S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1507--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
         Committee on Ways and Means --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       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:
    1    Section 1. This act shall be known and may  be  cited  as  the  "urban
    2  science,  technology,  engineering  and  math  (U-STEM) mentor volunteer
    3  program for youth act".
    4    S 2. Legislative findings and intent.  The  legislature  hereby  finds
    5  that  there is a need to develop, promote and facilitate a mentor volun-
    6  teer program specifically designed to  foster  greater  student  partic-
    7  ipation  for  pupils  living  in high concentrations of poverty in large
    8  urban areas who are in grades seven to twelve in the study  of  science,
    9  technology,  engineering  and  mathematics  herein  referred  to as STEM
   10  programs. The legislature further finds that the STEM programmatic areas
   11  are under-served and under-represented by pupils living  in  poverty  in
   12  the  large urban school districts of the state due in part to the finan-
   13  cial circumstances of the school districts  as  well  as  the  competing
   14  programmatic requirements for high school graduation.
   15    Furthermore,  the  legislature finds that STEM businesses in the large
   16  urban areas are in need of greater  numbers  of  qualified  students  to
   17  pursue  careers in the STEM fields and that there is a state interest in
   18  fostering a programmatic connection between these businesses  and  their
   19  school  districts  to  mentor,  develop and train students interested in
   20  STEM careers.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01764-02-5
       A. 1507--A                          2
    1    Therefore be it  resolved  that  the  legislature  creates  the  urban
    2  science,  technology, engineering and mathematics (U-STEM) mentor volun-
    3  teer program for pupils in the large city school districts of the state.
    4    S  3. Section 210-B of the tax law is amended by adding a new subdivi-
    5  sion 49 to read as follows:
    6    49. URBAN SCIENCE, TECHNOLOGY, ENGINEERING AND  MATH  (U-STEM)  MENTOR
    7  VOLUNTEER  PROGRAM  FOR  YOUTH ACT CREDIT. (A) NOTWITHSTANDING ANY OTHER
    8  PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, BUSINESSES IDENTI-
    9  FIED AS STEM EMPLOYERS SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
   10  BY THIS ARTICLE EQUAL TO FIVE PERCENT OF THE COMBINED ANNUAL SALARIES OF
   11  INDIVIDUALS PARTICIPATING IN THE U-STEM MENTOR VOLUNTEER PROGRAM UP TO A
   12  MAXIMUM OF FOUR HUNDRED THOUSAND DOLLARS ANNUALLY  FOR  EACH  QUALIFYING
   13  BUSINESS.
   14    (B)  INDIVIDUALS OF ELIGIBLE EMPLOYERS WHO ELECT TO PARTICIPATE IN THE
   15  U-STEM MENTOR VOLUNTEER PROGRAM SHALL PARTICIPATE THROUGH A  PARTNERSHIP
   16  BETWEEN  THE  EMPLOYER AND A SCHOOL DISTRICT OF A CITY WITH A POPULATION
   17  OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN  ONE  MILLION
   18  INHABITANTS  ACCORDING  TO  THE  LATEST  FEDERAL CENSUS AND COMMIT TO AT
   19  LEAST ONE HUNDRED EIGHTY HOURS ANNUALLY OF MENTOR VOLUNTEER ACTIVITIES.
   20    (C) QUALIFYING EMPLOYERS SHALL MAINTAIN WRITTEN DOCUMENTATION OF THEIR
   21  EMPLOYEE'S PARTICIPATION IN THE U-STEM MENTOR VOLUNTEER PROGRAM  INCLUD-
   22  ING  THE  NUMBER  OF  HOURS OF MENTOR VOLUNTEERING PER MONTH, WHICH MUST
   23  INCLUDE MENTOR VOLUNTEERING IN A  SCIENCE,  TECHNOLOGY,  ENGINEERING  OR
   24  MATHEMATICS  CLASS  FIVE DAYS PER WEEK FOR A MINIMUM OF ONE SCHOOL YEAR.
   25  SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
   26    (D) SCHOOL DISTRICTS PARTICIPATING  IN  THE  U-STEM  MENTOR  VOLUNTEER
   27  PROGRAM  SHALL DO SO ON A VOLUNTARY BASIS AND COMPLY WITH ALL APPLICABLE
   28  LAWS AND REGULATIONS PERTAINING TO MENTOR VOLUNTEER PROGRAMS AND  ACTIV-
   29  ITIES.
   30    (E) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
   31  NOT  REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED
   32  IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS  SECTION.  HOWEVER,  IF  THE
   33  AMOUNT  OF  CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR
   34  REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE
   35  IN SUCH TAXABLE YEAR WILL BE TREATED AS AN  OVERPAYMENT  OF  TAX  TO  BE
   36  CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
   37  THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE  PROVISIONS
   38  OF  SUBSECTION  (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
   39  NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   40    S 4. Section 606 of the tax law is amended by adding a new  subsection
   41  (ccc) to read as follows:
   42    (CCC)  URBAN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH (U-STEM) MENTOR
   43  VOLUNTEER PROGRAM FOR YOUTH ACT CREDIT. (1)  NOTWITHSTANDING  ANY  OTHER
   44  PROVISION  OF  LAW  RULE  OR  REGULATION  TO THE CONTRARY, PARTICIPATING
   45  EMPLOYEES OF BUSINESSES IDENTIFIED AS STEM  EMPLOYERS  WITH  TAX  EXEMPT
   46  STATUS  UNDER  SECTION  501(C)(3)  OF THE UNITED STATES INTERNAL REVENUE
   47  CODE SHALL BE ALLOWED A CREDIT EQUAL TO FIVE  HUNDRED  DOLLARS  ANNUALLY
   48  FOR EACH EMPLOYEE.
   49    (2)  INDIVIDUALS OF ELIGIBLE EMPLOYERS WHO ELECT TO PARTICIPATE IN THE
   50  U-STEM MENTOR VOLUNTEER PROGRAM SHALL PARTICIPATE THROUGH A  PARTNERSHIP
   51  BETWEEN  THE  EMPLOYER AND A SCHOOL DISTRICT OF A CITY WITH A POPULATION
   52  OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN  ONE  MILLION
   53  INHABITANTS  ACCORDING  TO  THE  LATEST  FEDERAL CENSUS AND COMMIT TO AT
   54  LEAST ONE HUNDRED EIGHTY HOURS ANNUALLY OF MENTOR VOLUNTEER ACTIVITIES.
   55    (3) QUALIFYING EMPLOYERS SHALL MAINTAIN WRITTEN DOCUMENTATION OF THEIR
   56  EMPLOYEE'S PARTICIPATION IN THE U-STEM MENTOR VOLUNTEER PROGRAM  INCLUD-
       A. 1507--A                          3
    1  ING  THE  NUMBER  OF  HOURS OF MENTOR VOLUNTEERING PER MONTH, WHICH MUST
    2  INCLUDE MENTOR VOLUNTEERING IN A  SCIENCE,  TECHNOLOGY,  ENGINEERING  OR
    3  MATHEMATICS  CLASS  FIVE DAYS PER WEEK FOR A MINIMUM OF ONE SCHOOL YEAR.
    4  SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
    5    (4)  SCHOOL  DISTRICTS  PARTICIPATING  IN  THE U-STEM MENTOR VOLUNTEER
    6  PROGRAM SHALL DO SO ON A VOLUNTARY BASIS AND COMPLY WITH ALL  APPLICABLE
    7  LAWS  AND REGULATIONS PERTAINING TO MENTOR VOLUNTEER PROGRAMS AND ACTIV-
    8  ITIES.
    9    (5) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY
   10  TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
   11  SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN
   12  ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
   13  ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   14    S 5. This act shall take effect immediately and shall apply to taxable
   15  years  beginning  on  or  after  January 1, 2016 and shall expire and be
   16  deemed repealed January 1, 2019.