Bill Text: NY A02317 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the surrogate's court procedure act, in relation to restricting certain access to records kept by the court

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A02317 Detail]

Download: New_York-2009-A02317-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2317
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
         tee on Judiciary
       AN  ACT  to  amend  the  surrogate's court procedure act, in relation to
         restricting certain access to records kept by the court
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  8  of  section 2501 of the surrogate's court
    2  procedure act is amended to read as follows:
    3    8. All  books  and  records  other  than  those  sealed  are  open  to
    4  inspection  of  any person at reasonable times PROVIDED, HOWEVER, ACCESS
    5  TO SUCH BOOKS AND RECORDS IS NOT FOR A BUSINESS OR COMMERCIAL PURPOSE. A
    6  BUSINESS OR COMMERCIAL PURPOSE SHALL NOT INCLUDE A DEBTOR OF  AN  ESTATE
    7  SEEKING  ACCESS  TO RECORDS OF SUCH ESTATE OR AN ATTORNEY SEEKING ACCESS
    8  TO BOOKS AND RECORDS ON BEHALF OF AN INTERESTED PARTY, ESTATE OR BENEFI-
    9  CIARY.
   10    ANY PERSON SEEKING TO INSPECT ANY BOOKS OR RECORDS, OTHER  THAN  THOSE
   11  SEALED, SHALL COMPLETE A FORM WHICH SHALL BE PROVIDED BY THE COURT. SUCH
   12  FORM  SHALL  REQUIRE  SUCH  PERSON  SEEKING ACCESS TO ANY SUCH BOOKS AND
   13  RECORDS TO DISCLOSE SUCH PERSON'S NAME, ADDRESS,  TELEPHONE  NUMBER  AND
   14  PURPOSE  OF  SUCH  INSPECTION.  SUCH  PERSON SHALL BE REQUIRED TO AGREE,
   15  UNDER PENALTY OF PERJURY, ANY INFORMATION OBTAINED FROM SUCH  BOOKS  AND
   16  RECORDS SHALL NOT BE USED FOR BUSINESS OR COMMERCIAL PURPOSES, EXCEPT AS
   17  PROVIDED IN THIS SUBDIVISION, AND SUCH PERSON OR AN AGENT OF SUCH PERSON
   18  SHALL NOT CONTACT ANY MEMBER OF A DECEDENT'S FAMILY OR ANY BENEFICIARIES
   19  OF  A  DECEDENT,  EXCEPT FOR CLAIMS AND ENTITLEMENTS DIRECTLY RELATED TO
   20  SUCH DECEDENT'S ESTATE.  COMPLETED FORMS SHALL BE RETAINED BY THE COURT.
   21    S 2. This act shall take effect on the first of January next  succeed-
   22  ing  the  date  on  which  it shall have become a law; provided however,
   23  effective immediately, the addition,  amendment  and/or  repeal  of  any
   24  rules  or  regulations  and  the  production  of forms necessary for the
   25  implementation of this act on its  effective  date  are  authorized  and
   26  directed to be made and completed on or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04890-01-9