senate Bill S4895

2013-2014 Legislative Session

Establishes the "access to digital assets act"

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Apr 30, 2013 referred to judiciary

S4895 - Details

See Assembly Version of this Bill:
A6729
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add Art 10 Part 11 ยงยง10-11.1 - 10-11.8, EPT L

S4895 - Summary

Establishes the "access to digital assets act"; provides fiduciary access and control over digital property of decedent or protected person.

S4895 - Sponsor Memo

S4895 - Bill Text download pdf

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

                                  4895

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
  establishing the "access to digital assets act"

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

  Section 1. This act shall be known and may be cited as the "access  to
digital assets act".
  S  2.  Article  10 of the estates, powers and trusts law is amended by
adding a new part 11 to read as follows:
                                 PART 11
                        ACCESS TO DIGITAL ASSETS
SECTION 10-11.1 DEFINITIONS.
        10-11.2 CONTROL OF DIGITAL  PROPERTY  OF  DECEDENT  BY  PERSONAL
                  REPRESENTATIVE.
        10-11.3 CONTROL  OF  DIGITAL  PROPERTY  OF  PROTECTED  PERSON BY
                  CONSERVATOR.
        10-11.4 CONTROL OF DIGITAL PROPERTY  BY  AGENT  UNDER  POWER  OF
                  ATTORNEY.
        10-11.5 CONTROL OF DIGITAL PROPERTY BY TRUSTEE.
        10-11.6 RECOVERY OF DIGITAL PROPERTY FROM CUSTODIAN.
        10-11.7 OBJECTION TO RECOVERY OF DIGITAL PROPERTY BY FIDUCIARY.
        10-11.8 CUSTODIAN IMMUNITY.
S 10-11.1 DEFINITIONS.
  AS  USED  IN  THIS  PART, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "ACCOUNT HOLDER" MEANS A DECEDENT, PROTECTED PERSON, PRINCIPAL, OR
SETTLOR WHO HAS TERMS-OF-SERVICE AGREEMENT WITH A CUSTODIAN.
  (B) "AGENT" MEANS AN ATTORNEY-IN-FACT GRANTED AUTHORITY UNDER A  DURA-
BLE OR NONDURABLE POWER OF ATTORNEY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10200-01-3

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