Bill Text: NY S07794 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to a living allowance for adults with developmental disabilities; provides that a determination made pursuant to this section that the person is or is not developmentally disabled, as defined in subdivision twenty-two of section 1.03 of the mental hygiene law, shall not be binding on the state, a local government or the person for any other purpose, including determinations of eligibility for services authorized by the office for people with developmental disabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-02-24 - SIGNED CHAP.110 [S07794 Detail]

Download: New_York-2021-S07794-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7794

                    IN SENATE

                                    January 11, 2022
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the domestic relations law and the family court act,  in
          relation  to  establishing a living allowance for adults with develop-
          mental disabilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  5 of section 240-d of the domestic relations
     2  law, as added by a chapter of the laws of  2021  amending  the  domestic
     3  relations law and the family court act relating to establishing a living
     4  allowance  for  adults  with  developmental disabilities, as proposed in
     5  legislative bills numbers S. 4467-B and A. 898-B, is amended and  a  new
     6  subdivision 6 is added to read as follows:
     7    5. Except where inconsistent with this section, all provisions of this
     8  article relating to orders of child support shall apply to all orders of
     9  support  for  adults with developmental disabilities; provided, however,
    10  that such orders shall not be eligible for services pursuant to  section
    11  one hundred eleven-g of the social services law.
    12    6. A determination made pursuant to this section that the person is or
    13  is not developmentally disabled, as defined in subdivision twenty-two of
    14  section  1.03  of  the  mental  hygiene law, shall not be binding on the
    15  state, a local government or the person for any other purpose, including
    16  determinations of eligibility for services authorized by the office  for
    17  people with developmental disabilities.
    18    §  2. Subdivision 5 of section 413-b of the family court act, as added
    19  by a chapter of the laws of 2021 amending the domestic relations law and
    20  the family court act relating to establishing  a  living  allowance  for
    21  adults with developmental disabilities, as proposed in legislative bills
    22  numbers  S.  4467-B  and A. 898-B, is amended and a new subdivision 6 is
    23  added to read as follows:
    24    5. Except where inconsistent with this section, all provisions of this
    25  article relating to orders of child support shall apply to all orders of
    26  support for adults with developmental disabilities;  provided,  however,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08323-05-2
        S. 7794                             2

     1  that  such orders shall not be eligible for services pursuant to section
     2  one hundred eleven-g of the social services law.
     3    6. A determination made pursuant to this section that the person is or
     4  is not developmentally disabled, as defined in subdivision twenty-two of
     5  section  1.03  of  the  mental  hygiene law, shall not be binding on the
     6  state, a local government or the person for any other purpose, including
     7  determinations of eligibility for services authorized by the office  for
     8  people with developmental disabilities.
     9    §  3.  This  act  shall  take  effect on the same date and in the same
    10  manner as a chapter of the laws of 2021 amending the domestic  relations
    11  law and the family court act relating to establishing a living allowance
    12  for  adults  with developmental disabilities, as proposed in legislative
    13  bills numbers S. 4467-B and A. 898-B, takes effect.