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Assembly Bill A2317

2009-2010 Legislative Session

Restricts certain access to records kept by the surrogate's court

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Archive: Last Bill Status - In Assembly Committee

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2009-A2317 (ACTIVE) - Details

See Senate Version of this Bill:
S1379
Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd ยง2501, SCPA
Versions Introduced in Other Legislative Sessions:
2011-2012: A1876, S1213
2013-2014: S631

2009-A2317 (ACTIVE) - Summary

Restricts access to records kept by the surrogate's court for business or commercial purposes; makes certain exceptions; and requires any person seeking access to books or records of the court to complete a form which shall disclose such person's name, address, telephone number and purpose of such access.

2009-A2317 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2317

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT  to  amend  the  surrogate's court procedure act, in relation to
  restricting certain access to records kept by the court

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

  Section  1.  Subdivision  8  of  section 2501 of the surrogate's court
procedure act is amended to read as follows:
  8. All  books  and  records  other  than  those  sealed  are  open  to
inspection  of  any person at reasonable times PROVIDED, HOWEVER, ACCESS
TO SUCH BOOKS AND RECORDS IS NOT FOR A BUSINESS OR COMMERCIAL PURPOSE. A
BUSINESS OR COMMERCIAL PURPOSE SHALL NOT INCLUDE A DEBTOR OF  AN  ESTATE
SEEKING  ACCESS  TO RECORDS OF SUCH ESTATE OR AN ATTORNEY SEEKING ACCESS
TO BOOKS AND RECORDS ON BEHALF OF AN INTERESTED PARTY, ESTATE OR BENEFI-
CIARY.
  ANY PERSON SEEKING TO INSPECT ANY BOOKS OR RECORDS, OTHER  THAN  THOSE
SEALED, SHALL COMPLETE A FORM WHICH SHALL BE PROVIDED BY THE COURT. SUCH
FORM  SHALL  REQUIRE  SUCH  PERSON  SEEKING ACCESS TO ANY SUCH BOOKS AND
RECORDS TO DISCLOSE SUCH PERSON'S NAME, ADDRESS,  TELEPHONE  NUMBER  AND
PURPOSE  OF  SUCH  INSPECTION.  SUCH  PERSON SHALL BE REQUIRED TO AGREE,
UNDER PENALTY OF PERJURY, ANY INFORMATION OBTAINED FROM SUCH  BOOKS  AND
RECORDS SHALL NOT BE USED FOR BUSINESS OR COMMERCIAL PURPOSES, EXCEPT AS
PROVIDED IN THIS SUBDIVISION, AND SUCH PERSON OR AN AGENT OF SUCH PERSON
SHALL NOT CONTACT ANY MEMBER OF A DECEDENT'S FAMILY OR ANY BENEFICIARIES
OF  A  DECEDENT,  EXCEPT FOR CLAIMS AND ENTITLEMENTS DIRECTLY RELATED TO
SUCH DECEDENT'S ESTATE.  COMPLETED FORMS SHALL BE RETAINED BY THE COURT.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided however,
effective immediately, the addition,  amendment  and/or  repeal  of  any
rules  or  regulations  and  the  production  of forms necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed to be made and completed on or before such effective date.

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

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