S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2932
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2015
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       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.
                                                                  LBD01762-03-5
       S. 2932                             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 of the tax law is amended by adding a new subdivision
    5  4 to read as follows:
    6    4.  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-
       S. 2932                             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.