senate Bill S4777B

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

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 02, 2021 signed chap.351
Jul 21, 2021 delivered to governor
Jun 01, 2021 returned to senate
passed assembly
ordered to third reading rules cal.216
substituted for a6564a
referred to mental health
returned to assembly
repassed senate
May 25, 2021 amended on third reading 4777b
May 25, 2021 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
May 24, 2021 referred to mental health
delivered to assembly
passed senate
Apr 26, 2021 amended on third reading (t) 4777a
Mar 11, 2021 advanced to third reading
Mar 10, 2021 2nd report cal.
Mar 09, 2021 1st report cal.528
Feb 11, 2021 referred to judiciary

Votes

view votes

Mar 9, 2021 - Judiciary committee Vote

S4777
10
0
committee
10
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

S4777 - Details

See Assembly Version of this Bill:
A6564
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

S4777 - Summary

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

S4777 - Sponsor Memo

S4777 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4777
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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.

Co-Sponsors

S4777A - Details

See Assembly Version of this Bill:
A6564
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

S4777A - Summary

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

S4777A - Sponsor Memo

S4777A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4777--A
     Cal. No. 528
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Judiciary  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 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:

Co-Sponsors

S4777B (ACTIVE) - Details

See Assembly Version of this Bill:
A6564
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

S4777B (ACTIVE) - Summary

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

S4777B (ACTIVE) - Sponsor Memo

S4777B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4777--B
     Cal. No. 528
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2021
                                ___________
 
 Introduced  by  Sens. MANNION, BROUK, GAUGHRAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  reported  favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading -- passed
   by  Senate and delivered to the Assembly, recalled, vote reconsidered,
   restored to third reading, amended and  ordered  reprinted,  retaining
   its place in the order of third reading
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.