons; and providing for the repeal of such provisions upon expira- tion thereof 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. Small business tax credit; disabled persons. (a) General. A 4 taxpayer who has one hundred employees or less, shall be allowed a cred- 5 it, to be computed as provided in this subdivision, against the tax 6 imposed by this article for each disabled person hired during a taxable 7 year, provided that such disabled person is employed for thirty-five 8 hours or more per week, remains in the employ of such taxpayer for six 9 months or more and the employer submits verification that the claimed 10 employees meet the statutory definition of "disabled person" pursuant to 11 paragraph (d) of this subdivision. 12 (b) Amount of credit. A credit authorized by this section shall equal 13 five thousand dollars per hired disabled person but shall not exceed 14 twenty-five thousand dollars. 15 (c) Carryovers. The credit allowed under this subdivision for any 16 taxable year shall not reduce the tax due for such year to less than the 17 amount prescribed in paragraph (d) of subdivision one of section two 18 hundred ten of this article. However, if the amount of credit allowable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10946-03-9S. 5545 2 A. 7475 1 under this subdivision for any taxable year reduces the tax to such 2 amount or if the taxpayer otherwise pays tax based on the fixed dollar 3 minimum amount, any amount of credit not deductible in such taxable year 4 may be carried over to the following three years and may be deducted 5 from the taxpayer's tax for such year or years. 6 (d) Definitions. As used in this subdivision, the term "disabled 7 person" shall mean a resident of the state who has any physical, mental 8 or medical impairment resulting from anatomical, physiological, genetic 9 or neurological conditions which prevents the exercise of a normal bodi- 10 ly function or is demonstrable by medically accepted clinical or labora- 11 tory diagnostic techniques. 12 (e) Aggregate amount. The aggregate amount of tax credits allowed 13 pursuant to the authority of this subdivision and subsection (kkk) of 14 section six hundred six of this chapter shall be five million dollars 15 each year. Such aggregate amounts of credits shall be allocated by the 16 commissioner. If the total amount of allocated credits applied for in 17 any particular year exceeds the aggregate amount of tax credits allowed 18 for such year under this section, such excess shall be treated as having 19 been applied for on the first day of the subsequent year. 20 (f) Claim of credit. A taxpayer shall not be allowed to claim this 21 credit to the extent the basis of the calculation of this credit has 22 been claimed for another tax credit under this chapter. 23 § 2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 24 of the tax law is amended by adding a new clause (xlv) to read as 25 follows: 26 (xlv) Small business tax credit; Amount of credit under 27 disabled persons under subdivision fifty-four 28 subsection (kkk) of section two hundred 29 ten-B 30 § 3. Section 606 of the tax law is amended by adding a new subsection 31 (kkk) to read as follows: 32 (kkk) Small business tax credit; disabled persons. (1) General. A 33 taxpayer who has one hundred employees or less, shall be allowed a cred- 34 it, to be computed as provided in this subsection, against the tax 35 imposed by this article for each disabled person hired during a taxable 36 year, provided that such disabled person is employed for thirty-five 37 hours or more per week, remains in the employ of such taxpayer for six 38 months or more and the employer submits verification that the claimed 39 employees have met the statutory definition of "disabled person" pursu- 40 ant to paragraph four of this subsection. 41 (2) Amount of credit. A credit authorized by this section shall equal 42 five thousand dollars per hired disabled person but shall not exceed 43 twenty-five thousand dollars. 44 (3) Carryovers. The credit allowed under this subdivision for any 45 taxable year shall not reduce the tax due for such year to less than the 46 amount prescribed in paragraph (d) of subdivision one of section two 47 hundred ten of this article. However, if the amount of credit allowable 48 under this subdivision for any taxable year reduces the tax to such 49 amount or if the taxpayer otherwise pays tax based on the fixed dollar 50 minimum amount, any amount of credit not deductible in such taxable year 51 may be carried over to the following three years and may be deducted 52 from the taxpayer's tax for such year or years. 53 (4) Definitions. As used in this subsection, the term "disabled 54 person" shall mean a resident of the state who has any physical, mental 55 or medical impairment resulting from anatomical, physiological, genetic 56 or neurological conditions which prevents the exercise of a normal bodi-S. 5545 3 A. 7475 1 ly function or is demonstrable by medically accepted clinical or labora- 2 tory diagnostic techniques. 3 (5) Aggregate amount. The aggregate amount of tax credits allowed 4 pursuant to the authority of this subsection and subdivision fifty-four 5 of section two hundred ten-B of this chapter shall be five million 6 dollars each year. Such aggregate amounts of credits shall be allocated 7 by the commissioner. If the total amount of allocated credits applied 8 for in any particular year exceeds the aggregate amount of tax credits 9 allowed for such year under this section, such excess shall be treated 10 as having been applied for on the first day of the subsequent year. 11 (6) Claim of credit. A taxpayer shall not be allowed to claim this 12 credit to the extent the basis of the calculation of this credit has 13 been claimed for another tax credit under this chapter. 14 § 4. The labor law is amended by adding a new section 25-d to read as 15 follows: 16 § 25-d. Power to administer the small business tax credit for disabled 17 persons tax credit program. (a) The commissioner is authorized to estab- 18 lish and administer the small business tax credit for disabled persons 19 to provide tax incentives to small business employers for employing 20 individuals with disabilities. The commissioner is authorized to allo- 21 cate up to five million dollars of tax credits annually. 22 (b) Definitions. (1) The term "qualified employer" means an employer 23 that has been certified by the commissioner to participate in the small 24 business tax credit for disabled persons tax credit program and that 25 employs one or more qualified employees. 26 (2) The term "qualified employee" means an individual: 27 (i) who has any physical, mental or medical impairment resulting from 28 anatomical, physiological, genetic or neurological conditions which 29 prevents the exercise of a normal bodily function or is demonstrable by 30 medically accepted clinical or laboratory diagnostic techniques; 31 (ii) who has worked for the qualified employer in a full-time or part- 32 time position that pays wages that are equivalent to the wages paid for 33 similar jobs, with appropriate adjustments for experience and training, 34 and for which no other employee has been terminated, or where the 35 employer has not otherwise reduced its workforce by involuntary termi- 36 nations with the intention of filling the vacancy by creating a new 37 hire; 38 (iii) who has not worked for an entity related to the qualified 39 employer in the past twenty-four months; and 40 (iv) is employed in New York at a location in New York state. 41 (c) A qualified employer shall be entitled to a tax credit. The tax 42 credits shall be claimed by the qualified employer as specified in 43 subdivision fifty-four of section two hundred ten-B and subsection (kkk) 44 of section six hundred six of the tax law. 45 (d) To participate in the small business tax credit for disabled 46 persons tax credit program, an employer must submit an application (in a 47 form prescribed by the commissioner) to the commissioner. The commis- 48 sioner shall establish guidelines that specify requirements for employ- 49 ers to participate in the program including criteria for certifying 50 qualified employees. Any regulations that the commissioner determines 51 are necessary may be adopted on an emergency basis notwithstanding 52 anything to the contrary in section two hundred two of the state admin- 53 istrative procedure act. Such requirements may include the types of 54 industries that the employers are engaged in. 55 (e) If, after reviewing the application submitted by an employer, the 56 commissioner determines that such employer is eligible to participate inS. 5545 4 A. 7475 1 the small business tax credit for disabled persons tax credit program, 2 the commissioner shall issue the employer a preliminary certificate of 3 eligibility that establishes the employer as a qualified employer. The 4 certificate of eligibility shall specify the maximum amount of small 5 business tax credit for disabled persons that the employer will be 6 allowed to claim. At the end of the taxable year, a qualified employer 7 must obtain a final certificate of eligibility from the commissioner to 8 file with a return claiming the credit. The final certificate must 9 contain the certificate's taxable year to which the credit applies, the 10 maximum amount of the credit allowed, the qualified employer's name and 11 employer identification number, the employer's business address where 12 the claimed employees were employed, the social security numbers of 13 claimed employees and their hire and termination dates, verification 14 that the claimed employees have met the statutory definition of "quali- 15 fied employee", and each employee's total hours worked each quarter, 16 hourly wage, and full-time or part-time status. 17 § 5. This act shall take effect immediately and shall apply to taxable 18 years beginning on or after January 1, 2020 and shall expire and be 19 deemed repealed December 31, 2025.