Assembly Bill A9836

2015-2016 Legislative Session

Provides access to a decedent's electronic mail, social networking and/or microblogging accounts to the executor or administrator of the decedent's estate

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A9836 (ACTIVE) - Details

See Senate Version of this Bill:
S1565
Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add §11-1.12, EPT L

2015-A9836 (ACTIVE) - Summary

Provides access to a decedent's electronic mail, social networking and/or microblogging accounts to the executor or administrator of the decedent's estate.

2015-A9836 (ACTIVE) - Bill Text download pdf 

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

                                  9836

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by M. of A. BLAKE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
  access  to  a  decedent's  electronic  mail,  social networking and/or
  microblogging 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 ACCESS TO DECEDENT'S ELECTRONIC MAIL, SOCIAL NETWORKING AND/OR
            MICROBLOGGING ACCOUNTS
  (A) THE EXECUTOR OR ADMINISTRATOR OR AN ESTATE OF  A  DECEASED  PERSON
WHO  WAS  DOMICILED  IN THIS STATE AT THE TIME OF HIS OR HER DEATH SHALL
HAVE THE POWER TO TAKE CONTROL OF, CONDUCT, CONTINUE  OR  TERMINATE  ANY
ACCOUNTS  OF  THE DECEDENT ON ANY SOCIAL NETWORKING WEBSITE, ANY MICROB-
LOGGING OR SHORT MESSAGE SERVICE WEBSITE OR ANY EMAIL SERVICE WEBSITE.
  (B) ANY SERVICE PROVIDER OF A SOCIAL NETWORKING WEBSITE, A  MICROBLOG-
GING  OR SHORT MESSAGE SERVICE WEBSITE OR AN EMAIL SERVICE WEBSITE SHALL
PROVIDE TO THE EXECUTOR OR ADMINISTRATOR OF SUCH ESTATE  ACCESS  TO  ANY
ACCOUNT  HELD  BY THE DECEDENT UPON RECEIPT BY THE SERVICE PROVIDER OF A
WRITTEN REQUEST FOR SUCH ACCESS MADE BY THE EXECUTOR  OR  ADMINISTRATOR,
ACCOMPANIED  BY  A COPY OF THE DEATH CERTIFICATE AND A CERTIFIED COPY OF
THE CERTIFICATE OF APPOINTMENT AS EXECUTOR OR ADMINISTRATOR.
  (C) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO REQUIRE SUCH SERVICE
PROVIDER TO DISCLOSE ANY INFORMATION  IN  VIOLATION  OF  ANY  APPLICABLE
FEDERAL LAW.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect immediately.

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

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