Assembly Bill A6564A

Signed By Governor
2021-2022 Legislative Session

Replaces certain instances of the word mentally ill person with person with a mental illness or mental disability; repealer

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Archive: Last Bill Status Via S4777 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2021-A6564 - Details

See Senate Version of this Bill:
S4777
Law Section:
General Construction Law
Laws Affected:
Rpld & add §28, Gen Con L; amd §§100 & 100-a, Bank L; amd §§402 & 508, Cor L; amd §4519, CPLR; amd §251, D & C L; amd §§140, 141 & 142, Dom Rel L; amd Art 9 Art Head, §§9.03, 9.35, 9.47 & 31.16, Ment Hyg L; amd §§1531 & 1651, RPAP L; amd §§1804 & 1804-A, NYC Civ Ct Act; amd §§1804 & 1804-A, UCCA; amd §§1804 & 1804-A, UDCA; amd §1804, UJCA

2021-A6564 - Summary

Replaces certain instances of the word "mentally ill person" with "person with a mental illness" or "person with a mental disability".

2021-A6564 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6564
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the general  construction  law,  the  banking  law,  the
   correction law, the civil practice law and rules, the debtor and cred-
   itor law, the domestic relations law, the mental hygiene law, the real
   property  actions  and  proceedings law, the New York City civil court
   act, the uniform city court act, the uniform district court  act,  and
   the  uniform  justice  court  act,  in  relation  to replacing certain
   instances of the word "mentally ill person" with "person with a mental
   disability";  and  to  repeal  certain  provisions  of   the   general
   construction law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 28 of the general construction law is REPEALED  and
 a new section 28 is added to read as follows:
   §  28.  MENTAL  DISABILITY.  THE TERM MENTAL DISABILITY SHALL HAVE THE
 SAME MEANING AS IT IS DEFINED PURSUANT TO SECTION  1.03  OF  THE  MENTAL
 HYGIENE LAW.
   § 2. Paragraph (a) of subdivision 3 of section 100 of the banking law,
 as  amended  by  chapter  115 of the laws of 1981, is amended to read as
 follows:
   (a) As guardian, receiver, trustee, committee or  conservator  of  the
 estate  of  any  minor,  [mentally ill] person WITH A MENTAL DISABILITY,
 mentally retarded person, person of  unsound  mind,  alcohol  abuser  or
 conservatee or in any other fiduciary capacity;
   §  3. Subdivision 3 of section 100-a of the banking law, as amended by
 chapter 115 of the laws of 1981, is amended to read as follows:
   3. Committee of incompetent or conservator of a conservatee. Any court
 having jurisdiction to appoint a trustee, guardian, receiver,  committee
 of  the  estate  of  a  [mentally  ill] person WITH A MENTAL DISABILITY,
 mentally retarded person or alcohol abuser or conservator of the  estate
 of  a conservatee, or to make any fiduciary appointment, may appoint any
 trust company to be  such  trustee,  guardian,  receiver,  committee  or
 conservator, or to act in any other fiduciary capacity.
              

2021-A6564A (ACTIVE) - Details

See Senate Version of this Bill:
S4777
Law Section:
General Construction Law
Laws Affected:
Rpld & add §28, Gen Con L; amd §§100 & 100-a, Bank L; amd §§402 & 508, Cor L; amd §4519, CPLR; amd §251, D & C L; amd §§140, 141 & 142, Dom Rel L; amd Art 9 Art Head, §§9.03, 9.35, 9.47 & 31.16, Ment Hyg L; amd §§1531 & 1651, RPAP L; amd §§1804 & 1804-A, NYC Civ Ct Act; amd §§1804 & 1804-A, UCCA; amd §§1804 & 1804-A, UDCA; amd §1804, UJCA

2021-A6564A (ACTIVE) - Summary

Replaces certain instances of the word "mentally ill person" with "person with a mental illness" or "person with a mental disability".

2021-A6564A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6564--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  general  construction law, the banking law, the
   correction law, the civil practice law and rules, the debtor and cred-
   itor law, the domestic relations law, the mental hygiene law, the real
   property actions and proceedings law, the New York  City  civil  court
   act,  the  uniform city court act, the uniform district court act, and
   the uniform justice  court  act,  in  relation  to  replacing  certain
   instances of the word "mentally ill person" with "person with a mental
   illness"  or "person with a mental disability" or a variation thereof;
   and to repeal certain  provisions  of  the  general  construction  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 28 of the general construction law is REPEALED  and
 a new section 28 is added to read as follows:
   §  28.  MENTAL  DISABILITY,  MENTAL ILLNESS, DEVELOPMENTAL DISABILITY,
 ADDICTIVE DISORDER AND ADDICTION DISORDER. THE TERMS MENTAL  DISABILITY,
 MENTAL   ILLNESS,   DEVELOPMENTAL  DISABILITY,  ADDICTIVE  DISORDER  AND
 ADDICTION DISORDER SHALL HAVE THE  SAME  MEANING  AS  THEY  ARE  DEFINED
 PURSUANT TO SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 2. Paragraph (a) of subdivision 3 of section 100 of the banking law,
 as  amended  by  chapter  115 of the laws of 1981, is amended to read as
 follows:
   (a) As guardian, receiver, trustee, committee or  conservator  of  the
 estate  of  any  minor,  [mentally ill] person WITH A MENTAL DISABILITY,
 [mentally retarded person, person of unsound mind,  alcohol  abuser]  or
 conservatee or in any other fiduciary capacity;
   §  3. Subdivision 3 of section 100-a of the banking law, as amended by
 chapter 115 of the laws of 1981, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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