S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1507
                              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
       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.
   21    Therefore  be  it  resolved  that  the  legislature  creates the urban
   22  science, technology, engineering and mathematics (U-STEM) mentor  volun-
   23  teer program for pupils in the large city school districts of the state.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01764-01-5
       A. 1507                             2
    1    S  3. Section 210-b of the tax law is amended by adding a new subdivi-
    2  sion 49 to read as follows:
    3    49.  URBAN  SCIENCE,  TECHNOLOGY, ENGINEERING AND MATH (U-STEM) MENTOR
    4  VOLUNTEER PROGRAM FOR YOUTH ACT CREDIT. (A)  NOTWITHSTANDING  ANY  OTHER
    5  PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, BUSINESSES IDENTI-
    6  FIED AS STEM EMPLOYERS SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED
    7  BY THIS ARTICLE EQUAL TO FIVE PERCENT OF THE COMBINED ANNUAL SALARIES OF
    8  INDIVIDUALS PARTICIPATING IN THE U-STEM MENTOR VOLUNTEER PROGRAM UP TO A
    9  MAXIMUM  OF  FOUR  HUNDRED THOUSAND DOLLARS ANNUALLY FOR EACH QUALIFYING
   10  BUSINESS.
   11    (B) INDIVIDUALS OF ELIGIBLE EMPLOYERS WHO ELECT TO PARTICIPATE IN  THE
   12  U-STEM  MENTOR VOLUNTEER PROGRAM SHALL PARTICIPATE THROUGH A PARTNERSHIP
   13  BETWEEN THE EMPLOYER AND A SCHOOL DISTRICT OF A CITY WITH  A  POPULATION
   14  OF  AT  LEAST ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE MILLION
   15  INHABITANTS ACCORDING TO THE LATEST FEDERAL  CENSUS  AND  COMMIT  TO  AT
   16  LEAST ONE HUNDRED EIGHTY HOURS ANNUALLY OF MENTOR VOLUNTEER ACTIVITIES.
   17    (C) QUALIFYING EMPLOYERS SHALL MAINTAIN WRITTEN DOCUMENTATION OF THEIR
   18  EMPLOYEE'S  PARTICIPATION IN THE U-STEM MENTOR VOLUNTEER PROGRAM INCLUD-
   19  ING THE NUMBER OF HOURS OF MENTOR VOLUNTEERING  PER  MONTH,  WHICH  MUST
   20  INCLUDE  MENTOR  VOLUNTEERING  IN  A SCIENCE, TECHNOLOGY, ENGINEERING OR
   21  MATHEMATICS CLASS FIVE DAYS PER WEEK FOR A MINIMUM OF ONE  SCHOOL  YEAR.
   22  SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
   23    (D)  SCHOOL  DISTRICTS  PARTICIPATING  IN  THE U-STEM MENTOR VOLUNTEER
   24  PROGRAM SHALL DO SO ON A VOLUNTARY BASIS AND COMPLY WITH ALL  APPLICABLE
   25  LAWS  AND REGULATIONS PERTAINING TO MENTOR VOLUNTEER PROGRAMS AND ACTIV-
   26  ITIES.
   27    (E) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
   28  NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT  PRESCRIBED
   29  IN  PARAGRAPH  (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS
   30  ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION
   31  FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CRED-
   32  IT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR WILL BE TREATED AS AN  OVER-
   33  PAYMENT  OF  TAX  TO  BE  CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE
   34  PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED,
   35  HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHT-
   36  Y-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THERE-
   37  ON.
   38    S 4. Section 606 of the tax law is amended by adding a new  subsection
   39  (ccc) to read as follows:
   40    (CCC)  URBAN SCIENCE, TECHNOLOGY, ENGINEERING AND MATH (U-STEM) MENTOR
   41  VOLUNTEER PROGRAM FOR YOUTH ACT CREDIT. (1)  NOTWITHSTANDING  ANY  OTHER
   42  PROVISION  OF  LAW  RULE  OR  REGULATION  TO THE CONTRARY, PARTICIPATING
   43  EMPLOYEES OF BUSINESSES IDENTIFIED AS STEM  EMPLOYERS  WITH  TAX  EXEMPT
   44  STATUS  UNDER  SECTION  501(C)(3)  OF THE UNITED STATES INTERNAL REVENUE
   45  CODE SHALL BE ALLOWED A CREDIT EQUAL TO FIVE  HUNDRED  DOLLARS  ANNUALLY
   46  FOR EACH EMPLOYEE.
   47    (2)  INDIVIDUALS OF ELIGIBLE EMPLOYERS WHO ELECT TO PARTICIPATE IN THE
   48  U-STEM MENTOR VOLUNTEER PROGRAM SHALL PARTICIPATE THROUGH A  PARTNERSHIP
   49  BETWEEN  THE  EMPLOYER AND A SCHOOL DISTRICT OF A CITY WITH A POPULATION
   50  OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN  ONE  MILLION
   51  INHABITANTS  ACCORDING  TO  THE  LATEST  FEDERAL CENSUS AND COMMIT TO AT
   52  LEAST ONE HUNDRED EIGHTY HOURS ANNUALLY OF MENTOR VOLUNTEER ACTIVITIES.
   53    (3) QUALIFYING EMPLOYERS SHALL MAINTAIN WRITTEN DOCUMENTATION OF THEIR
   54  EMPLOYEE'S PARTICIPATION IN THE U-STEM MENTOR VOLUNTEER PROGRAM  INCLUD-
   55  ING  THE  NUMBER  OF  HOURS OF MENTOR VOLUNTEERING PER MONTH, WHICH MUST
   56  INCLUDE MENTOR VOLUNTEERING IN A  SCIENCE,  TECHNOLOGY,  ENGINEERING  OR
       A. 1507                             3
    1  MATHEMATICS  CLASS  FIVE DAYS PER WEEK FOR A MINIMUM OF ONE SCHOOL YEAR.
    2  SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
    3    (4)  SCHOOL  DISTRICTS  PARTICIPATING  IN  THE U-STEM MENTOR VOLUNTEER
    4  PROGRAM SHALL DO SO ON A VOLUNTARY BASIS AND COMPLY WITH ALL  APPLICABLE
    5  LAWS  AND REGULATIONS PERTAINING TO MENTOR VOLUNTEER PROGRAMS AND ACTIV-
    6  ITIES.
    7    (5) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY
    8  TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
    9  SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN
   10  ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
   11  ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   12    S 5. This act shall take effect immediately and shall apply to taxable
   13  years  beginning  on  or  after  January 1, 2016 and shall expire and be
   14  deemed repealed January 1, 2019.