senate Bill S6176A

2013-2014 Legislative Session

Relates to the power of the fiduciary to access electronic mail and electronic information storage accounts

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Archive: Last Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2014 print number 6176a
May 30, 2014 amend (t) and recommit to judiciary
Jan 08, 2014 referred to judiciary

S6176 - Details

See Assembly Version of this Bill:
A8851
Current Committee:
Senate Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §11-1.1, add §11-1.12, EPT L; add Art 10-C §§167 - 167-d, Gen Bus L

S6176 - Summary

Relates to the power of the fiduciary to access electronic mail and electronic information storage accounts.

S6176 - Sponsor Memo

S6176 - Bill Text download pdf

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

                                  6176

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  the
  power of the fiduciary to access electronic mail and electronic infor-
  mation storage 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 POWER OF THE FIDUCIARY TO ACCESS ELECTRONIC MAIL AND ELECTRON-
            IC INFORMATION STORAGE ACCOUNTS
  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE EXECUTOR OR ADMIN-
ISTRATOR  OF  THE  ESTATE OF A DECEASED PERSON WHO WAS DOMICILED IN THIS
STATE AT THE TIME OF HIS OR HER DEATH IS AUTHORIZED TO REQUEST ACCESS TO
OR COPIES OF THE CONTENTS OF THE DECEDENT'S ELECTRONIC MAIL ACCOUNTS AND
INFORMATION   STORAGE ACCOUNTS FOR THE PURPOSES  OF  (1)  ACCESSING  THE
ELECTRONIC MAIL AND INFORMATION STORED IN SUCH ACCOUNTS; AND (2) CLOSING
SUCH  ACCOUNTS; PROVIDED THAT SUCH ACCOUNTS SHALL BE CLOSED WITHIN SIXTY
DAYS OF THE DATE ACCESS TO SUCH ACCOUNTS IS GRANTED  OR  COPIES  OF  THE
CONTENTS OF SUCH ACCOUNTS ARE PROVIDED TO THE EXECUTOR OR ADMINISTRATOR;
AND  PROVIDED  FURTHER  THAT AN EXECUTOR OR ADMINISTRATOR WHO IS GRANTED
ACCESS TO SUCH ACCOUNTS SHALL USE THE ACCOUNTS TO DOWNLOAD THE  INFORMA-
TION  CONTAINED  IN SUCH ACCOUNTS AND TO PROVIDE NOTICE TO THIRD PARTIES
THAT THE ACCOUNT HOLDER IS DECEASED.
  (B) AN ELECTRONIC MAIL SERVICE PROVIDER OR INFORMATION STORAGE SERVICE
PROVIDER WHO HAS RECEIVED FROM THE  EXECUTOR  OR  ADMINISTRATOR  OF  THE
ESTATE  OF A DECEASED PERSON WHO WAS DOMICILED IN THIS STATE AT THE TIME
OF HIS OR HER DEATH A REQUEST FOR ACCESS TO OR COPIES OF THE CONTENTS OF
THE DECEDENT'S ACCOUNT ACCOMPANIED BY EITHER (1) A WRITTEN  REQUEST  FOR
ACCESS  OR COPIES MADE BY SUCH EXECUTOR OR ADMINISTRATOR, ACCOMPANIED BY
A COPY OF THE DEATH CERTIFICATE AND A CERTIFIED COPY OF THE  CERTIFICATE
OF  APPOINTMENT  AS  EXECUTOR  OR  ADMINISTRATOR; OR (2) AN ORDER OF THE
COURT HAVING JURISDICTION OF THE ESTATE OF SUCH DECEASED PERSON ORDERING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S6176A (ACTIVE) - Details

See Assembly Version of this Bill:
A8851
Current Committee:
Senate Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §11-1.1, add §11-1.12, EPT L; add Art 10-C §§167 - 167-d, Gen Bus L

S6176A (ACTIVE) - Summary

Relates to the power of the fiduciary to access electronic mail and electronic information storage accounts.

S6176A (ACTIVE) - Sponsor Memo

S6176A (ACTIVE) - Bill Text download pdf

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

                                 6176--A

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the estates, powers and trusts law and the general busi-
  ness  law,  in  relation to the power of the fiduciary to access elec-
  tronic mail and electronic information storage accounts

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

  Section  1.  Subparagraph 22 of paragraph (b) of section 11-1.1 of the
estates, powers and trusts law, as renumbered by chapter 904 of the laws
of 1973, is renumbered subparagraph 23 and  a  new  subparagraph  22  is
added to read as follows:
  (22)  TO  REQUEST  A  RECORD  OR  OTHER  INFORMATION PERTAINING TO THE
DECEDENT'S ELECTRONIC MAIL ACCOUNT OR ELECTRONIC DATA  STORAGE  ACCOUNT,
AS  SUCH  TERMS  ARE  DEFINED IN SECTION 11-1.12 OF THIS PART, WHEN SUCH
REQUEST IS NECESSARY  OR  APPROPRIATE  FOR  THE  ADMINISTRATION  OF  THE
ESTATE.  SUCH A REQUEST SHALL NOT INCLUDE THE CONTENTS OF ANY ELECTRONIC
MAIL OR ELECTRONIC DATA OR ANY OTHER INFORMATION FOR WHICH DISCLOSURE IS
NOT AUTHORIZED PURSUANT TO FEDERAL LAW.
  S 2. The estates, powers and trusts law is amended  by  adding  a  new
section 11-1.12 to read as follows:
S 11-1.12 LIMITED POWER OF EXECUTOR OR PERSONAL REPRESENTATIVE TO ACCESS
            THE CONTENTS OF ELECTRONIC MAIL AND ELECTRONIC DATA
  (A)  AS  USED  IN  THIS  SECTION,  THE  FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "ELECTRONIC" SHALL MEAN OF OR RELATING TO TECHNOLOGY  HAVING  ELEC-
TRICAL,  DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMI-
LAR CAPABILITIES.
  2. "ELECTRONIC DATA" MEANS ANY DATA, IMAGES, PICTURES, SOUNDS,  VIDEO,
OR  WRITING  PRODUCED OR STORED BY ELECTRONIC MEANS AND CAPABLE OF BEING
ACCURATELY REPRODUCED IN FORMS PERCEPTIBLE BY  HUMAN  SENSORY  CAPABILI-
TIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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