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Black, Puerto Rican, Hispanic & AsianLegislative Caucus Members 2013

OfficersAssemblyman Karim Camara, ChairmanAssemblyman William Scarborough, 1st Vice ChairpersonAssemblyman Eric Stevenson, 2nd Vice ChairpersonAssemblywoman Vivian E. Cook, SecretarySenator Ruth Hassell-Thompson, TreasurerSenator Bill Perkins, ParliamentarianAssemblyman Francisco Moya, Chaplain

MembersEric L. Adams Philip RamosCarmen E. Arroyo Gustavo RiveraJeffrion L. Aubry Jos RiveraInez D. Barron Samuel D. RobertsWilliam F. Boyland, Jr. Annette RobinsonNelson L. Castro Robert J. RodrguezBarbara M. Clark John L. SampsonMarcos A. Crespo Jos SerranoMartin M. Dilan Malcolm A. SmithAdriano Espaillat Andrea Stewart-Cousins

Rafael L. Espinal, Jr. Michele R. TitusHerman D. Farrell, Jr. Keith L.T. WrightDavid F. GanttVanessa L. GibsonCarl E. HeastieEarlene HooperGuillermo LinaresVelmanette MontgomeryFlix OrtizKevin S. ParkerCrystal D. Peoples-Stokes

Jos R. PeraltaWilliam PerkinsN. Nick PerryJ. Gary Pretlow


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A MESSAGE FROM THE CHAIRMANAssemblyman Karim Camara

The New York State Black, Puerto Rican, Hispanic and Asian Legislative Caucus iscomprised of 49 Senators and Assembly members from districts across the state.Although the composition is diverse, our goal is wholeheartedly singular: a legislativeagenda that benefits all residents of New York State. From working mothers to immigrantpopulations to small businesses, all groups have representation within the caucus andtheir 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, furtherexacerbated 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 YorkState. It is our duty to convene to discuss and debate those ideas, and it is critical wereach a solution rather than delay critical decisions based on election calendars.

Presented below are the Caucus Legislative and Budget Priorities for 2013 Session, acompilation of topics and issues that the caucus places the utmost importance withinbudget discussions and a base line for the formulation of policies this year. Thisdocument represents a collaborative effort by numerous organizations and offers analternative view on how to remedy the various long-standing issues in communitiesacross the state, through the fair and equitable distribution of resources.


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ACKNOWLEDGEMENTS

We would like to express a special appreciation to all of the Legislators, staffs andcommunity 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 ofthis document:

Chief Content Editor: Jervonne Singletary

Coordinator: Julia Battista

Contributors:Nantasha WilliamsJonathan Holloman


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Housing

Communities of color are adversely affected by the housing crisis, where affordablehousing is becoming scarce in New York State. Low income New Yorkers rankaffordable 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 fromtheir changing neighborhoods. For many communities there is a permanent state ofhousing 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 housinginvestments.

Securing permanent funding for the National Housing Trust Fund (NHTF).NHTF supports efforts to create and preserve the supply of rental housing for lowincome families, including homeless families.

Maximizing the Community Development Financial Intuition (CDFI) program.CDFI is aimed at increasing private investment in distressed communities andbuilding the capacity of the federally designated CDFIs that have demonstrated acommitment to serving economically disadvantaged communities and consumersunder the primary purpose of community development.

Caucus members have proposed legislation to protect against vacancy decontrol in whichrent stabilized units are removed from regulation, therefore diminished the stock ofaffordable housing. We are also in favor of partnering with non-profit organizations thathelp those in jeopardy of losing their home, and foreclosure prevention programs. Thestate must increase the stock of affordable housing in all communities and increasemixed-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 worstwhere clearly New York is not meeting its constitutional obligation to 500,000 childrenor more. Almost all of these 750 schools are located in high poverty communities andmany service communities of color.


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The state should adopt the community schools approach for all 750 Focus and Priorityschools. Community Schools brings in collateral resources to address issues associatedwith poverty that in turn impact education. Students and their families will be able to takeadvantage 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 theyneed. 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 NewYork City are already co-sponsoring community school grants in New York City. Inthose schools a resource coordinator in the school conducts needs assessments, engagesparents and the community, builds relationships and partnerships with organizations andbusinesses, secures resources and programs, and integrates those services and programsinto 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 anddental clinics, counseling program, mental health services, tutoring and more.

Early Childhood Education

Restore the States investment in early childhood education programs in order tostabilize the subsidized child care system in New York State.

Since 2010, spending on childcare in New York has declined by $93 million. Child caresubsidies need to be preserved for childrens educational and social development and to

support parents ability to maintain their jobs. Hundreds of low-income families acrossthe state have lost critically needed subsidies that serve as a linchpin in parents ability tosecure and maintain jobs. To compensate for budget cuts, districts throughout the statehave limited income eligibility and have raised parent fees.

The caucus strongly supports the inclusion of language from A.8101-Titus/S.5586-Savino; S.5335-Savino (from SFY 2012-13) in the 2013 Education, Labor and FamilyAssistance Article VII budget bill. This cost saving option would help stabilize thesubsidized child care system by providing a temporary waiver from welfare workrequirements for single parents of infants and toddlers. This would free up childcare andadministrative 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 parentsto keep their current jobs, and allow parents of young children who are receiving welfarethe option to provide child care for their own infants and children in their homes. Parentsreceiving public assistance who are working outside of the home or participate in aneducation or training program will be also be provided child care.

Secondary Education


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Support Students

According to the Department's recent ESEA Waiver request, only 53% of students meetor 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 highlightthe disparate performance rates for African-American and English Language Learners(ELLs) throughout the state. Thirty-five percent of African-American students meet orexceed the ELA proficiency standard. In math, 44% met or exceed the proficiencystandard. 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 Lawto require schools deemed failing set aside a portion of their Title I funds and offersupplemental education services to low-income students free of charge. Parents whosechildren have benefited from tutoring praise its results, as tutoring and mentorship haveproven to improve grades and enthusiasm for learning. Unfortunately, tutoring is out ofreach for many low-income families. We believe that all children deserve to achieveacademic success, regardless of family income. This legislation will bring us closer tothat end.

Ensure continuity of and support for High School Equivalency (HSE)

More than two million working-age New Yorkers lack a high school or equivalentdiploma, making them extremely vulnerable to joblessness and low wages when they areable to find work. In 2011, unemployment for individuals without a high school diplomain New York State was 12.2%, compared to 8.7% for those with no more than HighSchool 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 thepathway for those without a high school diploma to earn the equivalency. However, theproducers of the GED have announced major changes to the exam for 2014, and we arenow in a period of great uncertainty about the future of high school equivalency in NewYork as the state considers its options for HSE. The caucus strongly believes that thestate should:

Ensure no disruption of HSE service continuity between December 2013 andJanuary 2014 and beyond. Even if New York State offers a new exam insteadof the GED as its recognized pathway to equivalency, it should work to ensurethat programs that prepare and test individuals for equivalency receive ampletime 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 Yorkerscannot be charged a fee for exams to determine high school equivalency, isnot overturned. Private lobbyists and officials within the New York StateEducation Department have begun to explore measures to raise funds forsupporting high school equivalency by overturning 317, and making individualspay to take the exam. Given that HSE test-takers are overwhelmingly low-


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income, and that the state benefits from much higher tax revenues fromindividuals who pass the exam and improve their employment, we believe that317 must stay intact. We are strongly against balancing the budget on the backsof poor individuals, especially those working hard to better themselves througheducation, regardless of their age.

City University of New York (CUNY)

The caucus is concerned about the recent large drops in black and Latino enrollment atthe City University of New York (CUNY). Black and Latino freshman have dropped outconsiderably since the onset of the recession, as white and Asian applications haveincreased, in part due to financial considerations. CUNY has increased its admissionsrequirements which are primarily based on the SAT exam during this period,resulting in the steepest decreased of black and Latino at the most selective CUNYcampuses. The 2011 freshman class at Baruch College, for example, had a lowerpercentage of black students than Harvard Universitys.

CUNY currently gives no consideration to race, household income, neighborhood, orother socioeconomic factors in its admission decisions. We believe that CUNY shouldadopt 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 collegesuccess for prospective students, and offer support to students of color who fall just shortof SAT benchmarks. This should include:

Consideration of race, household income, neighborhood, and school factorsin admissions decisions. CUNY admissions should consider a range of factors ineach applicants application, and students with SAT scores that fall within 100points of requirements should receive consideration for their race, householdincome, and the quality of the high school, with weight given to students who areunderrepresented in these areas.

Guarantee admission to a senior college to students who finish in the topthird of their high school class. High school grades are a consistently betterindicator of college success than SAT scores. If these students have SAT scoresthat do not meet requirements of the least selective senior colleges, CUNY shouldoffer students a summer intensive program to help them prepare for falladmission, 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 schoolstudents in New York City sued New York State in the Campaign for Fiscal Equity forfailing to provide students with the quality education guaranteed in the New York StateConstitution. It took thirteen years from the time the CFE suit was filed in 1993; a longjourney that led to the States highest court to rule that the state was failing to providestudents with the classroom resources necessary to receive the sound basic education or


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meaningful high school education that is their constitutional right. For two yearsstudents across the state benefited from funding increases in their schools. Thistranslated to smaller classrooms, middle and high school reform, ESL programs, a widevariety of electives, more Advanced Placement courses, music, art and physicaleducation, more pre-kindergarten and kindergarten. It also provided for extended day and

year programs that not only provided remediation, but in many cases providedenrichment.

New York State has failed to deliver on the court ordered promise of CFE. Although thestate honored its CFE commitment for two years in 2007 and 2008, the state has largelyabandoned its CFE commitment and another generation of students are in schools withoutadequate educational resources.

2007 and 2008: Two Years of ProgressIn 2007, the Governor and the Legislature reformed the state school finance system inorder 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 providedsignificantly more school aid for students living in poverty, students withdisabilities and English language learners.

School aid increases were tied to successful educational strategies, includingextended classroom time, programs for English language learners, middle schooland high school reform, expansion of pre-kindergarten, small class sizes andprograms to improve the quality of teaching.

Committed to a $5.5 billion increase in foundation aid to be phased in over fouryears in order to improve educational opportunities and increase equity.

In the first two years the CFE funding made possible significant improvementsthrough after school and augmented day programs, tutoring, early collegeprograms, programs for English language learners, expanded pre-kindergarten andmore.

In 2007 and 2008, the state honored is CFE commitments, but in 2009 all of thatchanged. First the state froze funding, then the state enacted record cuts in 2010 and 2011totaling $2.7 billion. Students in high need districts suffered the largest cuts, despitebeing behind from the start.


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Over 30,000 teachers and other educators have lost their jobs1 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 development9

CFE: Where We Stand in 2013

1 NYSUT September 2011 Legislative Fact sheet: Consequences of New York State Education Cuts.2 At the Edge, NYSCOSS, page 123 At the Edge, NYSCOSS, page 124 At the Edge, NYSCOSS, page 125 NY State School Boards Association and NYS Association of School Business Officials survey May 7, 20126 NY State School Boards Association and NYS Association of School Business Officials survey May 7, 2012 7NY State School Boards Association and NYS Association of School Business Officials survey May 7,2012

8At the Edge, NYSCOSS9At the Edge, NYSCOSS, page 11


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New York States Commissioner of Education Dr. John King has repeatedly warned thatour schools face the prospect of educational insolvency whereby they will not be ableto provide the quality of education students need to be prepared for college. In somecases, students will be unable to fulfill the requirements for high school graduation.

According to the New York State Board of Regents

10

, these actions by the state have hurtour 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 toschools; and

Foundation aid that is $5.5 billion behind what was committed in the CFEsettlement.

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.

--NYSBoard of Regents Policy Memo, April 20, 2012

At the current rate and with present state law the CFE commitment will not be fulfilleduntil at least the 2027-28 school year without even accounting for inflation that will occurbetween now and then.11 Though ordered to comply with the ruling in favor of CFE in2004, it will be 23 years before the State of New York abides. First filed in 1993, studentwho was entering ninth grade at the founding ofCFE could easily be the parent of a ninthgrader by the time New York State gets around to fulfilling CFE. For generations ofstudents, a dream deferred continues to be a dream denied.

The growth ceiling for state school aid based on personal income is partially to blame, asit stunts funding for school improvement. Under the current school finance systemschools began receiving small annual increases in 2012, but not enough to prevent moreand more classroom cuts.

10New York State Board of Regents, 2013-14 Regents State Aid Conceptual Proposal, November 8, 2012

11Alliance for Quality Education.


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Calculations for the chart above were based on the amounts of Foundation Aid asreflected in the School Aid Runs published by the NYS Education Department. SinceFoundation 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 thensubtracted that cut from the Foundation Aid amount that was reflected in the enactedSchool Aid Runs. To calculate the amount that should have been in Foundation Aid, weadded 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. Theimmigrant population contributes to the states economy as workers, consumers, businessowners and tax payers. However, they are often left out and unaccounted for in stateprogramming. 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 thingthey can do to succeed, economically, in New York.


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

3. Establishing a Welcome to New York initiative for new immigrants, providingfunding to community-based organizations to provide beginner English/civic classes,assistance with immigration requirements, job referrals and other services needed toassist newcomers to integrate successfully.

Although immigrants account for over $200 billion in annual economic output in NewYork, they are often wary of government, which keeps them from accessing keyprotections and services. We aim to connect these populations with providers of essentialservices, and empower individuals to work with the system to access support that isrightfully theirs.

Dream Act

One of the caucus top priorities this year is ensuring the passage of the Dream Act andDream Fund legislation. These pieces of legislation provide access for undocumentedstudents of immigrant families to scholarship funds and the Tuition Assistance Programto help offset the rising cost of college tuition.

The Dream Act will allow undocumented young adults who entered the county beforeage 18 and have lived in New York State for a minimum of two years to have access tofinancial aid opportunities while attending college within the state. As we contemplatethe 2013 State Budget, we must place the high priority on investments in education,allowing increased economic agency for populations that have contributed significantlyto our growth, but have been marginalized. Passage of the NY State Dream Act, whichextends the Tuition Assistance Program (TAP) to include eligibility for certainundocumented students, is the most effective method.

It is well known that in todays society an affordable higher education provides a strongerreturn on investment than a secondary education in any economy. Calculating the precisecost of expanding state aid is challenging; however, the Fiscal Policy Institute12 estimatesthat the passage of the NY State Dream Act amounts to an additional 2% ($17 million) ofthe total State Aid to undocumented students. Moreover, it is estimated that while thestate would be investing a maximum TAP aid of $5,000 per year for 4 year colleges, it isexpected to increase the median earned income of bachelors degree holders in New Yorkby $25,000 per year. This amounts to additional taxes of $3,900 per year played to stateand local governments. For students pursuing 2-year degrees, it is estimated that the statewould be investing a maximum of $4,000. Earning an associates degree increases themedian earned income of individuals by $10,000, with $1,000 in higher state and localtaxes paid per year.

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


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Passage of the New York State Dream Act, however, is more important than monetarygains alone for New York. It will support the pillars of equality and educational accessthat have made New York a symbol of opportunity. Denying some high school graduatesthe 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 amulticultural educated workforce, which is compromised without equal access tofinancial support for higher education. Now is the time for our peoples budget toaccurately reflect the values and principles we purport to uphold. We must allocatefinancial aid funding to all qualified students, and ensure the passage of the NY StateDream Act.

Dream Fund/DACA

Helping young adults afford college not only allows them to realize their dreams, itenriches society as a whole. Assemblyman Moya introduced A.8689B, a bill thatestablishes a private commission to raise scholarship funds for children of immigrations,both undocumented and with status. This bill requires no public monies, and studentswould have to apply for the fund. California and Illinois have passed legislation to createsuch commissions.

Assemblyman Moya, in partnership with speaker Silver, also introducedA.10807, theNew York Deferred Action for Childhood Arrivals (DACA) Act. If passed, this willallow 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 toother students, such as the Tuition Assistance Program (TAP). Such financial aid is oftenthe determining factor of whether or not a student can afford tuition. This legislationgives students, who have been educated in our school systems for most of their lives, tojoin their peers in attaining higher education.

Bolster Working Families

Increase the Minimum Wage

Assembly Bill 9148, introduced by Assemblyman Keith Wright and championed bySpeaker Sheldon Silver, passed unanimously in the State Assembly, though the StateSenate 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 inflationso to keep pace with the rising cost of living. The caucus strongly supports this bill; NewYork State has the greatest gap between rich and poor in the United States, and webelieve that this bill moves New Yorkers a step closer to closing this gap and minimizingincome and economic inequality.

In New York State, many individuals work full time but must still rely on publicassistance of some form to provide themselves and their families a dignified standard of


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living. Such programs include Temporary Assistance to Needy Families (TANF), theFood Stamp Program, Women Infants and Children(WIC), and Medicaid/Medicare.Working families and low wage earners struggle to survive and are often left with nodiscretionary income. We must enact progressive legislation that rewards thesehardworking 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 opponentsclaim: eighteen other states and the District of Columbia have higher minimum wagesthan New York and have indexed their wages to reflect inflation. Ironically, New YorkState has one of the highest costs of living, consistently making the list of top 10 mostexpensive places to live in various polls, and reports.

According to the Economic Policy Institute (EPI), increasing the standard of livingfor the poorest and most vulnerable class in society, also decreases the cost ofgovernmental social welfare programs by increasing incomes for the lowest paid, higher

minimum wages also encourage people to join the workforce rather than pursuing moneythrough illegal means. Not only does a raised minimum wage affect individualsdirectly, it strengthens society as a whole by lowering governmental spending, reducingcrime, and boosting the economy.

Those opposed to this bill contend that it may potentially hurt small businesses and deterthe employment of youth-particularly minority youth-and young adults ages (20-24). Todate, there has been no significant evidence proving any overwhelmingly negative effectof increased wages. David Card and Alan Kreuger, preeminent labor and economicscholars and, authors ofMyth and Measurement: The New Economics of the MinimumWage, conducted strong research on minimum wages that has stood the test of time. Cardand Kreuger argued that the negative employment effects of minimum wage laws areminimal if not non-existent.

Many opponents have also argued that raising minimum wages is less effective than otheralternative methods such as the earned income tax credit. However, the earned incometax credit is not enough to provide relief these individuals who are living on or below thepoverty line. A comprehensive plan to bridge income gaps must include increasingminimum wage to reflect inflation and cost of living increases.

EPI characterized the last decade a lost decade for wage growth. Throughout this pastdecade there has been an increased wage inequality between workers at the top and thoseat the middle, and by the continued divergence between overall productivity and thewages or compensation of the typical worker. If we want the fruits of economic growthto benefit the vast majority, we will have to adopt a different set of guideposts for settingeconomic policy, as the ones in place over the last several decades have served those withthe 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


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legislation. They too believe that it will help combat poverty and grant workers morebargaining power. Raising the minimum wage is a matter of economic fairness, and wemust 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 legitimatelyaddress concerns placed on poverty. Assembly Bill 9148 would directly improve the livesof working class families by roughly adding an additional $200 to their monthly income.

Employment

The recent economic downturn only exacerbated the disproportionate job loss andunemployment rates experienced by people of color. The unemployment rate for AfricanAmericans has been roughly double that of whites for the past 40 years. In 2012, whilethe overall U.S. unemployment rate was 8.2%, the rate among African Americans was14.4%, while the Hispanic rate was 11%.

New York State must commit to addressing the structural problems that result in highunemployment for communities of color. The caucus supports initiatives to get theunemployed back in the work force, including on the job training partnerships that offerjob training for those who are unemployed or underemployed, the expansion of statefunding for youth jobs program, and the creation of the Rebuild NY State InfrastructureBank. This entity will use money received from the State or the proposed FederalInfrastructure as equity, and lever that equity to create a pool of funds for investment intoeconomic development or transportation infrastructure projects.

Further, we support increasing MWBE participation in the procurement of state financedand state economic development projects. We propose such initiatives as the creation ofa Mentor Protg Program, easing bonding restrictions on MWBEs, and helpingMWBE contractors identify government contracting opportunities. Governor Cuomoannounced a goal of 20% MWBE participation by 2012, but we are still far from thatnumber. The caucus is committed to using every resource available to make contractdistribution 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 casesanctioning practice keeps eligible very low-income households from receiving criticalcash assistance. The bill would remedy this pervasive problem.

Full family sanctions are misguided, punitive, and harmful and will not lead to thedesired goal of increased compliance. Full family sanctions create an immediate familycrisis and put the welfare and safety of the children and the basic stability of families atrisk. Sanctioning children in poor families makes them two to five times more likely tosuffer: stunted growth, exposure to lead poisoning, low birth weight, repeat of a grade,


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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 tofamilies who are, in fact, in compliance with program requirements. Proponents of fullfamily sanctions argue that they are intended to encourage compliance with program

requirements and eventually transition recipients off welfare. However, studies haveshown that sanctioned families are less likely to be employed than non-sanctionedfamilies, and are more likely to return to the welfare system.

Public Safety

Gun Violence

In June of 2012, the Assembly passed A.1157-b, abill requiring semiautomatic pistolsmanufactured or delivered to any licensed dealer in New York State be equipped tomicrostamp ammunition. This would aid law enforcement in ballistic investigations, andkeep 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 timesmore 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 timeby 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.


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Standardization for Marijuana Offences

Standardization of marijuana penalties ranks very high on the Caucus priorities list, asthis is an inherent issue of fairness. In 1977, at the behest of many affluent individualswhose children were facing insurmountable consequences for small amounts of

marijuana, the state reduced possession of less than 25 grams of marijuana from amisdemeanor to a violation.

Currently the law allows individuals to have up to 7/8ths of an ounce of marijuana ontheir personal possession before it is considered a misdemeanor. However, once anyamount of marijuana is in public sight, it becomes a misdemeanor. The applicationbecomes dubious when law enforcement officials coerce individuals to empty theirpockets, in which all contents become visible. Last year alone there were over 50,000arrests 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 themajority of the arrests are made under Stop and Frisk, not during the commencement of acrime. The ramifications of a marijuana arrest and subsequent misdemeanor convictionare numerous it will bar individuals for receiving federal financial aid, enlisting in theArmed Services and many employment opportunities because a criminal backgroundcheck is now standard operating procedure. Most individuals impacted by the currentpractice are minority youth-a group that simply cannot afford to lose the aforementionedopportunities.

Criminal Justice

One in three New Yorkers has a criminal conviction-70% for low-level misdemeanorsand violations- preventing thousands from employment, housing, and educationalopportunities, even after making significant changes in their lives. Blocked fromworking in the legitimate economy, they become discouraged and drain the resources oftheir communities. It is time that the caucus pushes for services that seek to help NewYorkers move past these barriers and become active participants in the States economyand 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 ofminorities As whole, rates of arrest, conviction, and incarceration of people of colorremain grossly disproportionate. One of the most pernicious collateral consequences ofcriminal justice involvement is the employment barrier it creates. This problem isintensified in the current economic downturn which also disparately impacts theemployment of people of color. In this environment, the elimination of unfair barriers toemployment for criminal-justice involved New Yorkers is vital.


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In order to fully address the needs of this population the caucus supports severalinitiatives:

Consumer Reporting of Criminal History- Potential employers may purchase acommercially produced background checks containing a prospective employees

criminal history. While there are rules forbidding the report of arrest that do notlead to a conviction and of sealed delinquency and youthful offender records,there is little monitoring to ensure that reporting agencies follow the rules. Atleast one of the major legal research sites provides arrest information (regardlessof outcome) to all subscribers.

RAP Sheet Inaccuracies- Government employers, child care and home health careagencies, schools, museums, and financial agencies all have access to a potentialemployees record of arrest and prosecution (RAP) sheet. Pursuant to statutorymandate, a wide range of arrests that do not result in a criminal conviction, certainconvictions for possession of marijuana and certain convictions for offensescreated by the now reformed Rockefeller Drug Laws must be removed from a

RAP sheet. Like any other record keeping system, RAP sheets often containinaccuracies, both due to failure to seal arrest and errors in the level or nature ofan offense charged. When such errors remain in resources that are relied upon,employers unfairly consider untested charges and convictions against publicpolicy.

Records of the Office of Court Administration- Records of unsealed misdemeanorand felony convictions are publicly available without authorization. These toooften contain inaccuracies which lead to unfair decisions by employers

In concert, these issues produce unnecessary barriers to those involved in the criminaljustice 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 stillprovide for their families. If we are truly committed to the rehabilitation of recentlyreleased individuals, then we must address these impediments.

Legislative Member Items

Lastly, the caucus feels that legislative member items to not-for-profit organizations arelow-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. Thesefunds are critical to many important non-profits that do the work of government agencies,from foreclosure prevention to human services recertification to juvenile justice serviceprovision. Discretionary funds also provide critical economic development support; forexample, non-profits have invested in capital projects and workforce developmentprograms, which bring economic activity to the community. These non-profits are fillingcritical gaps and serving vulnerable populations; for the last two years, they havestruggled to stay afloat without government support.


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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 additionalfunding to HIV/AIDS core infrastructure programs. This included an increase of fundingin the amount of $525,000 for Community Services Providers and $525,000 for Multi-Service Agencies/Community Development Initiatives. We hope the Governor andlegislature will continue to support this funding enhancement in the budget for FY 2013-2014. FPWA is also pleased that the statutory protection language for core, safety netprograms 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 AssistanceArticle VII budget bill to prevent homelessness for New Yorkers permanently disabledby HIV/AIDS and their families. This legislation proposes to enact an affordable 30%rent cap affordable housing protection for clients of the HIV/AIDS ServicesAdministration (HASA) who receive a rental subsidy. This legislation would correctdiscrepancies and discrimination within NYC HIV/AIDS Service Administrations rentalassistance program by aligning it with the long-term standard for affordable housing usedby 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 $39million in funds for employment and training programs in SFY 2009-2010. This fundingwas reduced to $14 million in the 2010-2011 year, and was totally eliminated in the2011-2012 Executive Budget. However, last year the State Legislature fortunatelyrestored funding for some of these programs in the final adopted budget.

We urge the Governor to provide appropriations in the Executive budget, and theLegislature to continue to prioritize, the following programs:

BRIDGE - $800,000 Career Pathways - $4.25 million Transitional jobs - $5 million Wage Subsidy - $13.05 million


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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 toprograms 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 andyouth for three hours directly after school. Funding levels to program providers arecurrently insufficient and need to be restored to at least the 2009-2010 levels of $28million. These programs offer a broad range of educational, recreational and culturallyage-appropriate activities that integrate school day experiences. Investing in after-schoolprograms can help school districts improve student retention and increase studentachievement 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 fromlifelong 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 $215,000increase 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-incenters, crisis shelters, and transitional independent living programs. The reduction offunding for these programs has resulted in the elimination of transitional/independentliving shelter beds for runaway/homeless youth.

Child Welfare

Invest in Subsidized Kinship Guardianship Program (KinGap) as an alternatepermanency 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 2012-2013adopted budget provides funding for the KinGap program out of the Foster Care BlockGrant on a one-year pilot basis. FPWA is a strong supporter of subsidized kinshipguardianship as a permanency option for children in foster care. Adoption does not workfor every family, and subsidized guardianship would allow children in long-term carewho are unable to return to their parents to exit the system into secure living situationswith kinship caregivers. Research shows that kinship care is associated with improved

stability and social outcomes for foster children and that kinship guardianship is animportant option for both older youth, who are at risk of aging out of the system, andcommunities of color, whose cultural norms already support care giving for children byextended family members. We encourage the Governor and legislature to expand thepilot program and fund the Subsidized Kinship Guardianship Program (KinGap) outsideof the foster care block grant.


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Office of New York State Child Advocate Bill Passes Legislature.Advocates in New York State will examine, evaluate, and report to the chief executiveand the legislature on issues within publicly funded programs and multi-systemic issuesthat children in the State's care and their families experience. The Child Advocates

office will promote statutory, regulatory or policy changes aimed at improving outcomesand services for children and families in New York, and monitor the implementation ofpolicies and regulations applicable to the legal rights of children in the States care. Heor she would recommend changes in State policies that may have an impact on certainpublicly funded programs, or those that service children and families, and takeappropriate actions aimed at promoting the rights, safety, and well-being of children inNew York State.

We spend a great deal of money on children in New York State, and it seems as thoughthere is no one person responsible to ensure that these children have the best possibleoutcomes, said the bills champion, Assemblywoman Barbara Clark. An independent

Child Advocates Office, answerable only to the Governor, would be able to ensure thatthe services we provide for children in New York State are properly implemented andgenerating positive results.


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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 olderNew Yorkers with functional impairments in a congregational setting and in accordanceto an individualized service plan. Additional support for these programs is needed due tothe growth of the senior population; fortunately, SADs programs are cost-effective.SADs programs keep seniors at home and in their communities, averting prematureplacement 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, andancillary services to seniors. EISEP assists seniors with Activities of Daily Living(ADLs), such as dressing, bathing, and personal care. It also helps the elderly withInstrumental Activities of Daily Living (IADLs), including shopping and cooking so thatseniors 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 inlong waiting lists for service. Seniors who are unable to access essential home careservice will likely experience increased hospitalizations and could end up in costlynursing homes. EISEP targets seniors who are above Medicaid eligibility levels butunable to afford to payment for private services. Due to funding reductions in New YorkCity 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 theindividuals and families currently seeking their assistance. In the last several years, NewYork State has cut about $800 million in funding for essential human services and about27,000 human services sector jobs have been lost due to service cuts. To support humanservices 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 toeliminate the COLA was not enacted. The infrastructure of the non-profit sector needs aninjection of funding to meet demands and to survive. We urge the Governor to include a4% COLA increase of around $400 million in the Executive Budget.


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Documents

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