Bill Text: HI SB297 | 2019 | Regular Session | Introduced


Bill Title: Relating To Digital Media.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2019-01-22 - Referred to TEC/CPH, JDC. [SB297 Detail]

Download: Hawaii-2019-SB297-Introduced.html

THE SENATE

S.B. NO.

297

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to digital MeDIA.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 489J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§489J-    Contracts for digital media accounts; prohibited provisions.  (a)  This section shall apply to all contracts entered into, modified, or renewed on or after July 1, 2019.  No contract shall prohibit, limit, or restrict the transfer of a person's digital media account, upon that person's death, to any devisee or devisees designated by the person's will, or, if none, to any heir or heirs of the person pursuant to the statutes of intestate succession.

     (b)  For the purposes of this section, "digital media account" shall have the same meaning as defined in section 560:2-B."

     SECTION 2.  Chapter 560, Hawaii Revised Statutes, is amended by adding a new part to article II to be appropriately designated and to read as follows:

"Part      .  succession of digital media

     §560:2-A  Applicability.  This part is applicable to all contracts entered into, renewed, or modified on or after July 1, 2019.

     §560:2-B  Definitions.  For the purposes of this part, "digital media account" means any account established for the purpose of playing, downloading, storing, or organizing digital media including music, video, photographs, audiobooks, audio performances, or games; any account identification and password information necessary to access the account; any digital media content stored electronically under the account; and any use license for any digital media stored electronically under the account.

     §560:2-C  Notice; maintenance of digital media account.  Upon receipt of proof of death as provided under section 560:1‑107 from the personal representative of a decedent's estate within       days of the decedent's death, a person or entity shall not terminate any digital media account maintained by the person or entity for the decedent, or destroy or dispose of any digital media content of the decedent stored electronically by the person or entity, except in the case of a violation of any contract provision that would have otherwise applied to the decedent.

     §560:2-D  Access to decedents' digital media account.  To obtain the identification and password information necessary to access a digital media account held at the time of death by the decedent, the personal representative of the estate shall provide any person or entity with whom the decedent held the digital media account with:

     (1)  A written request for the identification and password information necessary for such access, accompanied by proof of death as provided under section 560:1-107, and a certified copy of appointment as personal representative of the estate; or

     (2)  An order of a court having probate jurisdiction over the decedent's estate.

Upon receipt, the person or entity shall provide the personal representative with the identification and password information necessary to access the digital media account of the decedent.  The personal representative shall transfer such information to the decedent's devisee or devisees as determined by will, or, if none, the heir or heirs as determined by the statutes of intestate succession.

     §560:2-E  Descent of digital media account.  (a)  Any digital media account of a decedent shall pass to the devisee or devisees designated by the decedent's will, or, if none, shall descend and be divided among the decedent's heir or heirs in accordance with the statutes of intestate succession.

     (b)  Any devisee or heir inheriting any part of a digital media account shall be subject to the same terms and conditions as were applicable to the decedent at the time of death."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:

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Report Title:

Contracts; Digital Media; Uniform Probate Code

 

Description:

Defines digital media account.  Prohibits contracts that prohibit, limit, or restrict the transfer of a digital media account upon the account holder's death, and provides for the transfer of a decedent's digital media account to a devisee or heir.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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