NY State Senate Bill 2009-S950

Senate Bill S950

2009-2010 Legislative Session

Enacts the "New York safe neighborhood and investment act of 2009"; gang activity, community service, funds for Advantage after-school, tax credits; appropriation

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 18, 2009	committee discharged and committed to codes
Jan 22, 2009	referred to finance

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2009-S950 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Appropriations
Laws Affected:: Add Art 280 §§280.00 - 280.55, Pen L; add §319, Ed L; amd §1456, Tax L

2009-S950 (ACTIVE) - Summary

Enacts the "New York safe neighborhood and investment act" relating to crimes and penalties for gang activity, to graduation requirements for high school community service, to tax credits to lending institutions making investments in or contributions to certain programs promoting community service and safe neighborhoods; makes an appropriation to the office of children and family services to the credit of the local assistance account fund for the Advantage after-school program which promotes community service and anti-gang education programs in elementary and secondary schools in districts at high risk for gang related activity and violence.

2009-S950 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S950

 TITLE OF BILL :
An act to amend the penal law, the education law and the tax law, in
relation to enacting the "New York safe neighborhood and investment
act of 2009"; and making an appropriation therefor


 PURPOSE :
To secure and protect communities from gang violence and recruitment,
and to invest in after-school programs, college loan access and
promote community volunteerism and service.

 SUMMARY OF PROVISIONS :
Section 1 establishes a short title.

Section 2 adds a new article 280 to the Penal Law, in relation to
criminal street gang activity.

* Section 280.00 of the bill sets forth the definitions of "criminal
street gang," and "pattern of criminal, gang activity."

* Section 280.05 creates the crime of participation in a street gang
in the second degree. The commission of this crime would constitute a
class A misdemeanor.

* Section 280.10 creates the crime of participation in a street gang
in the first degree. The commission of this crime would constitute a
class E felony.

* Section 280.15 creates the crime of participation in a street gang
on or near school grounds. The commission of this crime would
constitute a class E felony.

* Section 280.20 creates the crime of furthering a street gang in the
third degree. The commission of this crime would constitute a class A
misdemeanor.

* Section 280.25 creates the crime of furthering a street gang in the
second degree. The commission of this crime would constitute a class E
felony.

* Section 280.30 creates the crime of furthering a street gang in the
first degree. The commission of this crime would constitute a class D
felony.

* Section 280.35 creates the crime of furthering a street gang on or
near school grounds. The commission of this crime would constitute a
class C felony.

* Section 280.40 creates the crime of coercing another to participate
in or further a street gang in the second degree. The commission of
this crime constitutes a class E felony.

* Section 280.45 creates the crime of coercing another to participate
in or further a street gang in the first degree. The commission of
this crime constitutes a class D felony.

* Section 280.50 creates the crime of coercing another to participate
in or further a street gang on or near school grounds. The commission
of this crime constitutes a class C felony.

* Section 280.55 sets forth certain limitations regarding sentences
imposed upon convictions for crimes set forth in this article.


Section 3 adds a new section 319 to the Education Law which creates
neighborhood quality of life community service provision by offering
college credit in SUNY and community college institutions.

Section 4 amends section 1456 of the Tax Law by offering safe
neighborhood investment credit. The credit shall be equal to 25% of
the sum of investments herein: Education fees, donations to
after-school programs.

Section 5 appropriates the sum of fifty million dollars to the Office
of Children and Family Services for "Advantage After School programs."
Such appropriation may be used for providing education and outreach
program for children in grades two through nine on gang awareness,
affiliation, violence and activities.

Section 6 establishes an effective date.

 JUSTIFICATION :
The citizens of New York State have suffered at the hands of an
increased number of violent street gangs whose members threaten,
terrorize and commit a multitude of crimes against peaceful citizens,
their neighborhoods and schools.

The objective of this legislation is to secure and protect communities
from gang violence and recruitment, and to invest in community
infrastructure. This act is intended to invest in after-school
programs, teach children in grades 2 through 9 the dangers of gang
membership, recruitment and violence. Lastly, criminal penalties are
exacted towards gang furtherance and recruitment, and violence. The
act helps to facilitate college loan access and also to promote
community service for college credit.

 LEGISLATIVE HISTORY :
Senate:
2007-08:  S.3863 Referred to Finance
2004:     S.6583 Referred to Codes
2005-06:  S.1928 Referred to Codes

Assembly:
2004:     A.10106 (Weisenberg) Referred to Codes
2005-06:  Referred to Codes

 FISCAL IMPLICATIONS :
An appropriation of $50 million is made to the Office of Children and
Family Services to implement the provisions of this act.

 EFFECTIVE DATE :
This act shall take effect on November 1.

2009-S950 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   950

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by Sens. C. JOHNSON, DIAZ, DUANE, MONTGOMERY, ONORATO, PARK-
  ER, SAMPSON, SAVINO, THOMPSON,  VALESKY  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Finance

AN  ACT  to  amend  the penal law, the education law and the tax law, in
  relation to enacting the "New York safe  neighborhood  and  investment
  act of 2009"; and making an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York safe neighborhood and investment act of 2009".
  S  2.  The penal law is amended by adding a new article 280 to read as
follows:
                               ARTICLE 280
                      CRIMINAL STREET GANG ACTIVITY
SECTION 280.00 DEFINITIONS.
        280.05 PARTICIPATION IN A STREET GANG IN THE SECOND DEGREE.
        280.10 PARTICIPATION IN A STREET GANG IN THE FIRST DEGREE.
        280.15 PARTICIPATION IN A STREET GANG ON OR NEAR SCHOOL GROUNDS.
        280.20 FURTHERING A STREET GANG IN THE THIRD DEGREE.
        280.25 FURTHERING A STREET GANG IN THE SECOND DEGREE.
        280.30 FURTHERING A STREET GANG IN THE FIRST DEGREE.
        280.35 FURTHERING A STREET GANG ON OR NEAR SCHOOL GROUNDS.
        280.40 COERCING ANOTHER TO PARTICIPATE IN OR FURTHER STREET GANG
                 ACTIVITY IN THE SECOND DEGREE.
        280.45 COERCING ANOTHER TO PARTICIPATE IN OR FURTHER STREET GANG
                 ACTIVITY IN THE FIRST DEGREE.
        280.50 COERCING ANOTHER TO PARTICIPATE IN OR FURTHER STREET GANG
                 ACTIVITY ON OR NEAR SCHOOL GROUNDS.
        280.55 SENTENCING LIMITATIONS.
S 280.00 DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05835-01-9

S. 950                              2

  1. AS USED IN THIS ARTICLE, THE TERM "CRIMINAL STREET GANG" MEANS  ANY
ONGOING  ORGANIZATION,  ASSOCIATION,  OR GROUP OF THREE OR MORE PERSONS,
WHETHER FORMAL OR INFORMAL, HAVING AS ONE OF ITS PRIMARY ACTIVITIES  THE
COMMISSION  OF CRIME, HAVING A COMMON NAME OR COMMON IDENTIFYING SIGN OR
SYMBOL AND WHOSE MEMBERS INDIVIDUALLY OR COLLECTIVELY ENGAGE IN, OR HAVE
ENGAGED IN, A PATTERN OF CRIMINAL GANG ACTIVITY.
  2.  AS  USED IN THIS ARTICLE THE TERM "PATTERN OF CRIMINAL GANG ACTIV-
ITY" MEANS THE COMMISSION OF, ATTEMPTED COMMISSION OF,  OR  SOLICITATION
OF,  OR CONVICTION OF TWO OR MORE FELONY OFFENSES AS ARE DEFINED IN THIS
CHAPTER, PROVIDED THAT THESE OFFENSES OCCURRED AFTER THE EFFECTIVE  DATE
OF  THIS  ARTICLE  AND  THE LAST OF THESE OFFENSES OCCURRED WITHIN THREE
YEARS AFTER A PRIOR OFFENSE, AND THE OFFENSES WERE COMMITTED ON SEPARATE
OCCASIONS, OR BY TWO OR MORE PERSONS.
S 280.05 PARTICIPATION IN A STREET GANG IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF PARTICIPATION IN A STREET  GANG  IN  THE  SECOND
DEGREE  WHEN HE OR SHE ACTIVELY PARTICIPATES IN ANY CRIMINAL STREET GANG
WITH THE KNOWLEDGE THAT ITS MEMBERS ENGAGE IN OR HAVE ENGAGED IN  CRIMI-
NAL  GANG  ACTIVITY, AND WHO WILLFULLY PROMOTES, FURTHERS, ENCOURAGES OR
ASSISTS IN ANY NON-VIOLENT CRIMINAL ACTIVITY AS DEFINED BY THIS CHAPTER.
  PARTICIPATION IN A STREET GANG IN THE  SECOND  DEGREE  IS  A  CLASS  A
MISDEMEANOR.
S 280.10 PARTICIPATION IN A STREET GANG IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  PARTICIPATION IN A STREET GANG IN THE FIRST
DEGREE WHEN HE OR SHE ACTIVELY PARTICIPATES IN ANY CRIMINAL STREET  GANG
WITH  THE KNOWLEDGE THAT ITS MEMBERS ENGAGE IN OR HAVE ENGAGED IN CRIMI-
NAL GANG ACTIVITY, AND WHO WILLFULLY PROMOTES, FURTHERS,  ENCOURAGES  OR
ASSISTS IN ANY VIOLENT CRIMINAL ACTIVITY AS DEFINED BY THIS CHAPTER.
  PARTICIPATION  IN A STREET GANG IN THE FIRST DEGREE IS A CLASS E FELO-
NY.
S 280.15 PARTICIPATION IN A STREET GANG ON OR NEAR SCHOOL GROUNDS.
  A PERSON IS GUILTY OF PARTICIPATION IN A STREET GANG ON OR NEAR SCHOOL
GROUNDS WHEN HE OR SHE KNOWINGLY AND  UNLAWFULLY  COMMITS  THE  OFFENSES
OUTLINED  IN SECTION 280.05 OR 280.10 OF THIS ARTICLE AND SUCH VIOLATION
OCCURS ON OR WITHIN ONE THOUSAND FEET OF A PRIVATE  OR  PUBLIC  NURSERY,
ELEMENTARY,  VOCATIONAL,  JUNIOR  HIGH  OR SENIOR HIGH SCHOOL DURING THE
HOURS WHICH SUCH FACILITY OR INSTITUTION IS OPEN FOR CLASSES  OR  SCHOOL
RELATED PROGRAMS.
  PARTICIPATION  IN A STREET GANG ON OR NEAR SCHOOL GROUNDS IS A CLASS E
FELONY.
S 280.20 FURTHERING A STREET GANG IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF FURTHERING A STREET GANG  IN  THE  THIRD  DEGREE
WHEN  ANY  PERSON  WHO IS CONVICTED OF A MISDEMEANOR, AS DEFINED IN THIS
CHAPTER, WHICH WAS COMMITTED FOR THE BENEFIT OF, AT THE DIRECTION OF, OR
IN ASSOCIATION WITH ANY CRIMINAL STREET GANG, WITH THE  SPECIFIC  INTENT
TO  PROMOTE, FURTHER, OR ASSIST IN ANY CRIMINAL CONDUCT BY GANG MEMBERS,
SHALL, UPON CONVICTION FOR AND IN ADDITION TO THAT CONVICTION, BE GUILTY
OF FURTHERING A STREET GANG IN THE THIRD DEGREE.
  FURTHERING A STREET GANG IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
S 280.25 FURTHERING A STREET GANG IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF FURTHERING A STREET GANG IN  THE  SECOND  DEGREE
WHEN ANY PERSON WHO IS CONVICTED OF A NON-VIOLENT FELONY, AS DEFINED  IN
THIS  CHAPTER,  WHICH WAS COMMITTED FOR THE BENEFIT OF, AT THE DIRECTION
OF, OR IN ASSOCIATION WITH ANY CRIMINAL STREET GANG, WITH  THE  SPECIFIC
INTENT  TO  PROMOTE,  FURTHER, OR ASSIST IN ANY CRIMINAL CONDUCT BY GANG
MEMBERS, SHALL, UPON CONVICTION FOR AND IN ADDITION TO THAT  FELONY,  BE
GUILTY OF FURTHERING A STREET GANG IN THE SECOND DEGREE.

S. 950                              3

  FURTHERING A STREET GANG IN THE SECOND DEGREE IS A CLASS E FELONY.
S 280.30 FURTHERING A STREET GANG IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF FURTHERING A STREET GANG IN THE FIRST DEGREE
WHEN ANY PERSON WHO IS CONVICTED OF A VIOLENT FELONY, AS DEFINED IN THIS
CHAPTER, WHICH WAS COMMITTED FOR THE BENEFIT OF, AT THE DIRECTION OF, OR
IN ASSOCIATION WITH ANY CRIMINAL STREET GANG, WITH THE  SPECIFIC  INTENT
TO  PROMOTE, FURTHER, OR ASSIST IN ANY CRIMINAL CONDUCT BY GANG MEMBERS,
SHALL, UPON CONVICTION FOR AND IN ADDITION TO THAT FELONY, BE GUILTY  OF
FURTHERING A STREET GANG IN THE FIRST DEGREE.
  FURTHERING A STREET GANG IN THE FIRST DEGREE IS A CLASS D FELONY.
S 280.35 FURTHERING A STREET GANG ON OR NEAR SCHOOL GROUNDS.
  A  PERSON  IS  GUILTY  OF  FURTHERING  A STREET GANG ON OR NEAR SCHOOL
GROUNDS WHEN HE OR SHE KNOWINGLY AND  UNLAWFULLY  COMMITS  THE  OFFENSES
OUTLINED  IN  SECTION  280.20, 280.25 OR 280.30 OF THIS ARTICLE AND SUCH
VIOLATION OCCURS ON OR WITHIN ONE THOUSAND FEET OF A PRIVATE  OR  PUBLIC
NURSERY,  ELEMENTARY,  VOCATIONAL,  JUNIOR  HIGH  OR  SENIOR HIGH SCHOOL
DURING THE HOURS WHICH THE  FACILITY  IS  OPEN  FOR  CLASSES  OR  SCHOOL
RELATED PROGRAMS.
  FURTHERING  A STREET GANG ON OR NEAR SCHOOL GROUNDS IS A CLASS C FELO-
NY.
S 280.40 COERCING ANOTHER TO  PARTICIPATE  IN  OR  FURTHER  STREET  GANG
           ACTIVITY IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY OF COERCING ANOTHER TO PARTICIPATE IN OR FURTHER
STREET GANG ACTIVITY IN THE SECOND DEGREE WHEN ANY PERSON SIXTEEN  YEARS
OF  AGE OR OLDER WHO THREATENS ANOTHER WITH THE USE OF PHYSICAL VIOLENCE
ON TWO OR MORE SEPARATE OCCASIONS WITHIN ANY THIRTY DAY PERIOD WITH  THE
INTENT  TO COERCE, INDUCE OR SOLICIT SUCH INDIVIDUAL TO ACTIVELY PARTIC-
IPATE IN OR FURTHER A CRIMINAL STREET GANG SHALL BE GUILTY  OF  COERCING
ANOTHER  TO PARTICIPATE IN OR FURTHER STREET GANG ACTIVITY IN THE SECOND
DEGREE.
  COERCING ANOTHER TO PARTICIPATE IN OR FURTHER STREET GANG ACTIVITY  IN
THE SECOND DEGREE IS A CLASS E FELONY.
S 280.45 COERCING  ANOTHER  TO  PARTICIPATE  IN  OR  FURTHER STREET GANG
           ACTIVITY IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF COERCING ANOTHER TO PARTICIPATE  IN  OR  FURTHER
STREET  GANG  ACTIVITY IN THE FIRST DEGREE WHEN ANY PERSON SIXTEEN YEARS
OF AGE OR OLDER WHO UTILIZES PHYSICAL  VIOLENCE  TO  COERCE,  INDUCE  OR
SOLICIT  ANOTHER  TO  ACTIVELY  PARTICIPATE  IN  OR FURTHER ANY CRIMINAL
STREET GANG SHALL BE GUILTY OF COERCING ANOTHER  TO  PARTICIPATE  IN  OR
FURTHER STREET GANG ACTIVITY IN THE FIRST DEGREE.
  COERCING  ANOTHER TO PARTICIPATE IN OR FURTHER STREET GANG ACTIVITY IN
THE FIRST DEGREE IS A CLASS D FELONY.
S 280.50 COERCING ANOTHER TO  PARTICIPATE  IN  OR  FURTHER  STREET  GANG
           ACTIVITY ON OR NEAR SCHOOL GROUNDS.
  A  PERSON  IS  GUILTY OF COERCING ANOTHER TO PARTICIPATE IN OR FURTHER
STREET GANG ACTIVITY ON OR NEAR SCHOOL GROUNDS WHEN HE OR SHE  KNOWINGLY
AND UNLAWFULLY COMMITS THE OFFENSES OUTLINED IN SECTION 280.40 OR 280.45
OF THIS ARTICLE AND SUCH VIOLATION OCCURS ON OR WITHIN ONE THOUSAND FEET
OF  A  PRIVATE OR PUBLIC NURSERY, ELEMENTARY, VOCATIONAL, JUNIOR HIGH OR
SENIOR HIGH SCHOOL DURING THE HOURS  WHICH  THE  FACILITY  IS  OPEN  FOR
CLASSES OR SCHOOL RELATED PROGRAMS.
  COERCING  ANOTHER TO PARTICIPATE IN OR FURTHER STREET GANG ACTIVITY ON
OR NEAR SCHOOL GROUNDS IS A CLASS C FELONY.
S 280.55 SENTENCING LIMITATIONS.
  IF A COURT SENTENCES A PERSON TO A TERM OF PROBATION OR  SUSPENDS  THE
EXECUTION  OF  SENTENCE IMPOSED UPON A DEFENDANT FOR ANY SECTION OF THIS

S. 950                              4

ARTICLE OTHER THAN SECTION 280.05 OR 280.20,  THE  COURT  SHALL  REQUIRE
THAT  THE DEFENDANT SERVE A MINIMUM OF NINETY DAYS IN THE COUNTY JAIL AS
A CONDITION THEREOF; HOWEVER THE COURT MAY REFUSE TO IMPOSE THIS MINIMUM
JAIL  TERM  IF,  UPON  A  REVIEW OF THE EVIDENCE, IT DETERMINES THAT THE
INTEREST OF JUSTICE WOULD BEST BE SERVED BY NOT DOING SO.  IN  ALL  SUCH
CASES, THE COURT MUST SPECIFY ON THE RECORD ITS REASONS FOR REDUCING THE
MINIMUM JAIL TERM.
  S  3. The education law is amended by adding a new section 319 to read
as follows:
  S 319. NEIGHBORHOOD QUALITY OF LIFE COMMUNITY SERVICE BY STUDENTS.  1.
BEGINNING  WITH  THE  ELEVENTH  GRADE CLASS IN THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN SCHOOL YEAR AND INCLUDING EVERY CLASS  THEREAFTER,  EACH
STUDENT  SHALL  COMPLETE  A PROGRAM OF TWENTY HOURS OF COMMUNITY SERVICE
DURING THE COURSE OF THE ELEVENTH AND TWELFTH GRADES AS A  CONDITION  OF
GRADUATION  FROM  PUBLIC  OR PRIVATE HIGH SCHOOL. SUCH COMMUNITY SERVICE
SHALL BE DIRECTED AT IMPROVING THE QUALITY OF LIFE FOR RESIDENTS OF  THE
SCHOOL DISTRICT NEIGHBORHOODS.
  2.  EACH  LOCAL  BOARD  OF EDUCATION OR GOVERNING BODY MAY ESTABLISH A
LOCAL EDUCATION FUND FOR THE PURPOSES  OF  ADMINISTERING  THE  COMMUNITY
SERVICE  PROGRAM. THE BOARD OF EDUCATION OR GOVERNING BODY IS AUTHORIZED
TO ACCEPT AND DEPOSIT INTO SUCH FUND ANY CONTRIBUTIONS  FROM  BUSINESSES
OR INDIVIDUALS WISHING TO SUPPORT SUCH COMMUNITY SERVICE PROGRAM.
  3.  EACH LOCAL BOARD OF EDUCATION OR GOVERNING BODY SHALL, PURSUANT TO
GUIDELINES ESTABLISHED BY  THE  COMMISSIONER,  IMPLEMENT  A  PROGRAM  OF
NEIGHBORHOOD  QUALITY  OF  LIFE COMMUNITY SERVICE FOR STUDENTS IN GRADES
ELEVEN AND TWELVE. THE COMMISSIONER SHALL, AT THE  REQUEST  OF  A  LOCAL
BOARD  OF  EDUCATION OR GOVERNING BODY, PROVIDE ANY TECHNICAL ASSISTANCE
WHICH MAY BE NECESSARY TO AID A DISTRICT IN THE PLANNING AND IMPLEMENTA-
TION OF ITS NEIGHBORHOOD QUALITY OF LIFE COMMUNITY SERVICE PROGRAM.  THE
PROGRAM  SHALL  PROVIDE, EXCEPT AS PRESCRIBED IN SUBDIVISION ONE OF THIS
SECTION:
  (A) A STUDENT SHALL COMPLETE A MINIMUM OF TWENTY  HOURS  OF  COMMUNITY
SERVICE OVER TWO YEARS, BUT NO MORE THAN TEN HOURS IN ANY ONE YEAR;
  (B)  A STUDENT MAY COMPLETE THE COMMUNITY SERVICE DURING THE EVENINGS,
ON WEEKENDS, OR DURING THE SUMMER, BUT SHALL NOT COMPLETE THE  COMMUNITY
SERVICE DURING SCHOOL HOURS UNLESS PERMISSION TO DO SO IS GRANTED BY THE
SUPERINTENDENT  OR  COMMUNITY  SUPERINTENDENT  OF THE SCHOOL DISTRICT IN
WHICH SUCH STUDENT IS ENROLLED. PERMISSION FOR COMPLETION OF THE  COMMU-
NITY  SERVICE  DURING  SCHOOL HOURS BY THE STUDENT MAY BE GRANTED BY THE
SUPERINTENDENT OR COMMUNITY SUPERINTENDENT ONLY IF HE OR SHE  IS  SATIS-
FIED  THAT  (I)  SUCH  COMMUNITY  SERVICE  WILL  NOT  INTERFERE WITH THE
STUDENT'S OVERALL ACADEMIC PERFORMANCE AND (II) THE STUDENT DEMONSTRATES
THAT HE OR SHE IS UNABLE TO COMPLETE THE COMMUNITY SERVICE DURING  EVEN-
INGS,  WEEKEND  OR  SUMMER  HOURS  OR  PERMISSION  MAY  BE  GRANTED  FOR
COMPLETION OF THE COMMUNITY SERVICE DURING SCHOOL HOURS, IF SUCH  COMMU-
NITY SERVICE IS IN CONJUNCTION WITH AN IN-SCHOOL SERVICE PROGRAM;
  (C)  A  STUDENT  MAY COMPLETE THE COMMUNITY SERVICE REQUIREMENT WITH A
NOT-FOR-PROFIT AGENCY OR ORGANIZATION, A PUBLIC AGENCY OR INSTITUTION, A
NOT-FOR-PROFIT OR FOR-PROFIT HEALTH CARE FACILITY, OR ANY OTHER COMMUNI-
TY ORGANIZATION WHICH THE LOCAL BOARD OF  EDUCATION  OR  GOVERNING  BODY
DEEMS APPROPRIATE; AND
  (D)  A STUDENT SHALL NOT RECEIVE COMPENSATION FOR COMMUNITY SERVICE OR
SUBSTITUTE EMPLOYMENT FOR THE SERVICE REQUIREMENT BUT  MAY  PURSUANT  TO
RULES AND REGULATIONS TO BE ADOPTED BY THE COMMISSIONER, BE ELIGIBLE FOR
ELECTIVE CREDIT TOWARD GRADUATION OR TOWARD A GRADUATION REQUIREMENT, OR

S. 950                              5

AS  COLLEGE  CREDIT  IN  STATE  COMMUNITY  COLLEGES AND THE COLLEGES AND
UNIVERSITIES IN THE STATE UNIVERSITY OF NEW YORK SYSTEM.
  4.  THE  COMMISSIONER  SHALL  PERIODICALLY  REVIEW THE PROGRESS OF THE
NEIGHBORHOOD QUALITY OF LIFE COMMUNITY SERVICE PROGRAM, AND SHALL REPORT
TO THE GOVERNOR AND THE LEGISLATURE  ON  THE  FINDINGS  OF  THE  REVIEW,
INCLUDING RECOMMENDATIONS FOR CHANGES WHICH ARE DEEMED APPROPRIATE.
  5. THE DEPARTMENT SHALL:
  (A)  DEVELOP A LONG RANGE PLAN THAT INCLUDES THE INTEGRATION OF COMMU-
NITY SERVICE LEARNING INTO ACADEMIC CURRICULA;
  (B) WORK FOR THE INVOLVEMENT OF NOT-FOR-PROFIT COMMUNITY BASED  ORGAN-
IZATIONS AND YOUTH SERVICE AGENCIES INTO COMMUNITY SERVICE PROGRAMS; AND
  (C) CREATE A RESOURCE INFORMATION NETWORK TO PROVIDE ASSISTANCE, IDEAS
AND  MOTIVATION  TO SCHOOL DISTRICTS AS THEY IMPLEMENT COMMUNITY SERVICE
PROGRAMS.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT THE  AGENCIES,
ORGANIZATIONS  AND  INSTITUTIONS  WHICH  PERMIT  HIGH SCHOOL STUDENTS TO
PERFORM COMMUNITY SERVICE FROM COMPLYING WITH  BOTH  FEDERAL  AND  STATE
CHILD LABOR LAWS.
  7.  THE  COMMISSIONER  SHALL  ADOPT RULES AND REGULATIONS NECESSARY TO
EFFECTUATE THE PURPOSES OF THIS SECTION.
  S 4.   Section 1456 of  the  tax  law  is  amended  by  adding  a  new
subsection (u) to read as follows:
  (U)  SAFE  NEIGHBORHOOD  INVESTMENT  CREDIT.  (1)  A TAXPAYER SHALL BE
ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT  OF
THE  CREDIT  SHALL  BE  EQUAL  TO  TWENTY-FIVE PERCENT OF THE SUM OF THE
FOLLOWING INVESTMENTS AND CONTRIBUTIONS MADE DURING THE TAXABLE YEAR AND
CERTIFIED BY, WHERE APPROPRIATE, THE COMMISSIONER OF  EDUCATION  OR  THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES: (A) CONTRIB-
UTIONS  OF MONEY TO ONE OR MORE LOCAL EDUCATION FUNDS ESTABLISHED PURSU-
ANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED NINETEEN OF  THE  EDUCA-
TION  LAW FOR THE PURPOSES OF ADMINISTERING NEIGHBORHOOD QUALITY OF LIFE
COMMUNITY SERVICE PROGRAMS FOR STUDENTS;  (B)  INVESTMENT  MADE  IN,  OR
CONTRIBUTIONS  IN  THE  FORM  OF  DONATIONS MADE TO ONE OR MORE PROGRAMS
AUTHORIZED BY THE ADVANTAGE AFTER-SCHOOL PROGRAM;  (C)  INVESTMENT  MADE
IN,  OR  CONTRIBUTIONS  IN  THE  FORM  OF  DONATIONS MADE TO ONE OR MORE
PROGRAMS IDENTIFIED BY THE EDUCATION DEPARTMENT PURSUANT TO  SUBDIVISION
FIVE  OF  SECTION THREE HUNDRED NINETEEN OF THE EDUCATION LAW. THE TOTAL
AMOUNT OF CREDIT ALLOWABLE TO A TAXPAYER UNDER THIS  PROVISION  FOR  ALL
YEARS,  TAKEN  IN THE AGGREGATE, SHALL NOT EXCEED THREE HUNDRED THOUSAND
DOLLARS, AND SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS WITH  RESPECT
TO  THE INVESTMENTS AND CONTRIBUTIONS DESCRIBED IN EACH OF SUBPARAGRAPHS
(A), (B) AND (C) OF THIS PARAGRAPH.
  (2) THE CREDIT  AND  CARRYOVER  OF  SUCH  CREDIT  ALLOWED  UNDER  THIS
SUBSECTION  FOR ANY TAXABLE YEAR SHALL NOT, IN THE AGGREGATE, REDUCE THE
TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM TAX FIXED  BY  SUBSECTION
(B)  OF SECTION FOURTEEN HUNDRED FIFTY-FIVE OF THIS ARTICLE. HOWEVER, IF
THE AMOUNT OF CREDIT OR CARRYOVERS OF  SUCH  CREDIT,  OR  BOTH,  ALLOWED
UNDER  THIS  SUBSECTION  FOR  ANY  TAXABLE  YEAR REDUCES THE TAX TO SUCH
AMOUNT, OR IF ANY PART OF THE CREDIT OR CARRYOVERS OF  SUCH  CREDIT  MAY
NOT  BE  DEDUCTED  FROM  THE  TAX  OTHERWISE  DUE BY REASON OF THE FINAL
SENTENCE OF THIS PARAGRAPH, ANY AMOUNT OF CREDIT OR CARRYOVERS  OF  SUCH
CREDIT  THUS  NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO
THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE  TAX  FOR  SUCH
YEAR OR YEARS. IN ADDITION, THE AMOUNT OF SUCH CREDIT, AND CARRYOVERS OF
SUCH CREDIT TO THE TAXABLE YEAR, DEDUCTED FROM THE TAX OTHERWISE DUE MAY
NOT,  IN  THE  AGGREGATE,  EXCEED FIFTY PERCENT OF THE TAX IMPOSED UNDER

S. 950                              6

SECTION FOURTEEN HUNDRED FIFTY-FIVE OF  THIS  ARTICLE  COMPUTED  WITHOUT
REGARD TO ANY CREDIT PROVIDED FOR UNDER THIS ARTICLE.
  S 5. The sum of fifty million dollars ($50,000,000), or so much there-
of as may be necessary, is hereby appropriated to the office of children
and family services from any moneys in the state treasury in the general
fund  to the credit of the local assistance account not otherwise appro-
priated for services and expenses of the office of children  and  family
services and any other appropriate agency or department for the purposes
of  implementing  the  programs authorized by the Advantage after-school
program. Such sum shall be payable on the audit and warrant of the state
comptroller on vouchers certified or approved by the commissioner of the
office of children and family services, or his or  her  duly  designated
representative  in  the  manner provided by law. The commissioner of the
office of children and family services shall distribute such  moneys  to
school  districts known to be areas of high risk for gang related activ-
ities for the purposes of:
  1. education and outreach programs directed at students in grades  two
through nine which promote awareness of the dangers of gang affiliations
and gang related violence in neighborhoods; and
  2.  local  education  funds established pursuant to section 319 of the
education law, for the purposes of funding and administering the  neigh-
borhood  quality of life community service program for students in elev-
enth and twelfth grades.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  the  attorney  general  and  the commissioner of education and the
commissioner of the office of children and family services  are  author-
ized  and directed to promulgate any rules and regulations necessary for
the timely implementation of this act  on  its  effective  date,  on  or
before such date.

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