Assemblywoman Buttenschon Passed Legislation to Fight for Those with Disabilities

Assemblywoman Marianne Buttenschon (D-Utica/Rome) announced that a bill she sponsored to ensure access for services will not diminish for those with an intellectual or developmental disability has passed the Assembly, as part of the chamber’s Legislative Disabilities Awareness Day legislation (A.1153-A).

“Every New Yorker deserves to be treated with equality and respect and, after an incredibly difficult year, it’s more important than ever that we look out for our most vulnerable residents,” said Buttenschon. “I’m committed to fulfilling this promise and ensuring New York is a place where all individuals have the opportunities to succeed. That’s why, in honor of Legislative Disabilities Awareness Day, we have come together to pass a legislative package that helps more individuals with disabilities access vital resources and live as independently as possible.”

The bill, first introduced in 2019, would establish the Office of the Independent Intellectual and Developmental Disability Ombudsman Program to ensure individuals with intellectual or developmental disabilities receive adequate coverage from managed care organizations that meet their specific needs (A.1153-A). Families rely on these types of programs, and this bill would help address the complex and diverse needs of individuals with disabilities and ensure those that are in need of resources are able to access them, noted Buttenschon.

Buttenschon also helped pass legislation to:

  • Restore the rights of state employees to sue New York State for damages due to violations of the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938 and the Family and Medical Leave Act of 1993 (A.7121);
  • Re-establish the Office of the Advocate for People with Disabilities (A.3130);
  • Extend statutory authority for Office for People With Developmental Disabilities (OPWDD) care demonstration programs to ensure community-based services continue to be offered to those with a developmental disability (A.5364); and
  • Establish a small-business tax credit for businesses with less than 100 employees that employ a person with disabilities for at least six months and who works a minimum of 35 hours per week (A.3960).
    • The credit amount ranges from $5,000 and $25,000 and the maximum benefit for a business is capped at $5 million
  • Require local social services districts, after considering certain factors, to give controlling weight to a recipient/applicant’s regular physician’s opinion when determining potential work limitations or exemptions due to a disability (A.3149)
  • Create a tax credit for new or retrofitted principal residences that are universally designed to be accessible and adaptable housing (A.3409)
  • Ensure the Legislature has the ability to appoint members to the developmental disabilities advisory council (A.7358-A)