Assemblyman Stirpe: Legislation Helps Ensure Equal Rights for People with Disabilities

Assemblyman Al Stirpe (D-Cicero) announced that he helped pass a series of bills to protect and support New Yorkers with disabilities. The legislative package was passed in conjunction with Legislative Disabilities Awareness Day, May 22.

“My stepdaughter is living with a disability, so this legislation is personal for me. I know firsthand the challenges that she and countless others – as well as their families – face on a daily basis,” said Stirpe. “These measures help ensure people living with disabilities are afforded the same rights as everyone else and provide more support to help them live full, independent lives.”

The package includes a bill that directs state aid to localities for emergency and disaster preparedness, including maintaining a confidential registry of people with disabilities who may require evacuation assistance and shelter during a disaster (A.6865). Names would be registered on a strictly voluntary basis. Onondaga County currently has a local emergency plan, noted Stirpe.1

Two more bills provide people with disabilities access to the use of trusts to help support themselves so they can stay in their communities. The first bill brings New York State law in line with federal law to make special needs trusts available to non-elderly individuals with disabilities without having to file a petition with a court, saving them unnecessary legal fees and court delays (A.6743). The second bill requires the state Department of Health to send information to those who qualify for the excess income trust program (A.5175-A). This requirement makes trust options more available to individuals with disabilities who also receive Medicaid. Trusts are vital and can help pay for everyday living expenses while making sure that the recipient still gets the care they need, noted Stirpe.

Further, to help homeowners make their homes more accessible for people with disabilities, Stirpe passed a measure providing a tax credit for retrofitting a residence with qualified improvements (A.5333). Another tax credit would be available for implementing universal visitability design features (A.5950-A).

Another piece of legislation also ensures that New York State employees are given the same rights under 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.2546). It also reserves their right to sue the state for damages due to violations of these federal laws, waiving the state’s sovereign immunity.

“Individuals and families living with disabilities deserve equal opportunity and care that meets their needs,” said Stirpe. “That’s the bare minimum – and it’s our job to go beyond that and do right by them.”

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1. ongov.net/em/emp.html