ASSEMBLY, No. 3834

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 14, 2013

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  JAY WEBBER

District 26 (Essex, Morris and Passaic)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Concerns special needs trusts for persons with developmental disabilities.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain trusts for persons with developmental disabilities.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The Division of Developmental Disabilities in the Department of Human Services shall study whether it is feasible to establish a State program to enable pre-tax dollars to be used for  funding special needs trusts for individuals with developmental disabilities.

     b.    The division shall consult with representatives of at least five advocacy groups representing the interests of persons with developmental disabilities or family members of persons with developmental disabilities, and review their recommendations about the need for  special needs trusts and the information that would be useful to provide as a resource for persons with developmental disabilities and their families, including information regarding how special needs trusts may be used to address the placement needs of persons with developmental disabilities.  After such consultation, the division shall electronically post informational resources regarding the potential benefits of establishing special needs trusts to provide for long-term care needs of individuals with developmental disabilities.

     c.    Within nine months after the effective date of this act, the division shall report its findings and recommendations to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

 

     2.    This act shall take effect immediately, and shall expire  upon the issuance of the report required pursuant to subsection c. of section 1 of P.L.    , c.   (pending before the Legislature as this bill).

 

 

STATEMENT

 

     This bill would require that the Division of Developmental Disabilities in the Department of Human Services study the feasibility of establishing a State program to enable pre-tax dollars to be used for funding special needs trusts for individuals with developmental disabilities.

     The bill would also require that the division consult with representatives of at least five advocacy groups representing the interests of persons with developmental disabilities or family members of persons with developmental disabilities, and review their recommendations about the need for special needs trusts and the information that would be useful to persons with developmental disabilities and their families, including information regarding how special needs trusts may be used to address the placement needs of persons with developmental disabilities.  The division would be required to electronically post informational resources regarding the potential benefits of establishing special needs trusts to provide for long-term care needs of individuals with developmental disabilities.

     The division would also be required to report its findings and recommendations to the Governor and to the Legislature within nine months after the effective date of the bill, at which point the bill would expire.