Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 20, 2015 |
signed chap.458 |
Nov 10, 2015 |
delivered to governor |
Jun 15, 2015 |
returned to assembly passed senate substituted for s5482 |
Jun 15, 2015 |
substituted by a7596 |
Jun 09, 2015 |
advanced to third reading |
Jun 08, 2015 |
2nd report cal. |
Jun 03, 2015 |
1st report cal.1324 |
May 14, 2015 |
referred to mental health and developmental disabilities |
Senate Bill S5482
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A7596 - 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
Actions
Votes
2015-S5482 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7596
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd ยงยง83.03 & 83.39, Ment Hyg L
2015-S5482 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5482 TITLE OF BILL: An act to amend the mental hygiene law, in relation to the effect of registration for purposes of the uniform guardianship and protective proceedings jurisdiction act PURPOSE: To clarify provisions adopted as part of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act of 2013 relating to the right of guardians appointed in other states to appear in New York courts and dispose of real estate. SUMMARY OF PROVISIONS: Section 1 amends section 83.03 to make a technical correction by adding a comma Section 2 amends section 83.39 of the mental hygiene law to make it clear that an adult guardian appointed in another state, if authorized to do so by the appointing court, could appear in New York courts. It also clarifies that all "protective orders" not just orders appointing a guardian of the property or a guardian of the person, are enforceable pursuant to this section of law. Protective orders are already defined in section 83.03(i) to mean an order appointing a conservator guardian of the property or other order related to management of an adult's property, yet protective orders were inadvertently left out of section 83.39. Finally, it clarifies that
2015-S5482 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5482 2015-2016 Regular Sessions I N S E N A T E May 14, 2015 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to the effect of registration for purposes of the uniform guardianship and protective proceedings jurisdiction act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (i) of section 83.03 of the mental hygiene law, as added by chapter 427 of the laws of 2013, is amended to read as follows: (i) "Protective order" means an order appointing a conservator, guard- ian of the property or other order related to management of an adult's property. S 2. Section 83.39 of the mental hygiene law, as added by chapter 427 of the laws of 2013, is amended to read as follows: S 83.39 Effect of registration. (a) Upon registration of an order appointing a guardian of the person or protective order from another state, the guardian of the person or guardian of the property may exercise in this state all powers author- ized in the order of appointment OR PROTECTIVE ORDER except as prohibit- ed under the laws of this state[, including maintaining actions and proceedings in this state and selling real property] and, if the guardi- an of the person or guardian of the property is not a resident of this state, subject to any conditions imposed upon nonresident parties. (b) A court of this state may grant any relief available under this article and other law of this state to enforce a registered order. (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON REGIS- TRATION OF AN ORDER APPOINTING A GUARDIAN OF THE PERSON OR PROTECTIVE ORDER FROM ANOTHER STATE, THE GUARDIAN OF THE PERSON OR GUARDIAN OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10986-02-5
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