S T A T E   O F   N E W   Y O R K
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                                  5635

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2011
                               ___________

Introduced by M. of A. MURRAY -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the tax law, in relation to establishing corporate fran-
  chise  tax  credit for certain businesses offering employees staggered
  operating hours

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds and declares  that  traffic  congestion  in  commercial  districts
contributes  to  numerous  related problems such as excess fuel consump-
tion, added wear and tear on roadways, necessity for  increased  traffic
control, higher incidence of auto accidents and dangers for pedestrians.
Staggered  operating hours for business employees could reduce the prob-
lems of traffic congestion by spreading out the hours within which work-
ers are commuting and business is conducted. As an  incentive  to  busi-
nesses  located  in  traffic  congested  areas  to institute policies of
staggered operating hours,  the  legislature  deems  it  appropriate  to
establish  a  corporate  franchise  tax  credit of $1000.00 per employee
participating in an employer sponsored program  of  staggered  operating
hours.
  S 2. Section 210 of the tax law is amended by adding a new subdivision
14 to read as follows:
  14. STAGGERED OPERATING HOURS CREDIT.(A) A TAXPAYER SHALL BE ALLOWED A
CREDIT  AGAINST  THE  TAX  IMPOSED  BY THIS ARTICLE IN THE AMOUNT OF ONE
THOUSAND DOLLARS PER FULL TIME EMPLOYEE WHO PARTICIPATES IN AN  EMPLOYER
SPONSORED  PROGRAM  OF STAGGERED OPERATING HOURS; PROVIDED SUCH EMPLOYER
IS LOCATED WITHIN A GEOGRAPHICAL AREA IN WHICH  RUSH  HOUR  OR  BUSINESS
HOUR TRAFFIC CONGESTION IS A SIGNIFICANT PROBLEM.
  (B)  FOR  PURPOSES  OF THIS SUBDIVISION, THE TERM "STAGGERED OPERATING
HOURS" SHALL BE DEEMED TO INCLUDE DEVIATIONS FROM A STANDARD  NINE  A.M.
TO  FIVE  P.M.  WORK DAY OF NO LESS THAN TWO HOURS AT EITHER END OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08366-01-1
              

A. 5635                             2

WORK DAY, PROVIDED SUCH EXTENDED HOURS CONFORM TO  ANY  LOCAL  ORDINANCE
REGULATING BUSINESS HOURS OF OPERATION.
  S  3.  The  commissioner  of  taxation  and  finance is authorized and
directed to promulgate any rules and regulations necessary to  implement
the provisions of this act.
  S  4.  This  act shall take effect immediately; provided that sections
two and three of this act shall apply to taxable years commencing on  or
after January first of the year in which it shall have become a law.