|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to judiciary|
|Jan 06, 2011||referred to judiciary|
senate Bill S1213
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1213 - Details
S1213 - 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.
S1213 - Sponsor Memo
BILL NUMBER:S1213 TITLE OF BILL: An act to amend the surrogate's court procedure act, in relation to restricting certain access to records kept by the court PURPOSE: To prevent mourning survivors from being harassed by vendors. SUMMARY OF PROVISIONS: This legislation amends subdivision 8 of section 2501 of the surrogate's court procedure act. persons wishing to examine open surrogate's court records will be required to fill out a form stating that the records will not be used for a business or commercial purpose. The form will require disclosure of the person's name, address, telephone number and purpose of such inspection. Such person will be required to agree, under penalty of perjury, that any information obtained from such books and records will not be used for business or commercial purposes. It also provides that such person or agent will not contact any member of a decedent's family or any beneficiaries of a decedent except for claims and entitlements directly related to the decedent's estate. The completed forms will be retained by the court. JUSTIFICATION:
S1213 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1213 2011-2012 Regular Sessions I N S E N A T E January 6, 2011 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee 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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