Bill Text: NY A04154 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A04154 Detail]

Download: New_York-2015-A04154-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4154
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced by M. of A. KEARNS -- 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:
    1    Section 1. The estates, powers and trusts law is amended by  adding  a
    2  new section 11-1.12 to read as follows:
    3  S 11-1.12 ACCESS TO DECEDENT'S ELECTRONIC MAIL, SOCIAL NETWORKING AND/OR
    4               MICROBLOGGING ACCOUNTS
    5    (A)  THE  EXECUTOR  OR ADMINISTRATOR OR AN ESTATE OF A DECEASED PERSON
    6  WHO WAS DOMICILED IN THIS STATE AT THE TIME OF HIS OR  HER  DEATH  SHALL
    7  HAVE  THE  POWER  TO TAKE CONTROL OF, CONDUCT, CONTINUE OR TERMINATE ANY
    8  ACCOUNTS OF THE DECEDENT ON ANY SOCIAL NETWORKING WEBSITE,  ANY  MICROB-
    9  LOGGING OR SHORT MESSAGE SERVICE WEBSITE OR ANY EMAIL SERVICE WEBSITE.
   10    (B)  ANY SERVICE PROVIDER OF A SOCIAL NETWORKING WEBSITE, A MICROBLOG-
   11  GING OR SHORT MESSAGE SERVICE WEBSITE OR AN EMAIL SERVICE WEBSITE  SHALL
   12  PROVIDE  TO  THE  EXECUTOR OR ADMINISTRATOR OF SUCH ESTATE ACCESS TO ANY
   13  ACCOUNT HELD BY THE DECEDENT UPON RECEIPT BY THE SERVICE PROVIDER OF:
   14    (1) A WRITTEN REQUEST FOR SUCH ACCESS MADE BY THE EXECUTOR OR ADMINIS-
   15  TRATOR, ACCOMPANIED BY A COPY OF THE DEATH CERTIFICATE AND  A  CERTIFIED
   16  COPY OF THE CERTIFICATE OF APPOINTMENT AS EXECUTOR OR ADMINISTRATOR; AND
   17    (2) AN ORDER OF THE COURT OF PROBATE WITH JURISDICTION OVER THE ESTATE
   18  OF  THE  DECEDENT  DESIGNATING THE EXECUTOR OR ADMINISTRATOR AS AN AGENT
   19  FOR THE DECEASED SUBSCRIBER AS DEFINED IN THE ELECTRONIC  COMMUNICATIONS
   20  PRIVACY  ACT, 18 U.S.C. 2701, ON BEHALF OF HIS OR HER ESTATE, AND ORDER-
   21  ING THAT THE ESTATE SHALL FIRST INDEMNIFY THE SERVICE PROVIDER FROM  ALL
   22  LIABILITY IN COMPLYING WITH SUCH ORDER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07507-01-5
       A. 4154                             2
    1    (C) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO REQUIRE SUCH SERVICE
    2  PROVIDER  TO  DISCLOSE  ANY  INFORMATION  IN VIOLATION OF ANY APPLICABLE
    3  FEDERAL LAW.
    4    S 2. Severability. If any clause, sentence, paragraph, section or part
    5  of  this act shall be adjudged by any court of competent jurisdiction to
    6  be invalid and after exhaustion of  all  further  judicial  review,  the
    7  judgment  shall  not affect, impair or invalidate the remainder thereof,
    8  but shall be confined in its operation to the  clause,  sentence,  para-
    9  graph,  section or part of this act directly involved in the controversy
   10  in which the judgment shall have been rendered.
   11    S 3. This act shall take effect immediately.