assembly Bill A823

Provides access to a decedent's electronic mail, social networking and/or microblogging accounts to the executor or administrator of the decedent's estate

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Sponsor

KEARNS

Co-Sponsors

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Multi-Sponsors

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Provides access to a decedent's electronic mail, social networking and/or microblogging accounts to the executor or administrator of the decedent's estate.

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Bill Details

Versions:
A823
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add §11-1.12, EPT L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   823

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KEARNS -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  estates,  powers and trusts law, in relation to
  access to a  decedent's  electronic  mail,  social  networking  and/or
  microblogging accounts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The estates, powers and trusts law is amended by  adding  a
new section 11-1.12 to read as follows:
S 11-1.12 ACCESS TO DECEDENT'S ELECTRONIC MAIL, SOCIAL NETWORKING AND/OR
             MICROBLOGGING ACCOUNTS
  (A)  THE  EXECUTOR  OR ADMINISTRATOR OR AN ESTATE OF A DECEASED PERSON
WHO WAS DOMICILED IN THIS STATE AT THE TIME OF HIS OR  HER  DEATH  SHALL
HAVE  THE  POWER  TO TAKE CONTROL OF, CONDUCT, CONTINUE OR TERMINATE ANY
ACCOUNTS OF THE DECEDENT ON ANY SOCIAL NETWORKING WEBSITE,  ANY  MICROB-
LOGGING OR SHORT MESSAGE SERVICE WEBSITE OR ANY EMAIL SERVICE WEBSITE.
  (B)  ANY SERVICE PROVIDER OF A SOCIAL NETWORKING WEBSITE, A MICROBLOG-
GING OR SHORT MESSAGE SERVICE WEBSITE OR AN EMAIL SERVICE WEBSITE  SHALL
PROVIDE  TO  THE  EXECUTOR OR ADMINISTRATOR OF SUCH ESTATE ACCESS TO ANY
ACCOUNT HELD BY THE DECEDENT UPON RECEIPT BY THE SERVICE PROVIDER OF:
  (1) A WRITTEN REQUEST FOR SUCH ACCESS MADE BY THE EXECUTOR OR ADMINIS-
TRATOR, ACCOMPANIED BY A COPY OF THE DEATH CERTIFICATE AND  A  CERTIFIED
COPY OF THE CERTIFICATE OF APPOINTMENT AS EXECUTOR OR ADMINISTRATOR; AND
  (2) AN ORDER OF THE COURT OF PROBATE WITH JURISDICTION OVER THE ESTATE
OF  THE  DECEDENT  DESIGNATING THE EXECUTOR OR ADMINISTRATOR AS AN AGENT
FOR THE DECEASED SUBSCRIBER AS DEFINED IN THE ELECTRONIC  COMMUNICATIONS
PRIVACY  ACT, 18 U.S.C. 2701, ON BEHALF OF HIS OR HER ESTATE, AND ORDER-
ING THAT THE ESTATE SHALL FIRST INDEMNIFY THE SERVICE PROVIDER FROM  ALL
LIABILITY IN COMPLYING WITH SUCH ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01070-01-3

A. 823                              2

  (C) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO REQUIRE SUCH SERVICE
PROVIDER  TO  DISCLOSE  ANY  INFORMATION  IN VIOLATION OF ANY APPLICABLE
FEDERAL LAW.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect immediately.

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