2012 New York Consolidated Laws
LAB - Labor
Article 2 - (10 - 43) THE DEPARTMENT OF LABOR
25-A - Power to administer the New York youth works tax credit program.

 
    §  25-a.  Power  to  administer  the  New  York youth works tax credit
  program.  (a) The commissioner is authorized to establish and administer
  the New York youth works tax credit program to provide tax incentives to
  employers for  employing  at  risk  youth  in  part-time  and  full-time
  positions  in  two  thousand  twelve  and  two  thousand  thirteen.  The
  commissioner is authorized to allocate up to twenty-five million dollars
  of tax credits under this program.
    (b) Definitions. (1) The term "qualified employer" means  an  employer
  that  has  been  certified by the commissioner to participate in the New
  York youth works tax  credit  program  and  that  employs  one  or  more
  qualified employees.
    (2) The term "qualified employee" means an individual:
    (i) who is between the age of sixteen and twenty-four;
    (ii)  who resides in a city with a population of sixty-two thousand or
  more or a town with a population of  four  hundred  eighty  thousand  or
  more;
    (iii)  who is low-income or at-risk, as those terms are defined by the
  commissioner;
    (iv) who is unemployed prior to being hired by the qualified employer;
  and
    (v) who will be working for the qualified employer in a  full-time  or
  part-time position that pays wages that are equivalent to the wages paid
  for  similar  jobs,  with  appropriate  adjustments  for  experience and
  training, and for which no other employee has been terminated, or  where
  the  employer  has  not  otherwise  reduced its workforce by involuntary
  terminations with the intention of filling the vacancy by creating a new
  hire.
    (c) A qualified employer shall be entitled to a tax  credit  equal  to
  (1)  five  hundred  dollars  per  month  for  up  to six months for each
  qualified employee the employer  employs  in  a  full-time  job  or  two
  hundred  fifty dollars per month for up to six months for each qualified
  employee the employer employs in a part-time  job  of  at  least  twenty
  hours per week, and (2) one thousand dollars for each qualified employee
  who  is  employed for at least an additional six months by the qualified
  employer in a full-time job or five hundred dollars for  each  qualified
  employee  who  is  employed for at least an additional six months by the
  qualified employer in a part-time job of at least twenty hours per week.
  The tax credits shall be claimed by the qualified employer as  specified
  in subdivision forty-four of section two hundred ten and subsection (tt)
  of section six hundred six of the tax law.
    (d)  To participate in the New York youth works tax credit program, an
  employer must submit  an  application  (in  a  form  prescribed  by  the
  commissioner)  to  the  commissioner  after  January first, two thousand
  twelve but no later than November thirtieth, two  thousand  twelve.  The
  qualified  employees  must  start  their  employment on or after January
  first, two thousand twelve but no later than December thirty-first,  two
  thousand   twelve.  The  commissioner  shall  establish  guidelines  and
  criteria that specify requirements for employers to participate  in  the
  program  including  criteria  for  certifying  qualified  employees. Any
  regulations that  the  commissioner  determines  are  necessary  may  be
  adopted  on  an emergency basis notwithstanding anything to the contrary
  in section two hundred two of the state  administrative  procedure  act.
  Such requirements may include the types of industries that the employers
  are  engaged  in. The commissioner may give preference to employers that
  are engaged in demand occupations or industries, or in  regional  growth
  sectors, including those identified by the regional economic development
  councils,  such  as clean energy, healthcare, advanced manufacturing and
  conservation. In addition, the commissioner  shall  give  preference  to

  employers  who  offer  advancement  and employee benefit packages to the
  qualified individuals.
    (e)  If, after reviewing the application submitted by an employer, the
  commissioner determines that such employer is eligible to participate in
  the New York youth works tax  credit  program,  the  commissioner  shall
  issue  the  employer  a  certificate of eligibility that establishes the
  employer as a qualified employer. The certificate of  eligibility  shall
  specify  the  maximum amount of New York youth works tax credit that the
  employer will be allowed to claim.