senate Bill S1213

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jan 06, 2011 referred to judiciary

S1213 - Details

See Assembly Version of this Bill:
A1876
Current Committee:
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd ยง2501, SCPA
Versions Introduced in 2009-2010 Legislative Session:
S1379, A2317

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

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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