S T A T E O F N E W Y O R K
________________________________________________________________________
6572
I N S E N A T E
January 27, 2016
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the tax law, in relation to creating an urban science,
technology, engineering and math (U-STEM) mentor volunteer program for
youth and providing for the repeal of such provisions upon expiration
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 "urban
science, technology, engineering and math (U-STEM) mentor volunteer
program for youth act".
S 2. Legislative findings and intent. The legislature hereby finds
that there is a need to develop, promote and facilitate a mentor volun-
teer program specifically designed to foster greater student partic-
ipation for pupils living in high concentrations of poverty in large
urban areas who are in grades seven to twelve in the study of science,
technology, engineering and mathematics herein referred to as STEM
programs. The legislature further finds that the STEM programmatic areas
are under-served and under-represented by pupils living in poverty in
the large urban school districts of the state due in part to the finan-
cial circumstances of the school districts as well as the competing
programmatic requirements for high school graduation.
Furthermore, the legislature finds that STEM businesses in the large
urban areas are in need of greater numbers of qualified students to
pursue careers in the STEM fields and that there is a state interest in
fostering a programmatic connection between these businesses and their
school districts to mentor, develop and train students interested in
STEM careers.
Therefore be it resolved that the legislature creates the urban
science, technology, engineering and mathematics (U-STEM) mentor volun-
teer program for pupils in the large city school districts of the state.
S 3. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01764-03-6
S. 6572 2
49. URBAN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH (U-STEM) MENTOR
VOLUNTEER PROGRAM FOR YOUTH ACT CREDIT. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, BUSINESSES IDENTI-
FIED AS STEM EMPLOYERS SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
BY THIS ARTICLE EQUAL TO FIVE PERCENT OF THE COMBINED ANNUAL SALARIES OF
INDIVIDUALS PARTICIPATING IN THE U-STEM MENTOR VOLUNTEER PROGRAM UP TO A
MAXIMUM OF FOUR HUNDRED THOUSAND DOLLARS ANNUALLY FOR EACH QUALIFYING
BUSINESS.
(B) INDIVIDUALS OF ELIGIBLE EMPLOYERS WHO ELECT TO PARTICIPATE IN THE
U-STEM MENTOR VOLUNTEER PROGRAM SHALL PARTICIPATE THROUGH A PARTNERSHIP
BETWEEN THE EMPLOYER AND A SCHOOL DISTRICT OF A CITY WITH A POPULATION
OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE MILLION
INHABITANTS ACCORDING TO THE LATEST FEDERAL CENSUS AND COMMIT TO AT
LEAST ONE HUNDRED EIGHTY HOURS ANNUALLY OF MENTOR VOLUNTEER ACTIVITIES.
(C) QUALIFYING EMPLOYERS SHALL MAINTAIN WRITTEN DOCUMENTATION OF THEIR
EMPLOYEE'S PARTICIPATION IN THE U-STEM MENTOR VOLUNTEER PROGRAM INCLUD-
ING THE NUMBER OF HOURS OF MENTOR VOLUNTEERING PER MONTH, WHICH MUST
INCLUDE MENTOR VOLUNTEERING IN A SCIENCE, TECHNOLOGY, ENGINEERING OR
MATHEMATICS CLASS FIVE DAYS PER WEEK FOR A MINIMUM OF ONE SCHOOL YEAR.
SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
(D) SCHOOL DISTRICTS PARTICIPATING IN THE U-STEM MENTOR VOLUNTEER
PROGRAM SHALL DO SO ON A VOLUNTARY BASIS AND COMPLY WITH ALL APPLICABLE
LAWS AND REGULATIONS PERTAINING TO MENTOR VOLUNTEER PROGRAMS AND ACTIV-
ITIES.
(E) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION. HOWEVER, IF THE
AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE
IN SUCH TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS
OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
S 4. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) URBAN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH (U-STEM) MENTOR
VOLUNTEER PROGRAM FOR YOUTH ACT CREDIT. (1) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW RULE OR REGULATION TO THE CONTRARY, PARTICIPATING
EMPLOYEES OF BUSINESSES IDENTIFIED AS STEM EMPLOYERS WITH TAX EXEMPT
STATUS UNDER SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE
CODE SHALL BE ALLOWED A CREDIT EQUAL TO FIVE HUNDRED DOLLARS ANNUALLY
FOR EACH EMPLOYEE.
(2) INDIVIDUALS OF ELIGIBLE EMPLOYERS WHO ELECT TO PARTICIPATE IN THE
U-STEM MENTOR VOLUNTEER PROGRAM SHALL PARTICIPATE THROUGH A PARTNERSHIP
BETWEEN THE EMPLOYER AND A SCHOOL DISTRICT OF A CITY WITH A POPULATION
OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE MILLION
INHABITANTS ACCORDING TO THE LATEST FEDERAL CENSUS AND COMMIT TO AT
LEAST ONE HUNDRED EIGHTY HOURS ANNUALLY OF MENTOR VOLUNTEER ACTIVITIES.
(3) QUALIFYING EMPLOYERS SHALL MAINTAIN WRITTEN DOCUMENTATION OF THEIR
EMPLOYEE'S PARTICIPATION IN THE U-STEM MENTOR VOLUNTEER PROGRAM INCLUD-
ING THE NUMBER OF HOURS OF MENTOR VOLUNTEERING PER MONTH, WHICH MUST
INCLUDE MENTOR VOLUNTEERING IN A SCIENCE, TECHNOLOGY, ENGINEERING OR
MATHEMATICS CLASS FIVE DAYS PER WEEK FOR A MINIMUM OF ONE SCHOOL YEAR.
SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
S. 6572 3
(4) SCHOOL DISTRICTS PARTICIPATING IN THE U-STEM MENTOR VOLUNTEER
PROGRAM SHALL DO SO ON A VOLUNTARY BASIS AND COMPLY WITH ALL APPLICABLE
LAWS AND REGULATIONS PERTAINING TO MENTOR VOLUNTEER PROGRAMS AND ACTIV-
ITIES.
(5) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY
TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
S 5. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016 and shall expire and be
deemed repealed January 1, 2019.