S T A T E   O F   N E W   Y O R K
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                                  7417

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2015
                               ___________

Introduced by M. of A. CUSICK, ABBATE, COLTON, GUNTHER, JAFFEE, LUPARDO,
  MAGNARELLI,  ROBINSON,  ROSENTHAL, RUSSELL, TITONE, CAHILL, ZEBROWSKI,
  BRENNAN, GALEF, BARRETT, BRINDISI, SANTABARBARA -- Multi-Sponsored  by
  --  M.  of  A. MAGEE, SCHIMEL, SIMANOWITZ -- read once and referred to
  the Committee on Ways and Means

AN ACT to amend the tax law, in relation to enacting the "hire  veterans
  now act"; 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:

  Section 1. This act shall be known and  may  be  cited  as  the  "hire
veterans now act".
  S  2. Section 210-B of the tax law is amended by adding a new subdivi-
sion 29-a to read as follows:
  29-A.  CREDIT FOR HIRING UNEMPLOYED VETERANS. (A) A TAXPAYER SHALL  BE
ALLOWED  A  CREDIT,  TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST THE
TAX IMPOSED BY THIS ARTICLE, FOR HIRING QUALIFIED  INDIVIDUALS  AND  FOR
THE RETENTION OF SUCH INDIVIDUALS FOR A PERIOD OF ONE YEAR.
  (B)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (1) "QUALIFIED EMPLOYER" MEANS ANY EMPLOYER OTHER  THAN  THE  FEDERAL,
STATE OR LOCAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF;
  (2) "QUALIFIED INDIVIDUAL" MEANS ANY INDIVIDUAL RESIDING IN THIS STATE
WHO:
  (A)  IS  A  VETERAN  AS  DEFINED IN SUBDIVISION THREE OF SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW;
  (B) BEGINS EMPLOYMENT WITH A QUALIFIED EMPLOYER AFTER  JANUARY  FIRST,
TWO THOUSAND FIFTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN;
  (C)  CERTIFIES  BY A SIGNED AFFIDAVIT, UNDER THE PENALTIES OF PERJURY,
THAT SUCH INDIVIDUAL HAS NOT BEEN EMPLOYED FOR  MORE  THAN  FORTY  HOURS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10622-01-5

              

A. 7417                             2

DURING  THE  SIXTY  DAY PERIOD ENDING ON THE DATE SUCH INDIVIDUAL BEGINS
SUCH EMPLOYMENT; AND
  (D)  IS  NOT  EMPLOYED  BY  THE  QUALIFIED EMPLOYER TO REPLACE ANOTHER
EMPLOYEE OF SUCH EMPLOYER UNLESS  SUCH  OTHER  EMPLOYEE  SEPARATED  FROM
EMPLOYMENT VOLUNTARILY OR FOR CAUSE;
  (3) "RETAINED WORKER" MEANS ANY QUALIFIED INDIVIDUAL:
  (A)  WHO  WAS  EMPLOYED BY THE TAXPAYER ON ANY DATE DURING THE TAXABLE
YEAR;
  (B) WHO WAS SO EMPLOYED BY THE TAXPAYER FOR A PERIOD OF NOT LESS  THAN
FIFTY-TWO CONSECUTIVE WEEKS;
  (C)  WAS  EMPLOYED  FULL  TIME, NOT LESS THAN THIRTY-FIVE HOURS A WEEK
DURING THE FIFTY-TWO CONSECUTIVE WEEKS PERIOD; AND
  (D) WHOSE WAGES FOR SUCH EMPLOYMENT DURING THE LAST  TWENTY-SIX  WEEKS
OF  SUCH  PERIOD  EQUALED  AT LEAST EIGHTY PERCENT OF SUCH WAGES FOR THE
FIRST TWENTY-SIX WEEKS FOR SUCH PERIOD.
  (C) THE AMOUNT OF  THE  CREDIT  SHALL  BE  ONE  THOUSAND  DOLLARS  PER
RETAINED WORKER. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXA-
BLE  YEAR  SHALL  NOT  REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D)  OF  SUBDIVI-
SION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE.  PROVIDED, HOWEVER,
THAT  IF  THE  AMOUNT  OF  CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY
TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT  OF  CREDIT  NOT
DEDUCTIBLE  IN  SUCH  TAXABLE  YEAR MAY BE CARRIED OVER TO THE FOLLOWING
YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH  YEAR
OR YEARS.
  S  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new  clause  (xliii)  to  read  as
follows:
(XLIII) CREDIT FOR HIRING            AMOUNT OF CREDIT UNDER SUBDIVISION
UNEMPLOYED VETERANS                  TWENTY-NINE-A OF SECTION TWO
                                     HUNDRED TEN-B
  S 4.  Section 606 of the tax law is amended by adding a new subsection
(eee) to read as follows:
  (EEE)  CREDIT  FOR  HIRING  UNEMPLOYED  VETERANS.  A TAXPAYER SHALL BE
ALLOWED A CREDIT AS HEREINAFTER PROVIDED, AGAINST  THE  TAX  IMPOSED  BY
THIS  ARTICLE,  FOR  THE  HIRING OF QUALIFIED INDIVIDUALS, AS DEFINED IN
SUBDIVISION TWENTY-NINE-A OF SECTION TWO HUNDRED TEN-B OF  THIS  CHAPTER
AND  THE  RETENTION  OF  SUCH  INDIVIDUALS FOR A PERIOD OF ONE YEAR. THE
AMOUNT OF THE CREDIT SHALL BE ONE THOUSAND DOLLARS PER RETAINED  WORKER.
IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL EXCEED THE
TAXPAYER'S  TAX  FOR  SUCH  YEAR,  THE EXCESS MAY BE CARRIED OVER TO THE
FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX  FOR
SUCH YEAR OR YEARS.
  S  5.  Section 1511 of the tax law is amended by adding a new subdivi-
sion (dd) to read as follows:
  (DD) CREDIT FOR HIRING UNEMPLOYED VETERANS. (1) A  TAXPAYER  SHALL  BE
ALLOWED  A  CREDIT  AS  HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY
THIS ARTICLE, FOR THE HIRING OF QUALIFIED  INDIVIDUALS,  AS  DEFINED  IN
SUBDIVISION  TWENTY-NINE-A  OF SECTION TWO HUNDRED TEN-B OF THIS CHAPTER
AND THE RETENTION OF SUCH INDIVIDUALS FOR A  PERIOD  OF  ONE  YEAR.  THE
AMOUNT OF THE CREDIT SHALL BE ONE THOUSAND DOLLARS PER RETAINED WORKER.
  (2)  THE  CREDIT  ALLOWED  UNDER  THIS SUBSECTION FOR ANY TAXABLE YEAR
SHALL NOT REDUCE THE TAX TO LESS THAN THE  MINIMUM  TAX  FIXED  BY  THIS
ARTICLE.    HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVI-
SION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT  OF
CREDIT  THUS  NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO

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THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S  TAX
FOR SUCH YEAR OR YEARS.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall apply to  taxable  years  commencing  on  or
after  January  1,  2015;  provided  however, that this act shall expire
January 1, 2017 when upon such date the provisions of this act shall  be
deemed repealed.