Black, Puerto Rican, Hispanic & Asian Legislative Caucus Members 2013

Officers
Assemblyman Karim Camara, Chairman Assemblyman William Scarborough, 1st Vice Chairperson Assemblyman Eric Stevenson, 2nd Vice Chairperson Assemblywoman Vivian E. Cook, Secretary Senator Ruth Hassell-Thompson, Treasurer Senator Bill Perkins, Parliamentarian Assemblyman Francisco Moya, Chaplain

Members
Eric L. Adams Carmen E. Arroyo Jeffrion L. Aubry Inez D. Barron William F. Boyland, Jr. Nelson L. Castro Barbara M. Clark Marcos A. Crespo Martin M. Dilan Adriano Espaillat Rafael L. Espinal, Jr. Herman D. Farrell, Jr. David F. Gantt Vanessa L. Gibson Carl E. Heastie Earlene Hooper Guillermo Linares Velmanette Montgomery Flix Ortiz Kevin S. Parker Crystal D. Peoples-Stokes Jos R. Peralta William Perkins N. Nick Perry J. Gary Pretlow Philip Ramos Gustavo Rivera Jos Rivera Samuel D. Roberts Annette Robinson Robert J. Rodrguez John L. Sampson Jos Serrano Malcolm A. Smith Andrea Stewart-Cousins Michele R. Titus Keith L.T. Wright

A MESSAGE FROM THE CHAIRMAN Assemblyman Karim Camara The New York State Black, Puerto Rican, Hispanic and Asian Legislative Caucus is comprised of 49 Senators and Assembly members from districts across the state. Although the composition is diverse, our goal is wholeheartedly singular: a legislative agenda that benefits all residents of New York State. From working mothers to immigrant populations to small businesses, all groups have representation within the caucus and their interests are advocated therein. New York faces economic uncertainty, a weakened middle class, rising unemployment, exorbitant health care costs, and cuts in education spending. How to best construct a budget that addresses the varied needs in the state remains a challenge, further exacerbated by partisan agendas that have dominated the discourse for too long. Members on both sides of the aisle have solid ideas that can return vibrancy to New York State. It is our duty to convene to discuss and debate those ideas, and it is critical we reach a solution rather than delay critical decisions based on election calendars. Presented below are the Caucus Legislative and Budget Priorities for 2013 Session, a compilation of topics and issues that the caucus places the utmost importance within budget discussions and a base line for the formulation of policies this year. This document represents a collaborative effort by numerous organizations and offers an alternative view on how to remedy the various long-standing issues in communities across the state, through the fair and equitable distribution of resources.

ACKNOWLEDGEMENTS

We would like to express a special appreciation to all of the Legislators, staffs and community groups who have contributed to this publication. Without their talents, dedication and commitment, Budget Equity XX would not have been possible.

We would also like to thank our staff for the editing, processing and production of this document:

Chief Content Editor: Jervonne Singletary Coordinator: Julia Battista Contributors: Nantasha Williams Jonathan Holloman

Housing
Communities of color are adversely affected by the housing crisis, where affordable housing is becoming scarce in New York State. Low income New Yorkers rank affordable housing at the top list of problems they face. Gentrification has changed the landscape of housing in New York City, forcing many longtime residents to move from their changing neighborhoods. For many communities there is a permanent state of housing instability. The caucus advocates a number of ideas to help those experiencing housing instability, including: Protecting and restoring the Low Income Housing Tax Credit Program (LIHTC), a dollar-for dollar tax credit in the United States for affordable housing investments. Securing permanent funding for the National Housing Trust Fund (NHTF). NHTF supports efforts to create and preserve the supply of rental housing for low income families, including homeless families. Maximizing the Community Development Financial Intuition (CDFI) program. CDFI is aimed at increasing private investment in distressed communities and building the capacity of the federally designated CDFIs that have demonstrated a commitment to serving economically disadvantaged communities and consumers under the primary purpose of community development.

Caucus members have proposed legislation to protect against vacancy decontrol in which rent stabilized units are removed from regulation, therefore diminished the stock of affordable housing. We are also in favor of partnering with non-profit organizations that help those in jeopardy of losing their home, and foreclosure prevention programs. The state must increase the stock of affordable housing in all communities and increase mixed-income housing.

Education
Community Schools The State Department of Education released a list of 750 Focus and Priority Schools schools were the academic achievement is unacceptably low; the worst of the worst where clearly New York is not meeting its constitutional obligation to 500,000 children or more. Almost all of these 750 schools are located in high poverty communities and many service communities of color.

The state should adopt the community schools approach for all 750 Focus and Priority schools. Community Schools brings in collateral resources to address issues associated with poverty that in turn impact education. Students and their families will be able to take advantage of a wide array of program health, dental and vision clinics, meal program, counseling, social services, tutors and enrichment programs. The resources brought into the schools are integrated and provide immediate access for students to the services they need. This allows the school to address the needs of the whole child. The United Federation of Teacher, New York City Council and the Partnership for New York City are already co-sponsoring community school grants in New York City. In those schools a resource coordinator in the school conducts needs assessments, engages parents and the community, builds relationships and partnerships with organizations and businesses, secures resources and programs, and integrates those services and programs into the school building. The state should utilize this model and create a similar program for the 750 Focus and Priority schools that are schools. These schools would then be supported by health and dental clinics, counseling program, mental health services, tutoring and more.

Early Childhood Education Restore the States investment in early childhood education programs in order to stabilize the subsidized child care system in New York State. Since 2010, spending on childcare in New York has declined by $93 million. Child care subsidies need to be preserved for childrens educational and social development and to support parents ability to maintain their jobs. Hundreds of low-income families across the state have lost critically needed subsidies that serve as a linchpin in parents ability to secure and maintain jobs. To compensate for budget cuts, districts throughout the state have limited income eligibility and have raised parent fees. The caucus strongly supports the inclusion of language from A.8101-Titus/S.5586Savino; S.5335-Savino (from SFY 2012-13) in the 2013 Education, Labor and Family Assistance Article VII budget bill. This cost saving option would help stabilize the subsidized child care system by providing a temporary waiver from welfare work requirements for single parents of infants and toddlers. This would free up childcare and administrative funding to allow the state to stabilize the funding levels for the subsidized child care system until the economy fully recovers. This will enable low-income parents to keep their current jobs, and allow parents of young children who are receiving welfare the option to provide child care for their own infants and children in their homes. Parents receiving public assistance who are working outside of the home or participate in an education or training program will be also be provided child care. Secondary Education

Support Students According to the Department's recent ESEA Waiver request, only 53% of students meet or exceed English Language Arts (ELA) standards in 2009- 10, while in math, only 63% of students meet or exceed standards. Further, the achievement gap continues to highlight the disparate performance rates for African-American and English Language Learners (ELLs) throughout the state. Thirty-five percent of African-American students meet or exceed the ELA proficiency standard. In math, 44% met or exceed the proficiency standard. Only 13 percent of ELLs met the proficiency standard in ELA. In Math, 32% met the Math proficiency standard. Several caucus colleagues , sponsored A.9824/S.7247, a bill that amends Education Law to require schools deemed failing set aside a portion of their Title I funds and offer supplemental education services to low-income students free of charge. Parents whose children have benefited from tutoring praise its results, as tutoring and mentorship have proven to improve grades and enthusiasm for learning. Unfortunately, tutoring is out of reach for many low-income families. We believe that all children deserve to achieve academic success, regardless of family income. This legislation will bring us closer to that end. Ensure continuity of and support for High School Equivalency (HSE) More than two million working-age New Yorkers lack a high school or equivalent diploma, making them extremely vulnerable to joblessness and low wages when they are able to find work. In 2011, unemployment for individuals without a high school diploma in New York State was 12.2%, compared to 8.7% for those with no more than High School Equivalency (HSE). HSE also opens the door to college and advanced training, which improves the odds of finding work and increases earnings potential. Traditionally, the test of General Educational Development (GED) has served as the pathway for those without a high school diploma to earn the equivalency. However, the producers of the GED have announced major changes to the exam for 2014, and we are now in a period of great uncertainty about the future of high school equivalency in New York as the state considers its options for HSE. The caucus strongly believes that the state should: Ensure no disruption of HSE service continuity between December 2013 and January 2014 and beyond. Even if New York State offers a new exam instead of the GED as its recognized pathway to equivalency, it should work to ensure that programs that prepare and test individuals for equivalency receive ample time and support so there is no discontinuation in their ability to help individuals pass the test and become stronger contributors to our economy. Ensure that State Education Law 317, which provides that New Yorkers cannot be charged a fee for exams to determine high school equivalency, is not overturned. Private lobbyists and officials within the New York State Education Department have begun to explore measures to raise funds for supporting high school equivalency by overturning 317, and making individuals pay to take the exam. Given that HSE test-takers are overwhelmingly low-

income, and that the state benefits from much higher tax revenues from individuals who pass the exam and improve their employment, we believe that 317 must stay intact. We are strongly against balancing the budget on the backs of poor individuals, especially those working hard to better themselves through education, regardless of their age. City University of New York (CUNY) The caucus is concerned about the recent large drops in black and Latino enrollment at the City University of New York (CUNY). Black and Latino freshman have dropped out considerably since the onset of the recession, as white and Asian applications have increased, in part due to financial considerations. CUNY has increased its admissions requirements which are primarily based on the SAT exam during this period, resulting in the steepest decreased of black and Latino at the most selective CUNY campuses. The 2011 freshman class at Baruch College, for example, had a lower percentage of black students than Harvard Universitys. CUNY currently gives no consideration to race, household income, neighborhood, or other socioeconomic factors in its admission decisions. We believe that CUNY should adopt a more holistic admissions approach to increase the diversity at its senior colleges. CUNY should also rely less on the SAT exam, which is not the prime predictor of college success for prospective students, and offer support to students of color who fall just short of SAT benchmarks. This should include: Consideration of race, household income, neighborhood, and school factors in admissions decisions. CUNY admissions should consider a range of factors in each applicants application, and students with SAT scores that fall within 100 points of requirements should receive consideration for their race, household income, and the quality of the high school, with weight given to students who are underrepresented in these areas. Guarantee admission to a senior college to students who finish in the top third of their high school class. High school grades are a consistently better indicator of college success than SAT scores. If these students have SAT scores that do not meet requirements of the least selective senior colleges, CUNY should offer students a summer intensive program to help them prepare for fall admission, as well as ongoing supports in the first two years or enrollment.

Campaign for Fiscal Equity It has been almost twenty years since Robert Jackson and parents of public school students in New York City sued New York State in the Campaign for Fiscal Equity for failing to provide students with the quality education guaranteed in the New York State Constitution. It took thirteen years from the time the CFE suit was filed in 1993; a long journey that led to the States highest court to rule that the state was failing to provide students with the classroom resources necessary to receive the sound basic education or

meaningful high school education that is their constitutional right. For two years students across the state benefited from funding increases in their schools. This translated to smaller classrooms, middle and high school reform, ESL programs, a wide variety of electives, more Advanced Placement courses, music, art and physical education, more pre-kindergarten and kindergarten. It also provided for extended day and year programs that not only provided remediation, but in many cases provided enrichment. New York State has failed to deliver on the court ordered promise of CFE. Although the state honored its CFE commitment for two years in 2007 and 2008, the state has largely abandoned its CFE commitment and another generation of students are in schools without adequate educational resources. 2007 and 2008: Two Years of Progress In 2007, the Governor and the Legislature reformed the state school finance system in order to settle the Campaign for Fiscal Equity lawsuit. The state enacted a new foundation aid formula that: Adopted a foundation aid formula based upon fairness, equity and opportunity. The foundation aid formula prioritized high needs districts and provided significantly more school aid for students living in poverty, students with disabilities and English language learners. School aid increases were tied to successful educational strategies, including extended classroom time, programs for English language learners, middle school and high school reform, expansion of pre-kindergarten, small class sizes and programs to improve the quality of teaching. Committed to a $5.5 billion increase in foundation aid to be phased in over four years in order to improve educational opportunities and increase equity. In the first two years the CFE funding made possible significant improvements through after school and augmented day programs, tutoring, early college programs, programs for English language learners, expanded pre-kindergarten and more. In 2007 and 2008, the state honored is CFE commitments, but in 2009 all of that changed. First the state froze funding, then the state enacted record cuts in 2010 and 2011 totaling $2.7 billion. Students in high need districts suffered the largest cuts, despite being behind from the start.

Over 30,000 teachers and other educators have lost their jobs 1 59% of schools have cut extra help for students who need it,2 36% have cut back on summer school,3 63% have increased class sizes,4 41% have made cuts to advanced and enrichment courses,5 44% have cut high school electives,6 17% have cut Career and Technical Education, 7 22% reduced art classes and 24% reduced music classes,8 and 59% have cut teacher professional development 9

CFE: Where We Stand in 2013

1 2

NYSUT September 2011 Legislative Fact sheet: Consequences of New York State Education Cuts. At the Edge, NYSCOSS, page 12 3 At the Edge, NYSCOSS, page 12 4 At the Edge, NYSCOSS, page 12 5 NY State School Boards Association and NYS Association of School Business Officials survey May 7, 2012 6 NY State School Boards Association and NYS Association of School Business Officials survey May 7, 2012 7 NY State School Boards Association and NYS Association of School Business Officials survey May 7,2012
8 9

At the Edge, NYSCOSS At the Edge, NYSCOSS, page 11

New York States Commissioner of Education Dr. John King has repeatedly warned that our schools face the prospect of educational insolvency whereby they will not be able to provide the quality of education students need to be prepared for college. In some cases, students will be unable to fulfill the requirements for high school graduation. According to the New York State Board of Regents10, these actions by the state have hurt our schools by leaving them: With state school funding below 2008-09 levels; A $2.2 billion Gap Elimination Adjustment that has to be paid back by the state to schools; and Foundation aid that is $5.5 billion behind what was committed in the CFE settlement. The result is that:
Many of our school districts may have difficulty meeting financial obligations and will risk cutting programs and personnel to the point of not being able to provide a sound, basic education to our students.

--NYS Board of Regents Policy Memo, April 20, 2012 At the current rate and with present state law the CFE commitment will not be fulfilled until at least the 2027-28 school year without even accounting for inflation that will occur between now and then. 11 Though ordered to comply with the ruling in favor of CFE in 2004, it will be 23 years before the State of New York abides. First filed in 1993, student who was entering ninth grade at the founding ofCFE could easily be the parent of a ninth grader by the time New York State gets around to fulfilling CFE. For generations of students, a dream deferred continues to be a dream denied. The growth ceiling for state school aid based on personal income is partially to blame, as it stunts funding for school improvement. Under the current school finance system schools began receiving small annual increases in 2012, but not enough to prevent more and more classroom cuts.

10 11

New York State Board of Regents, 2013-14 Regents State Aid Conceptual Proposal, November 8, 2012 Alliance for Quality Education.

Calculations for the chart above were based on the amounts of Foundation Aid as reflected in the School Aid Runs published by the NYS Education Department. Since Foundation Aid constitutes 79% of total school aid, we multiplied the total enacted cut by 79% to find the cut to Foundation Aid for 2010 and 2011 respectively. We then subtracted that cut from the Foundation Aid amount that was reflected in the enacted School Aid Runs. To calculate the amount that should have been in Foundation Aid, we added the $5.5 billion in statute to the base amount (2006 amount).

Immigration
New York is home for an estimated 1 million undocumented immigrants making it the state with the second highest undocumented immigration population in the country. The immigrant population contributes to the states economy as workers, consumers, business owners and tax payers. However, they are often left out and unaccounted for in state programming. The caucus considers many avenues to aid immigrants, including: 1. Supporting ESL as a major workforce development strategy for immigrant workers - Immigrants recognize that learning to speak English is the single most important thing they can do to succeed, economically, in New York.

2. Advocating for a responsible immigration policy that creates a pathway for citizenship for the 11 million undocumented immigrants currently living in the United States.

3. Establishing a Welcome to New York initiative for new immigrants, providing funding to community-based organizations to provide beginner English/civic classes, assistance with immigration requirements, job referrals and other services needed to assist newcomers to integrate successfully. Although immigrants account for over $200 billion in annual economic output in New York, they are often wary of government, which keeps them from accessing key protections and services. We aim to connect these populations with providers of essential services, and empower individuals to work with the system to access support that is rightfully theirs. Dream Act One of the caucus top priorities this year is ensuring the passage of the Dream Act and Dream Fund legislation. These pieces of legislation provide access for undocumented students of immigrant families to scholarship funds and the Tuition Assistance Program to help offset the rising cost of college tuition. The Dream Act will allow undocumented young adults who entered the county before age 18 and have lived in New York State for a minimum of two years to have access to financial aid opportunities while attending college within the state. As we contemplate the 2013 State Budget, we must place the high priority on investments in education, allowing increased economic agency for populations that have contributed significantly to our growth, but have been marginalized. Passage of the NY State Dream Act, which extends the Tuition Assistance Program (TAP) to include eligibility for certain undocumented students, is the most effective method. It is well known that in todays society an affordable higher education provides a stronger return on investment than a secondary education in any economy. Calculating the precise cost of expanding state aid is challenging; however, the Fiscal Policy Institute12 estimates that the passage of the NY State Dream Act amounts to an additional 2% ($17 million) of the total State Aid to undocumented students. Moreover, it is estimated that while the state would be investing a maximum TAP aid of $5,000 per year for 4 year colleges, it is expected to increase the median earned income of bachelors degree holders in New York by $25,000 per year. This amounts to additional taxes of $3,900 per year played to state and local governments. For students pursuing 2-year degrees, it is estimated that the state would be investing a maximum of $4,000. Earning an associates degree increases the median earned income of individuals by $10,000, with $1,000 in higher state and local taxes paid per year.
12

http://www.fiscalpolicy.org/FPI-CostBenefitAnalysis-NYS-DREAM-Act-20120309.pdf

Passage of the New York State Dream Act, however, is more important than monetary gains alone for New York. It will support the pillars of equality and educational access that have made New York a symbol of opportunity. Denying some high school graduates the financial support afforded to others, perpetuates inequality and impedes the growth of an educated workforce. As we advance in a growing global economy we benefit from a multicultural educated workforce, which is compromised without equal access to financial support for higher education. Now is the time for our peoples budget to accurately reflect the values and principles we purport to uphold. We must allocate financial aid funding to all qualified students, and ensure the passage of the NY State Dream Act. Dream Fund/DACA Helping young adults afford college not only allows them to realize their dreams, it enriches society as a whole. Assemblyman Moya introduced A.8689B, a bill that establishes a private commission to raise scholarship funds for children of immigrations, both undocumented and with status. This bill requires no public monies, and students would have to apply for the fund. California and Illinois have passed legislation to create such commissions. Assemblyman Moya, in partnership with speaker Silver, also introduced A.10807, the New York Deferred Action for Childhood Arrivals (DACA) Act. If passed, this will allow undocumented students who were granted Deferred Action for Childhood Arrivals (DACA) at the federal level to apply for state financial aid that is currently available to other students, such as the Tuition Assistance Program (TAP). Such financial aid is often the determining factor of whether or not a student can afford tuition. This legislation gives students, who have been educated in our school systems for most of their lives, to join their peers in attaining higher education.

Bolster Working Families

Increase the Minimum Wage Assembly Bill 9148, introduced by Assemblyman Keith Wright and championed by Speaker Sheldon Silver, passed unanimously in the State Assembly, though the State Senate refused to bring this bill up for a vote during the 2012 session. Assembly Bill 9148 will raise New Yorks minimum wage from $7.25 to $8.50, and index it to inflation so to keep pace with the rising cost of living. The caucus strongly supports this bill; New York State has the greatest gap between rich and poor in the United States, and we believe that this bill moves New Yorkers a step closer to closing this gap and minimizing income and economic inequality. In New York State, many individuals work full time but must still rely on public assistance of some form to provide themselves and their families a dignified standard of

living. Such programs include Temporary Assistance to Needy Families (TANF), the Food Stamp Program, Women Infants and Children(WIC), and Medicaid/Medicare. Working families and low wage earners struggle to survive and are often left with no discretionary income. We must enact progressive legislation that rewards these hardworking men and women who are trying to make ends meet. If minimum wage were to reflect inflation since the 1970s, minimum wage would be $10.80 today. This proposed legislation isnt as controversial and radical as opponents claim: eighteen other states and the District of Columbia have higher minimum wages than New York and have indexed their wages to reflect inflation. Ironically, New York State has one of the highest costs of living, consistently making the list of top 10 most expensive places to live in various polls, and reports. According to the Economic Policy Institute (EPI), increasing the standard of living for the poorest and most vulnerable class in society, also decreases the cost of governmental social welfare programs by increasing incomes for the lowest paid, higher minimum wages also encourage people to join the workforce rather than pursuing money through illegal means. Not only does a raised minimum wage affect individuals directly, it strengthens society as a whole by lowering governmental spending, reducing crime, and boosting the economy. Those opposed to this bill contend that it may potentially hurt small businesses and deter the employment of youth-particularly minority youth-and young adults ages (20-24). To date, there has been no significant evidence proving any overwhelmingly negative effect of increased wages. David Card and Alan Kreuger, preeminent labor and economic scholars and, authors of Myth and Measurement: The New Economics of the Minimum Wage, conducted strong research on minimum wages that has stood the test of time. Card and Kreuger argued that the negative employment effects of minimum wage laws are minimal if not non-existent. Many opponents have also argued that raising minimum wages is less effective than other alternative methods such as the earned income tax credit. However, the earned income tax credit is not enough to provide relief these individuals who are living on or below the poverty line. A comprehensive plan to bridge income gaps must include increasing minimum wage to reflect inflation and cost of living increases. EPI characterized the last decade a lost decade for wage growth. Throughout this past decade there has been an increased wage inequality between workers at the top and those at the middle, and by the continued divergence between overall productivity and the wages or compensation of the typical worker. If we want the fruits of economic growth to benefit the vast majority, we will have to adopt a different set of guideposts for setting economic policy, as the ones in place over the last several decades have served those with the most income, and wealth. Our nations top unions and not for profit organizations such as AFL-CIO, AFSCME, SEIU, Hunger Action Network, and Feeding America are strong supporters of this

legislation. They too believe that it will help combat poverty and grant workers more bargaining power. Raising the minimum wage is a matter of economic fairness, and we must firmly advocate for the passage of Assembly Bill 9148. This upcoming session we must push for the passage of this legislation and for its swift implementation. Most legislation that has been put into place has failed to legitimately address concerns placed on poverty. Assembly Bill 9148 would directly improve the lives of working class families by roughly adding an additional $200 to their monthly income. Employment The recent economic downturn only exacerbated the disproportionate job loss and unemployment rates experienced by people of color. The unemployment rate for African Americans has been roughly double that of whites for the past 40 years. In 2012, while the overall U.S. unemployment rate was 8.2%, the rate among African Americans was 14.4%, while the Hispanic rate was 11%. New York State must commit to addressing the structural problems that result in high unemployment for communities of color. The caucus supports initiatives to get the unemployed back in the work force, including on the job training partnerships that offer job training for those who are unemployed or underemployed, the expansion of state funding for youth jobs program, and the creation of the Rebuild NY State Infrastructure Bank. This entity will use money received from the State or the proposed Federal Infrastructure as equity, and lever that equity to create a pool of funds for investment into economic development or transportation infrastructure projects. Further, we support increasing MWBE participation in the procurement of state financed and state economic development projects. We propose such initiatives as the creation of a Mentor Protg Program, easing bonding restrictions on MWBEs, and helping MWBE contractors identify government contracting opportunities. Governor Cuomo announced a goal of 20% MWBE participation by 2012, but we are still far from that number. The caucus is committed to using every resource available to make contract distribution more equitable. Welfare Reform The caucus supports A.3423A-Wright/S.6910-Savino. The bill strengthens recipients' protections from wrongful sanctions and ends durational sanctions. Erroneous case sanctioning practice keeps eligible very low-income households from receiving critical cash assistance. The bill would remedy this pervasive problem. Full family sanctions are misguided, punitive, and harmful and will not lead to the desired goal of increased compliance. Full family sanctions create an immediate family crisis and put the welfare and safety of the children and the basic stability of families at risk. Sanctioning children in poor families makes them two to five times more likely to suffer: stunted growth, exposure to lead poisoning, low birth weight, repeat of a grade,

iron deficiency, expulsion from school, serious disabilities, or dropping out of school. Full family sanctions also disproportionately affect parents who have one or more barriers to employment. Sanctions are often misapplied, causing tremendous harm to families who are, in fact, in compliance with program requirements. Proponents of full family sanctions argue that they are intended to encourage compliance with program requirements and eventually transition recipients off welfare. However, studies have shown that sanctioned families are less likely to be employed than non-sanctioned families, and are more likely to return to the welfare system.

Public Safety
Gun Violence In June of 2012, the Assembly passed A.1157-b, a bill requiring semiautomatic pistols manufactured or delivered to any licensed dealer in New York State be equipped to microstamp ammunition. This would aid law enforcement in ballistic investigations, and keep our streets, playgrounds, and places of business safer for everyone. African Americans have the highest rate of firearm death among racial and ethnic groups in the United States. A 2011 U.S. Department of Justice study found that African Americans are six times more likely to be victims of violent crimes than the next closest ethnic group. Additionally, African American children and teens are almost five times more likely to be killed by firearms than their white peers and twice as likely as their Hispanic peers. Homicide is the leading cause of death among African American adolescents. This is an SOS for New York to come together and end the gun violence that clouds our horizon. New Yorkers against Gun Violence is a strong partner in our fight against gun violence. They have identified a number of loopholes in state laws (New York and beyond) that allow individuals access to guns that are used in the commission of crime. 85% of guns traced to crime have been brought in from states with lax or no background check requirements. Further, many states do no limit the amount of guns purchased at one time by an individual, leading to trafficking to New York. Further limiting the amount of guns New Yorkers can buy at one time, and pushing for stronger federal legislation are both methods to attack these problems. Although New York has tighter gun laws than the federal standard, we need to ensure that residents are safe from out of state guns used on our streets.

Standardization for Marijuana Offences Standardization of marijuana penalties ranks very high on the Caucus priorities list, as this is an inherent issue of fairness. In 1977, at the behest of many affluent individuals whose children were facing insurmountable consequences for small amounts of marijuana, the state reduced possession of less than 25 grams of marijuana from a misdemeanor to a violation. Currently the law allows individuals to have up to 7/8ths of an ounce of marijuana on their personal possession before it is considered a misdemeanor. However, once any amount of marijuana is in public sight, it becomes a misdemeanor. The application becomes dubious when law enforcement officials coerce individuals to empty their pockets, in which all contents become visible. Last year alone there were over 50,000 arrests for small amounts of marijuana. The law as it stands wastes a tremendous amount of resources for unnecessary criminal proceedings and incarceration. Most marijuana users are not violent criminals and the majority of the arrests are made under Stop and Frisk, not during the commencement of a crime. The ramifications of a marijuana arrest and subsequent misdemeanor conviction are numerous it will bar individuals for receiving federal financial aid, enlisting in the Armed Services and many employment opportunities because a criminal background check is now standard operating procedure. Most individuals impacted by the current practice are minority youth-a group that simply cannot afford to lose the aforementioned opportunities.

Criminal Justice
One in three New Yorkers has a criminal conviction-70% for low-level misdemeanors and violations- preventing thousands from employment, housing, and educational opportunities, even after making significant changes in their lives. Blocked from working in the legitimate economy, they become discouraged and drain the resources of their communities. It is time that the caucus pushes for services that seek to help New Yorkers move past these barriers and become active participants in the States economy and in the life of their own neighborhoods. In 2011, the Caucus recognized that despite the reform of the Rockefeller Drug laws, New York State prisons remain overcrowded with a disproportionate number of minorities As whole, rates of arrest, conviction, and incarceration of people of color remain grossly disproportionate. One of the most pernicious collateral consequences of criminal justice involvement is the employment barrier it creates. This problem is intensified in the current economic downturn which also disparately impacts the employment of people of color. In this environment, the elimination of unfair barriers to employment for criminal-justice involved New Yorkers is vital.

In order to fully address the needs of this population the caucus supports several initiatives: Consumer Reporting of Criminal History- Potential employers may purchase a commercially produced background checks containing a prospective employees criminal history. While there are rules forbidding the report of arrest that do not lead to a conviction and of sealed delinquency and youthful offender records, there is little monitoring to ensure that reporting agencies follow the rules. At least one of the major legal research sites provides arrest information (regardless of outcome) to all subscribers. RAP Sheet Inaccuracies- Government employers, child care and home health care agencies, schools, museums, and financial agencies all have access to a potential employees record of arrest and prosecution (RAP) sheet. Pursuant to statutory mandate, a wide range of arrests that do not result in a criminal conviction, certain convictions for possession of marijuana and certain convictions for offenses created by the now reformed Rockefeller Drug Laws must be removed from a RAP sheet. Like any other record keeping system, RAP sheets often contain inaccuracies, both due to failure to seal arrest and errors in the level or nature of an offense charged. When such errors remain in resources that are relied upon, employers unfairly consider untested charges and convictions against public policy. Records of the Office of Court Administration- Records of unsealed misdemeanor and felony convictions are publicly available without authorization. These too often contain inaccuracies which lead to unfair decisions by employers

In concert, these issues produce unnecessary barriers to those involved in the criminal justice system and often contribute to the high rates of recidivism. Individuals who are locked out of traditional employment because of the above mentioned barriers must still provide for their families. If we are truly committed to the rehabilitation of recently released individuals, then we must address these impediments.

Legislative Member Items

Lastly, the caucus feels that legislative member items to not-for-profit organizations are low-cost avenues to extend the resources of the state equitably across districts to meet cash shortages that would otherwise go unmet in these difficult economic times. These funds are critical to many important non-profits that do the work of government agencies, from foreclosure prevention to human services recertification to juvenile justice service provision. Discretionary funds also provide critical economic development support; for example, non-profits have invested in capital projects and workforce development programs, which bring economic activity to the community. These non-profits are filling critical gaps and serving vulnerable populations; for the last two years, they have struggled to stay afloat without government support.

BUDGETARY PRIOIRITES
Health Care Provisions and Access Preserve high priority programs of the AIDS Institute. FPWA greatly appreciates that the enacted budget for FY 2012-2013 allocated additional funding to HIV/AIDS core infrastructure programs. This included an increase of funding in the amount of $525,000 for Community Services Providers and $525,000 for MultiService Agencies/Community Development Initiatives. We hope the Governor and legislature will continue to support this funding enhancement in the budget for FY 20132014. FPWA is also pleased that the statutory protection language for core, safety net programs in the AIDS Institute budget was maintained in the adopted budget. Prevent Homelessness for Thousands of People Living with AIDS FPWA strongly supports the inclusion of language from A. 6275 (Glick) and S.7725 (Duane) (from SFY 2012-13) in the 2013 Education, Labor and Family Assistance Article VII budget bill to prevent homelessness for New Yorkers permanently disabled by HIV/AIDS and their families. This legislation proposes to enact an affordable 30% rent cap affordable housing protection for clients of the HIV/AIDS Services Administration (HASA) who receive a rental subsidy. This legislation would correct discrepancies and discrimination within NYC HIV/AIDS Service Administrations rental assistance program by aligning it with the long-term standard for affordable housing used by the federal Department of Housing and Urban Development (HUD). Workforce Development Restore TANF funding that was completely eliminated or drastically reduced. Using a combination of TANF block grant and contingency funds, the state allocated $39 million in funds for employment and training programs in SFY 2009-2010. This funding was reduced to $14 million in the 2010-2011 year, and was totally eliminated in the 2011-2012 Executive Budget. However, last year the State Legislature fortunately restored funding for some of these programs in the final adopted budget. We urge the Governor to provide appropriations in the Executive budget, and the Legislature to continue to prioritize, the following programs: BRIDGE - $800,000 Career Pathways - $4.25 million Transitional jobs - $5 million Wage Subsidy - $13.05 million

Youth Services Support $28 million in funding for the Advantage After School Program (AASP). The final 2012-2013 budget funded Advantage at $17.8 million, nearly a $5 million reduction from 2010-2011 legislative session. The reduction eliminated access to programs for 4,000 children and resulted in the loss of 400 jobs throughout New York. AASP provides quality youth development opportunities to school-age children and youth for three hours directly after school. Funding levels to program providers are currently insufficient and need to be restored to at least the 2009-2010 levels of $28 million. These programs offer a broad range of educational, recreational and culturally age-appropriate activities that integrate school day experiences. Investing in after-school programs can help school districts improve student retention and increase student achievement at a low cost. If there is a decrease in juvenile crime due to a program, communities can also save resources. It is estimated that preventing one youth from lifelong involvement with the criminal justice system saves $1.3-$1.5 million. Support increased funding for Runaway and Homeless Youth Act (RHYA) Programs. RHYA was funded at $2.5 million in the final 2012-2013 budget, receiving a $215,000 increase over the previous year. The program was allocated $4.7 million for 2010-2011. RHYA funding includes services such as street outreach and referral services, drop-in centers, crisis shelters, and transitional independent living programs. The reduction of funding for these programs has resulted in the elimination of transitional/independent living shelter beds for runaway/homeless youth. Child Welfare Invest in Subsidized Kinship Guardianship Program (KinGap) as an alternate permanency option for children in foster care. The Foster Care Block Grant was funded for a second fiscal year at $436 million, including the Subsidized Kinship Guardian Program (KinGap). The FY 2012-2013 adopted budget provides funding for the KinGap program out of the Foster Care Block Grant on a one-year pilot basis. FPWA is a strong supporter of subsidized kinship guardianship as a permanency option for children in foster care. Adoption does not work for every family, and subsidized guardianship would allow children in long-term care who are unable to return to their parents to exit the system into secure living situations with kinship caregivers. Research shows that kinship care is associated with improved stability and social outcomes for foster children and that kinship guardianship is an important option for both older youth, who are at risk of aging out of the system, and communities of color, whose cultural norms already support care giving for children by extended family members. We encourage the Governor and legislature to expand the pilot program and fund the Subsidized Kinship Guardianship Program (KinGap) outside of the foster care block grant.

Office of New York State Child Advocate Bill Passes Legislature. Advocates in New York State will examine, evaluate, and report to the chief executive and the legislature on issues within publicly funded programs and multi-systemic issues that children in the State's care and their families experience. The Child Advocates office will promote statutory, regulatory or policy changes aimed at improving outcomes and services for children and families in New York, and monitor the implementation of policies and regulations applicable to the legal rights of children in the States care. He or she would recommend changes in State policies that may have an impact on certain publicly funded programs, or those that service children and families, and take appropriate actions aimed at promoting the rights, safety, and well-being of children in New York State. We spend a great deal of money on children in New York State, and it seems as though there is no one person responsible to ensure that these children have the best possible outcomes, said the bills champion, Assemblywoman Barbara Clark. An independent Child Advocates Office, answerable only to the Governor, would be able to ensure that the services we provide for children in New York State are properly implemented and generating positive results.

Elderly Welfare Support additional funding for Social Model Adult Day Service (SADS) Programs. SADS programs are designed to provide a variety of long-term care services to older New Yorkers with functional impairments in a congregational setting and in accordance to an individualized service plan. Additional support for these programs is needed due to the growth of the senior population; fortunately, SADs programs are cost-effective. SADs programs keep seniors at home and in their communities, averting premature placement in more expensive and higher levels of care. Support $46.8 million for the Expanded In-Home Services for the Elderly Program (EISEP). An essential segment of the EISEP program is case management. EISEP provides home care, non-medical in-home services, case management, non-institutional respite, and ancillary services to seniors. EISEP assists seniors with Activities of Daily Living (ADLs), such as dressing, bathing, and personal care. It also helps the elderly with Instrumental Activities of Daily Living (IADLs), including shopping and cooking so that seniors may remain in their homes. EISEP funds may also be used for SADS programs. EISEP funds in New York City have been greatly reduced for home care, resulting in long waiting lists for service. Seniors who are unable to access essential home care service will likely experience increased hospitalizations and could end up in costly nursing homes. EISEP targets seniors who are above Medicaid eligibility levels but unable to afford to payment for private services. Due to funding reductions in New York City for case management, maintenance of EISEP funding is critical. Support Human Services Organizations to Meet Vital Needs Non-profit agencies are already under funded and cannot adequately serve all of the individuals and families currently seeking their assistance. In the last several years, New York State has cut about $800 million in funding for essential human services and about 27,000 human services sector jobs have been lost due to service cuts. To support human services organizations in meeting vital needs, we urge the State to do the following: Do not further defer the Human Services Cost-of-Living-Adjustments (COLAs) FPWA is concerned that the enacted state budget further delayed COLA for another year (4th year of deferral), though we are relieved that the Executive Budget proposal to eliminate the COLA was not enacted. The infrastructure of the non-profit sector needs an injection of funding to meet demands and to survive. We urge the Governor to include a 4% COLA increase of around $400 million in the Executive Budget.