assembly Bill A8851A

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 Assembly 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
Jun 03, 2014 print number 8851a
Jun 03, 2014 amend (t) and recommit to judiciary
Feb 25, 2014 referred to judiciary

A8851 - Details

See Senate Version of this Bill:
S6176
Current Committee:
Assembly 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

A8851 - Summary

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

A8851 - Bill Text download pdf

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

                                  8851

                          I N  A S S E M B L Y

                            February 25, 2014
                               ___________

Introduced by M. of A. HEVESI -- read once and referred 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
                      [ ] is old law to be omitted.
                                                           LBD13193-01-3

A8851A (ACTIVE) - Details

See Senate Version of this Bill:
S6176
Current Committee:
Assembly 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

A8851A (ACTIVE) - Summary

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

A8851A (ACTIVE) - Bill Text download pdf

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

                                 8851--A

                          I N  A S S E M B L Y

                            February 25, 2014
                               ___________

Introduced by M. of A. HEVESI -- read once and referred 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
                      [ ] is old law to be omitted.
                                                           LBD13193-03-4