S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5175
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sens.  ORTT, GALLIVAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Budget and Reven-
   ue
 
 AN ACT to amend the tax law, in relation to creating a wage  tax  credit
   for employers who employ New York national guard men and women, reser-
   vists, volunteer firefighters and EMS personnel

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 210-B of the tax law is amended by adding  two  new
 subdivisions 53 and 54 to read as follows:
   53. EMPLOYMENT OF NEW YORK NATIONAL GUARD AND RESERVE MEMBERS WAGE TAX
 CREDIT.  (A)  ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT,
 IN THE AMOUNT OF ONE THOUSAND FIVE  HUNDRED  DOLLARS,  AGAINST  THE  TAX
 IMPOSED  BY  THIS ARTICLE FOR EACH MEMBER OF THE NEW YORK NATIONAL GUARD
 AND RESERVES WHICH IT EMPLOYS.  PROVIDED, HOWEVER, SUCH  TAXPAYER  SHALL
 COMPLY  WITH  THE  UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS
 ACT, AS FOUND IN SECTION 4301 ET SEQ. OF TITLE 18 OF THE  UNITED  STATES
 CODE; AND PROVIDED FURTHER THAT SUCH PERSON SHALL HAVE BEEN EMPLOYED FOR
 AT LEAST SIX MONTHS.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  MINIMUM AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. IF, HOWEVER, THE  AMOUNT  OF
 CREDITS  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 SHALL 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 SHALL BE PAID THEREON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02112-01-9
              

 S. 5175                             2
 
   54.  EMPLOYMENT  OF  VOLUNTEER  FIREFIGHTERS  AND  EMERGENCY   MEDICAL
 SERVICES  (EMS)  FIRST RESPONDER PERSONNEL WAGE CREDIT. (A) ALLOWANCE OF
 CREDIT. A TAXPAYER SHALL BE  ALLOWED  A  CREDIT  OF  ONE  THOUSAND  FIVE
 HUNDRED  DOLLARS,  AGAINST  THE  TAX  IMPOSED  BY THIS ARTICLE, FOR EACH
 VOLUNTEER  FIREFIGHTER  AND  EMS  FIRST  RESPONDER  PERSONNEL  WHICH  IT
 EMPLOYS; PROVIDED THAT SUCH PERSON SHALL HAVE BEEN EMPLOYED FOR AT LEAST
 SIX MONTHS.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE MINIMUM AMOUNT PRESCRIBED IN PARAGRAPH (D) OF  SUBDIVISION  ONE
 OF  SECTION  TWO HUNDRED TEN OF THIS ARTICLE. IF, HOWEVER, THE AMOUNT OF
 CREDITS 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 SHALL 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 SHALL BE PAID THEREON.
   §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding two new clauses (xliv) and (xlv)  to
 read as follows:
 
 (XLIV) EMPLOYMENT OF NEW             AMOUNT OF CREDIT
 YORK NATIONAL                        UNDER SUBDIVISION
 GUARD AND RESERVE                    FIFTY-THREE OF
 MEMBERS CREDIT                       SECTION TWO HUNDRED TEN-B
 UNDER SUB-
 SECTION (JJJ)
 
 (XLV) EMPLOYMENT OF VOLUNTEER        AMOUNT OF CREDIT UNDER
 FIREFIGHTERS AND EMS                 SUBDIVISION FIFTY-FOUR OF
 FIRST RESPONDER                      SECTION TWO HUNDRED TEN-B
 PERSONNEL WAGE
 CREDIT UNDER SUB-
 SECTION (KKK)
   §  3.  Section  606  of  the  tax  law  is  amended  by adding two new
 subsections (jjj) and (kkk) to read as follows:
   (JJJ) EMPLOYMENT OF NEW YORK NATIONAL GUARD AND RESERVE MEMBER CREDIT.
 (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, AS  HERE-
 INAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTICLE IF THEY EMPLOY
 NEW  YORK  NATIONAL  GUARD  AND RESERVE MEMBERS. PROVIDED, HOWEVER, THEY
 SHALL COMPLY WITH THE UNIFORMED  SERVICES  EMPLOYMENT  AND  REEMPLOYMENT
 RIGHTS  ACT,  AS FOUND IN SECTION 4301 ET SEQ. OF TITLE 18 OF THE UNITED
 STATES CODE; AND PROVIDED, FURTHER THAT  SUCH  PERSON  SHALL  HAVE  BEEN
 EMPLOYED  FOR  AT  LEAST SIX MONTHS.   THE AMOUNT OF THE CREDIT SHALL BE
 FIFTEEN HUNDRED DOLLARS FOR EACH  NATIONAL  GUARD  MEMBER  OR  RESERVIST
 EMPLOYED.
   (2)  APPLICATION  OF CREDIT. 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.
   (3) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
 FOR  ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE

 S. 5175                             3
 
 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.
   (KKK)  EMPLOYMENT  OF  VOLUNTEER  FIREFIGHTERS AND EMS FIRST RESPONDER
 PERSONNEL WAGE CREDIT. (1) ALLOWANCE OF  CREDIT.  A  TAXPAYER  SHALL  BE
 ALLOWED  A  CREDIT,  AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY
 THIS ARTICLE FOR EACH VOLUNTEER  FIREFIGHTER  AND  EMS  FIRST  RESPONDER
 PERSONNEL  WHICH  IT  EMPLOYS; PROVIDED THAT SUCH PERSON SHALL HAVE BEEN
 EMPLOYED FOR AT LEAST SIX MONTHS.   THE AMOUNT OF THE  CREDIT  SHALL  BE
 FIFTEEN  HUNDRED  DOLLARS  FOR  EACH VOLUNTEER FIREFIGHTER AND EMS FIRST
 RESPONDER EMPLOYED.
   (2) APPLICATION OF CREDIT. 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.
   (3) CARRYOVER. IF THE AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBSECTION
 FOR ANY TAXABLE YEAR 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.
   § 4. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2021.  Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made on or before such date.