STATE OF NEW YORK ________________________________________________________________________ 1237--A 2015-2016 Regular Sessions IN SENATE January 9, 2015 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to job creation tax credits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Job 2 Creation Tax Credit Act of 2016". 3 § 2. Section 210-B of the tax law is amended by adding a new subdivi- 4 sion 49 to read as follows: 5 49. Job creation tax credit. (a) As used in this subdivision, the 6 following terms shall have the following meanings: (1) "Full-time 7 employee" means an individual who is employed for consideration for at 8 least thirty-five hours a week, or who renders any other standard of 9 service generally accepted by custom or specified by contract as full- 10 time employment. 11 (2) "New employee" means a full-time employee first employed by a 12 taxpayer in the project that is the subject of the tax credit authorized 13 under this subdivision in the taxable year in which the taxpayer seeks 14 the credit. "New employee" also may include an employee rehired or 15 called back from lay-off to work in a new facility or on a new product 16 or service established or produced by the taxpayer during the taxable 17 year in which the credit is sought. "New employee" shall not include any 18 employee of the taxpayer who was previously employed in this state by a 19 related member of the taxpayer and whose employment was shifted to the 20 taxpayer during the taxable year in which the credit is sought. In addi- 21 tion, "new employee" shall not include a child, grandchild, parent, or 22 spouse, other than a spouse who is legally separated from the individ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02833-02-6