Requires entities receiving a certain tax exemption to utilize New York State residents as at least eighty-five percent of its workforce during the course of a project for which the exemption is claimed.
TITLE OF BILL: An act to amend the real property tax law, in relation to the employment of New York state residents by entities receiving certain tax breaks
PURPOSE: The purpose of this bill is to exclude those business entities that are otherwise eligible to receive the business investment tax exemption, from receiving such exemption unless eighty-five percent of their employees reside in New York State. This exclusion may be waived in circumstances in which suitable employees axe unavailable in New York State.
SUMMARY OF PROVISIONS: This bill amends Section 485-B, subdivision (13) of the Real Property Tax Law by adding a new subdivision (13), which would exclude certain business entities, which fail to maintain a staff of employees, eighty-five percent of whom are residents of New York State, from receiving a business investment tax exemption.
JUSTIFICATION: In order to promote the employment of workers who reside in New York State, business entities, which are eligible to receive the business investment tax exemption, should be required to retain a staff of which at least eighty-five percent are New York State residents.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the 90th day after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 1814 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. ESPAILLAT, CARLUCCI -- read twice and ordered print- ed, and when printed to be committed to the Committee on Local Govern- ment AN ACT to amend the real property tax law, in relation to the employment of New York state residents by entities receiving certain tax breaks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 13 of section 485-b of the real property tax law, as renumbered by chapter 305 of the laws of 1994, is renumbered subdivision 14 and a new subdivision 13 is added to read as follows: 13. (A) ANY ENTITY SHALL NOT BE ENTITLED TO RECEIVE THE EXEMPTION PROVIDED BY THIS SECTION UNLESS AT LEAST EIGHTY-FIVE PERCENT OF ITS EMPLOYEES ARE RESIDENTS OF THIS STATE OR THE ENTITY FALLS WITHIN AN EXCEPTION LISTED IN PARAGRAPH (B) OF THIS SUBDIVISION. (B) AN ENTITY MAY RECEIVE THE EXEMPTION PROVIDED BY THIS SECTION WITH A WORKFORCE WHERE LESS THAN EIGHTY-FIVE PERCENT OF THE EMPLOYEES ARE RESIDENTS OF THIS STATE IF IT CAN SHOW THAT: (I) IT MADE DILIGENT EFFORTS TO HIRE RESIDENT EMPLOYEES, BUT NO SUCH EMPLOYEES EXISTED OR WERE QUALIFIED FOR THE EMPLOYMENT POSITION; OR (II) THE EMPLOYMENT POSITION REQUIRES SPECIALIZED TALENTS THAT CAN ONLY BE FILLED BY INDIVIDUALS WHO HAPPEN TO RESIDE OUTSIDE THIS STATE. S 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to any exemption claimed on or after such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04988-01-3