Bill Text: OR SB54 | 2013 | Regular Session | Introduced
Bill Title: Relating to digital property.
Sponsorship: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB54 Detail]
Download: Oregon-2013-SB54-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 457
Senate Bill 54
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon State Bar Estate Planning Section)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Defines 'digital accounts' and 'digital assets' for purposes of
administration of estates and trusts. Requires custodian of
digital accounts and digital assets to transfer, deliver or
provide access to accounts or electronic copies of assets to
personal representative, conservator or settlor upon written
request.
A BILL FOR AN ACT
Relating to digital property; creating new provisions; and
amending ORS 111.005, 114.305, 114.505, 125.005, 125.445,
130.010 and 179.610.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 111.005 is amended to read:
111.005. As used in ORS chapters 111, 112, 113, 114, 115, 116
and 117, unless the context requires otherwise:
(1) 'Abate' means to reduce a devise on account of the
insufficiency of the estate to pay all claims, expenses and
devises in full.
(2) 'Action' includes suits and legal proceedings.
(3) 'Administration' means any proceeding relating to the
estate of a decedent, whether the decedent died testate,
intestate or partially intestate.
(4) 'Advancement' means a gift by a decedent to an heir to
enable the donee to anticipate the inheritance to the extent of
the gift.
(5) 'All purposes of intestate succession' means succession by,
through or from a person, both lineal and collateral.
(6) 'Assets' includes real { - , - } { + and + } personal
{ - and intangible - } property.
(7) 'Claim' includes liabilities of a decedent, whether arising
in contract, in tort or otherwise.
(8) 'Court' or 'probate court' means the court in which
jurisdiction of probate matters, causes and proceedings is vested
as provided in ORS 111.075.
(9) 'Decedent' means a person who has died leaving property
that is subject to administration.
(10) 'Devise,' when used as a noun, means property disposed of
by a will, and includes 'legacy' and 'bequest. '
(11) 'Devise,' when used as a verb, means to dispose of
property by a will, and includes 'bequeath. '
(12) 'Devisee' includes 'legatee' and 'beneficiary. '
{ + (13) 'Digital accounts' includes, but is not limited to,
electronic mail, financial, personal and other online accounts.
(14) 'Digital assets' includes, but is not limited to, text,
images, multimedia information or other property stored in a
digital format, whether stored on a server, computer or other
physical device or in an electronic medium, regardless of the
ownership of the physical device or electronic medium in which
the digital asset is stored. 'Digital assets' includes, but is
not limited to, words, characters, codes or contractual rights
necessary to access the digital assets. + }
{ - (13) - } { + (15) + } 'Distributee' means a person
entitled to any property of a decedent under the will of the
decedent or under intestate succession.
{ - (14) - } { + (16) + } 'Domicile' means the place of
abode of a person, where the person intends to remain and to
which, if absent, the person intends to return.
{ - (15) - } { + (17) + } 'Estate' means the real and
personal property of a decedent, as from time to time changed in
form by sale, reinvestment or otherwise, and augmented by any
accretions or additions thereto and substitutions therefor or
diminished by any decreases and distributions therefrom.
{ - (16) - } { + (18) + } 'Funeral' includes burial or
other disposition of the remains of a decedent, including the
plot or tomb and other necessary incidents to the disposition of
the remains.
{ - (17) - } { + (19) + } 'General devise' means a devise
chargeable generally on the estate of a testator and not
distinguishable from other parts thereof or not so given as to
amount to a specific devise.
{ - (18) - } { + (20) + } 'Heir' means any person,
including the surviving spouse, who is entitled under intestate
succession to the property of a decedent who died wholly or
partially intestate.
{ - (19) - } { + (21) + } 'Interested person' includes
heirs, devisees, children, spouses, creditors and any others
having a property right or claim against the estate of a decedent
that may be affected by the proceeding. It also includes
fiduciaries representing interested persons.
{ - (20) - } { + (22) + } 'Intestate' means one who dies
without leaving a valid will, or the circumstance of dying
without leaving a valid will, effectively disposing of all the
estate.
{ - (21) - } { + (23) + } 'Intestate succession' means
succession to property of a decedent who dies intestate or
partially intestate.
{ - (22) - } { + (24) + } 'Issue' includes adopted children
and their issue and, when used to refer to persons who take by
intestate succession, includes all lineal descendants, except
those who are the lineal descendants of living lineal
descendants.
{ - (23) - } { + (25) + } 'Net estate' means the real and
personal property of a decedent, except property used for the
support of the surviving spouse and children and for the payment
of expenses of administration, funeral expenses, claims and
taxes.
{ - (24) - } { + (26) + } 'Net intestate estate' means any
part of the net estate of a decedent not effectively disposed of
by the will.
{ - (25) - } { + (27) + } 'Personal property' includes all
{ + tangible and intangible + } property { + , + } other than
real property { + , and includes digital assets + }.
{ - (26) - } { + (28) + } 'Personal representative'
includes executor, administrator, administrator with will annexed
and administrator de bonis non, but does not include special
administrator.
{ - (27) - } { + (29) + } 'Property' includes
{ - both - } real and personal property.
{ - (28) - } { + (30) + } 'Real property' includes all
legal and equitable interests in land, in fee and for life.
{ - (29) - } { + (31) + } 'Settlement' includes, as to the
estate of a decedent, the full process of administration,
distribution and closing.
{ - (30) - } { + (32) + } 'Specific devise' means a devise
of a specific thing or specified part of the estate of a testator
that is so described as to be capable of identification. It is a
gift of a part of the estate identified and differentiated from
all other parts.
{ - (31) - } { + (33) + } 'Will' includes codicil; it also
includes a testamentary instrument that merely appoints an
executor or that merely revokes or revives another will.
SECTION 2. ORS 114.305 is amended to read:
114.305. Subject to the provisions of ORS 97.130 (2) and (10)
and except as restricted or otherwise provided by the will of the
decedent, { + by + } a document of anatomical gift under ORS
97.965 or by court order, a personal representative, acting
reasonably for the benefit of interested persons, is authorized
to:
(1) Direct and authorize disposition of the remains of the
decedent pursuant to ORS 97.130 and incur expenses for the
funeral, burial or other disposition of the remains in a manner
suitable to the condition in life of the decedent. Only those
funeral expenses necessary for a plain and decent funeral and
disposition of the remains of the decedent may be paid from the
estate if the assets are insufficient to pay the claims of the
Department of Human Services and the Oregon Health Authority for
the net amount of public assistance, as defined in ORS 411.010,
paid to or for the decedent and for care and maintenance of any
decedent who was at a state institution to the extent provided in
ORS 179.610 to 179.770.
(2) Retain assets owned by the decedent pending distribution or
liquidation.
(3) Receive assets from fiduciaries or other sources.
(4) Complete, compromise or refuse performance of contracts of
the decedent that continue as obligations of the estate, as the
personal representative may determine under the circumstances. In
performing enforceable contracts by the decedent to convey or
lease real property, the personal representative, among other
courses of action, may:
(a) Execute and deliver a deed upon satisfaction of any sum
remaining unpaid or upon receipt of the note of the purchaser
adequately secured; or
(b) Deliver a deed in escrow with directions that the proceeds,
when paid in accordance with the escrow agreement, be paid to the
successors of the decedent, as designated in the escrow
agreement.
(5) Satisfy written pledges of the decedent for contributions,
whether or not the pledges constituted binding obligations of the
decedent or were properly presented as claims.
(6) Deposit funds not needed to meet currently payable debts
and expenses, and not immediately distributable, in bank or
savings and loan association accounts, or invest the funds in
bank or savings and loan association certificates of deposit, or
federally regulated money-market funds and short-term investment
funds suitable for investment by trustees under ORS 130.750 to
130.775, or short-term United States Government obligations.
(7) Abandon burdensome property when it is valueless, or is so
encumbered or is in a condition that it is of no benefit to the
estate.
(8) Vote stocks or other securities in person or by general or
limited proxy.
(9) Pay calls, assessments and other sums chargeable or
accruing against or on account of securities.
(10) Sell or exercise stock subscription or conversion rights.
(11) Consent, directly or through a committee or other agent,
to the reorganization, consolidation, merger, dissolution or
liquidation of a corporation or other business enterprise.
(12) Hold a security in the name of a nominee or in other form
without disclosure of the interest of the estate, but the
personal representative is liable for any act of the nominee in
connection with the security so held.
(13) Insure the assets of the estate against damage and loss,
and insure the personal representative against liability to third
persons.
(14) Advance or borrow money with or without security.
(15) Compromise, extend, renew or otherwise modify an
obligation owing to the estate. A personal representative who
holds a mortgage, pledge, lien or other security interest may
accept a conveyance or transfer of the encumbered asset in lieu
of foreclosure in full or partial satisfaction of the
indebtedness.
(16) Accept other real property in part payment of the purchase
price of real property sold by the personal representative.
(17) Pay taxes, assessments and expenses incident to the
administration of the estate.
(18) Employ qualified persons, including attorneys, accountants
and investment advisers, to advise and assist the personal
representative and to perform acts of administration, whether or
not discretionary, on behalf of the personal representative.
(19) Prosecute or defend actions, claims or proceedings in any
jurisdiction for the protection of the estate and of the personal
representative in the performance of duties as personal
representative.
(20) Prosecute claims of the decedent including those for
personal injury or wrongful death.
(21) Continue any business or venture in which the decedent was
engaged at the time of death to preserve the value of the
business or venture.
(22) Incorporate or otherwise change the business form of any
business or venture in which the decedent was engaged at the time
of death.
(23) Discontinue and wind up any business or venture in which
the decedent was engaged at the time of death.
(24) Provide for exoneration of the personal representative
from personal liability in any contract entered into on behalf of
the estate.
(25) Satisfy and settle claims and distribute the estate as
provided in ORS chapters 111, 112, 113, 114, 115, 116 and 117.
{ + (26) Access, take control of, possess, handle, conduct,
continue, distribute, dispose of or terminate any digital assets
and digital accounts of the decedent. + }
{ - (26) - } { + (27) + } Perform all other acts required
or permitted by law or by the will of the decedent.
SECTION 3. { + Section 4 of this 2013 Act is added to and made
a part of ORS chapter 114. + }
SECTION 4. { + (1) As used in this section, 'custodian' means
a person, business or other entity that electronically stores the
digital assets of a decedent or that maintains, manages, controls
or operates the digital accounts owned or accessed by a decedent
or a decedent's agents or representatives.
(2) Within 30 days after receipt of a written request from the
personal representative or an order from the court administering
the estate of a decedent, a custodian shall transfer, deliver or
provide to the personal representative:
(a) Access to or possession of digital accounts of the decedent
that are maintained, managed, controlled or operated by the
custodian, including but not limited to the ability to download
and print information contained in the accounts; or
(b) Electronic copies of any digital assets of the decedent
stored by the custodian.
(3) A custodian may not destroy or dispose of a digital asset
or digital account of the decedent for two years after the
custodian receives a request or order under subsection (2) of
this section, except that:
(a) If a custodian has complied with subsection (2)(a) of this
section, the custodian may destroy or dispose of a digital
account nine months after the date of compliance; and
(b) If a custodian has complied with subsection (2)(b) of this
section, the custodian may destroy or dispose of a digital asset
60 days after the date of compliance.
(4) A custodian that transfers, delivers, provides access to or
allows possession of digital assets or digital accounts as
provided in this section is discharged and released from
liability or responsibility for the digital assets and digital
accounts. + }
SECTION 5. ORS 114.505 is amended to read:
114.505. As used in ORS 114.505 to 114.560:
(1) 'Affiant' means the person or persons signing an affidavit
filed under ORS 114.515.
(2) 'Claiming successors' means:
(a) If the decedent died intestate, the heir or heirs of the
decedent, or if there is no heir, an estate administrator of the
Department of State Lands appointed under ORS 113.235;
(b) If the decedent died testate, the devisee or devisees of
the decedent; and
(c) Any creditor of the estate entitled to payment or
reimbursement from the estate under ORS 114.545 (1)(c) who has
not been paid or reimbursed the full amount owed such creditor
within 60 days after the date of the decedent's death.
(3) 'Estate' means { + the + } decedent's { + real and
personal + } property { + , including digital assets, + } subject
to administration in Oregon.
SECTION 6. ORS 125.005 is amended to read:
125.005. As used in this chapter:
(1) 'Conservator' means a person appointed as a conservator
under the provisions of this chapter.
{ + (2) 'Digital accounts' includes, but is not limited to,
electronic mail, financial, personal and other online accounts.
(3) 'Digital assets' includes, but is not limited to, text,
images, multimedia information or other property stored in a
digital format, whether stored on a server, computer or other
physical device or in an electronic medium, regardless of the
ownership of the physical device or electronic medium in which
the digital asset is stored. 'Digital assets' includes, but is
not limited to, words, characters, codes or contractual rights
necessary to access the digital assets. + }
{ - (2) - } { + (4) + } 'Fiduciary' means a guardian or
conservator appointed under the provisions of this chapter or any
other person appointed by a court to assume duties with respect
to a protected person under the provisions of this chapter.
{ - (3) - } { + (5) + } 'Financially incapable' means a
condition in which a person is unable to manage financial
resources of the person effectively for reasons including, but
not limited to, mental illness, mental retardation, physical
illness or disability, chronic use of drugs or controlled
substances, chronic intoxication, confinement, detention by a
foreign power or disappearance. 'Manage financial resources'
means those actions necessary to obtain, administer and dispose
of real and personal property, intangible property, business
property, { + digital assets, + } benefits and income.
{ - (4) - } { + (6) + } 'Guardian' means a person appointed
as a guardian under the provisions of this chapter.
{ - (5) - } { + (7) + } 'Incapacitated' means a condition
in which a person's ability to receive and evaluate information
effectively or to communicate decisions is impaired to such an
extent that the person presently lacks the capacity to meet the
essential requirements for the person's physical health or
safety. 'Meeting the essential requirements for physical health
and safety' means those actions necessary to provide the health
care, food, shelter, clothing, personal hygiene and other care
without which serious physical injury or illness is likely to
occur.
{ - (6) - } { + (8) + } 'Minor' means any person who has
not attained 18 years of age.
{ - (7) - } { + (9) + } 'Protected person' means a person
for whom a protective order has been entered.
{ - (8) - } { + (10) + } 'Protective order' means an order
of a court appointing a fiduciary or any other order of the court
entered for the purpose of protecting the person or estate of a
respondent or protected person.
{ - (9) - } { + (11) + } 'Protective proceeding' means a
proceeding under this chapter.
{ - (10) - } { + (12) + } 'Respondent' means a person for
whom entry of a protective order is sought in a petition filed
under ORS 125.055.
{ - (11) - } { + (13) + } 'Visitor' means a person
appointed by the court under ORS 125.150 for the purpose of
interviewing and evaluating a respondent or protected person.
SECTION 7. ORS 125.445 is amended to read:
125.445. A conservator may perform the following acts without
prior court authorization or confirmation if the conservator is
acting reasonably to accomplish the purposes for which the
conservator was appointed:
(1) Collect, hold and retain assets of the estate including
land wherever situated, until, in the judgment of the
conservator, disposition of the assets should be made. Assets of
the estate may be retained even though those assets include
property in which the conservator is personally interested.
(2) Receive additions to the estate.
(3) Continue or participate in the operation of any business or
other enterprise.
(4) Acquire an undivided interest in an estate asset in which
the conservator, in any fiduciary capacity, holds an undivided
interest.
(5) Invest and reinvest estate assets and funds in the same
manner as a trustee may invest and reinvest.
(6) Deposit estate funds in a bank including a bank operated by
the conservator.
(7) Except as limited in ORS 125.430, acquire or dispose of an
estate asset including real property wherever situated for cash
or on credit, at public or private sale.
(8) Manage, develop, improve, exchange, partition, change the
character of or abandon an estate asset in connection with the
exercise of any power vested in the conservator.
(9) Make ordinary or extraordinary repairs or alterations in
buildings or other structures, demolish any improvements, or raze
existing or erect new party walls or buildings.
(10) Subdivide, develop or dedicate land to public use, make or
obtain the vacation of plats and adjust boundaries, adjust
differences in valuation on exchange or partition by giving or
receiving considerations, and dedicate easements to public use
without consideration.
(11) Enter for any purpose into a lease as lessor or lessee
with or without option to purchase or renew for a term within or
extending beyond the term of the conservatorship.
(12) Enter into a lease or arrangement for exploration and
removal of minerals or other natural resources or enter into a
pooling or unitization agreement.
(13) Grant an option involving disposition of an estate asset
or take an option for acquisition of any asset.
(14) Vote a security, in person or by general or limited proxy.
(15) Pay calls, assessments and any other sums chargeable or
accruing against or on account of securities.
(16) Sell or exercise stock subscription or conversion rights,
or consent, directly or through a committee or other agent, to
the reorganization, consolidation, merger, dissolution or
liquidation of a corporation or other business enterprise.
(17) Hold a security in the name of a nominee or in other form
without disclosure of the conservatorship so that title to the
security may pass by delivery. The conservator is liable for any
act of the nominee in connection with the stock so held.
(18) Insure the assets of the estate against damage or loss,
and the conservator against liability with respect to third
persons.
(19) Borrow money to be repaid from estate assets or otherwise
and mortgage or pledge property of the protected person as
security therefor.
(20) Advance money for the protection of the estate or the
protected person, and for all expenses, losses and liability
sustained in the administration of the estate or because of the
holding or ownership of any estate assets. The conservator has a
lien on the estate as against the protected person for advances
so made.
(21) Pay or contest any claim, settle a claim by or against the
estate or the protected person by compromise, arbitration or
otherwise, and release, in whole or in part, any claim belonging
to the estate to the extent that the claim is uncollectible.
(22) Pay taxes, assessments, compensation of the conservator
and other expenses incurred in the collection, care,
administration and protection of the estate.
(23) Allocate items of income or expense to either income or
principal, including creation of reserves out of income for
depreciation, obsolescence or amortization, or for depletion in
mineral or timber properties.
(24) Pay any sum distributable to a protected person or a
dependent of a protected person by paying the sum to the
protected person or the dependent, or by paying the sum either to
a guardian, custodian under ORS 126.700, or conservator of the
protected person or, if none, to a relative or other person with
custody of the protected person.
(25) Employ persons, including attorneys, auditors, investment
advisers or agents, even though they are associated with the
conservator, to advise or assist the conservator in the
performance of administrative duties, acting upon their
recommendation without independent investigation, and instead of
acting personally, employing one or more agents to perform any
act of administration, whether or not discretionary, except that
payment to the conservator's attorney of record is subject to the
provisions of ORS 125.095.
(26) Prosecute or defend actions, claims or proceedings in any
jurisdiction for the protection of estate assets and of the
conservator in the performance of duties.
(27) Prosecute claims of the protected person including those
for the personal injury of the protected person.
(28) Execute and deliver all instruments that will accomplish
or facilitate the exercise of the powers vested in the
conservator.
{ + (29) Access, take control of, possess, handle, conduct,
continue, distribute, dispose of or terminate any digital assets
and digital accounts of the protected person. + }
SECTION 8. { + Section 9 of this 2013 Act is added to and made
a part of ORS chapter 125. + }
SECTION 9. { + (1) As used in this section, 'custodian' means
a person, business or other entity that electronically stores the
digital assets of a protected person or that maintains, manages,
controls or operates the digital accounts owned or accessed by a
protected person or a protected person's agents or
representatives.
(2) Within 30 days after receipt of a written request from the
conservator or an order from the court administering the estate
of the protected person, a custodian shall transfer, deliver or
provide to the conservator:
(a) Access to or possession of digital accounts of the
protected person that are maintained, managed, controlled or
operated by the custodian, including but not limited to the
ability to download and print information contained in the
accounts; or
(b) Electronic copies of any digital assets of the protected
person stored by the custodian.
(3) A custodian may not destroy or dispose of a digital asset
or digital account of the protected person for two years after
the custodian receives a request or order under subsection (2) of
this section, except that:
(a) If a custodian has complied with subsection (2)(a) of this
section, the custodian may destroy or dispose of a digital
account nine months after the date of compliance; and
(b) If a custodian has complied with subsection (2)(b) of this
section, the custodian may destroy or dispose of a digital asset
60 days after the date of compliance.
(4) A custodian that transfers, delivers, provides access to or
allows possession of digital assets or digital accounts as
provided in this section is discharged and released from
liability or responsibility for the digital assets and digital
accounts. + }
SECTION 10. ORS 130.010 is amended to read:
130.010. For the purposes of this chapter:
(1) 'Ascertainable standard' means an ascertainable standard
relating to an individual's health, education, support or
maintenance within the meaning of section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code, as in effect on January
1, 2006.
(2) 'Beneficiary' means a person that:
(a) Has a present or future beneficial interest in a trust,
whether vested or contingent; or
(b) Holds a power of appointment over trust property in a
capacity other than that of trustee.
(3) 'Charitable trust' means a trust, or portion of a trust,
described in ORS 130.170 (1).
(4) 'Conservator' means a person appointed by a court to
administer the estate of a minor or adult individual.
{ + (5) 'Digital accounts' includes, but is not limited to,
electronic mail, financial, personal and other online accounts.
(6) 'Digital assets' includes, but is not limited to, text,
images, multimedia information or other property stored in a
digital format, whether stored on a server, computer or other
physical device or in an electronic medium, regardless of the
ownership of the physical device or electronic medium in which
the digital asset is stored. 'Digital assets' includes, but is
not limited to, words, characters, codes or contractual rights
necessary to access the digital assets. + }
{ - (5) - } { + (7) + } 'Environmental law' means a
federal, state or local law, rule, regulation or ordinance
relating to protection of the environment.
{ - (6) - } { + (8) + } 'Financial institution' has the
meaning given that term in ORS 706.008.
{ - (7) - } { + (9) + } 'Financially incapable' has the
meaning given that term in ORS 125.005. 'Financially capable'
means not financially incapable.
{ - (8) - } { + (10) + } 'Guardian' means a person
appointed by a court to make decisions regarding the support,
care, education, health and welfare of a minor or adult
individual. 'Guardian' does not include a guardian ad litem.
{ - (9) - } { + (11) + } 'Interests of the beneficiaries'
means the beneficial interests provided in the terms of a trust.
{ - (10) - } { + (12) + } 'Permissible distributee' means a
beneficiary who is currently eligible to receive distributions of
trust income or principal, whether the distribution is mandatory
or discretionary.
{ - (11) - } { + (13) + } 'Person' means an individual,
corporation, business trust, partnership, limited liability
company, association, joint venture, public body as defined in
ORS 174.109 or any other legal or commercial entity.
{ - (12) - } { + (14) + } 'Power of withdrawal' means a
presently exercisable general power of appointment, other than a
power exercisable by a trustee that is limited by an
ascertainable standard or that is exercisable by another person
only upon consent of the trustee or a person holding an adverse
interest.
{ - (13) - } { + (15) + } 'Property' means anything { + ,
including digital assets, + } that may be the subject of
ownership, whether real or personal, legal or equitable, or any
interest therein.
{ - (14) - } { + (16) + } 'Qualified beneficiary' means a
beneficiary who:
(a) Is a permissible distributee on the date the beneficiary's
qualification is determined;
(b) Would be a permissible distributee if the interests of all
permissible distributees described in paragraph (a) of this
subsection terminated on the date the beneficiary's qualification
is determined; or
(c) Would be a permissible distributee if the trust terminated
on the date the beneficiary's qualification is determined.
{ - (15) - } { + (17) + } 'Revocable trust' means a trust
that can be revoked by the settlor without the consent of the
trustee or a person holding an adverse interest.
{ - (16) - } { + (18) + } 'Settlor' means a person,
including a testator, who creates a trust or contributes property
to a trust. If more than one person creates or contributes
property to a trust, each person is a settlor of the portion of
the trust property attributable to that person's contribution and
of the portion as to which that person has the power to revoke or
withdraw.
{ - (17) - } { + (19) + } 'Spendthrift provision' means a
term of a trust that restrains both voluntary and involuntary
transfer of a beneficiary's interest.
{ - (18) - } { + (20) + } 'State' means a state of the
United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands or any territory or insular possession
subject to the jurisdiction of the United States. 'State'
includes an Indian tribe or band recognized by federal law or
formally acknowledged by a state.
{ - (19) - } { + (21) + } 'Terms of a trust' means the
manifestation of the settlor's intent regarding a trust's
provisions as expressed in the trust instrument or as may be
established by other evidence that would be admissible in a
judicial proceeding.
{ - (20) - } { + (22) + } 'Trust instrument' means an
instrument executed by a settlor that contains terms of the
trust, including any amendments to the instrument.
{ - (21) - } { + (23) + } 'Trustee' means an original
trustee, an additional trustee, a successor trustee or a
cotrustee.
SECTION 11. { + Section 12 of this 2013 Act is added to and
made a part of ORS chapter 130. + }
SECTION 12. { + (1) As used in this section, 'custodian' means
a person that electronically stores the digital assets of the
trust or the settlor or that maintains, manages, controls or
operates the digital accounts owned or accessed by the trust or
the settlor or the trust's or the settlor's agents or
representatives.
(2) Within 30 days after receipt of a written request from the
settlor or an order from the court having jurisdiction over the
trust, a custodian shall transfer, deliver or provide to the
settlor:
(a) Access to or possession of digital accounts of the trust or
settlor that are maintained, managed, controlled or operated by
the custodian, including but not limited to the ability to
download and print information contained in the accounts; or
(b) Electronic copies of any digital assets of the trust or
settlor stored by the custodian.
(3) A custodian may not destroy or dispose of a digital asset
or digital account of the trust or settlor for two years after
the custodian receives a request or order under subsection (2) of
this section, except that:
(a) If a custodian has complied with subsection (2)(a) of this
section, the custodian may destroy or dispose of a digital
account nine months after the date of compliance; and
(b) If a custodian has complied with subsection (2)(b) of this
section, the custodian may destroy or dispose of a digital asset
60 days after the date of compliance.
(4) A custodian that transfers, delivers, provides access to or
allows possession of digital assets or digital accounts as
provided in this section is discharged and released from
liability or responsibility for the digital assets and digital
accounts. + }
SECTION 13. ORS 179.610 is amended to read:
179.610. As used in ORS 179.610 to 179.770, unless the context
requires otherwise:
(1) 'Authorized representative' means an individual or entity
appointed under authority of ORS chapter 125, as guardian or
conservator of a person, who has the ability to control the
person's finances, and any other individual or entity holding
funds or receiving benefits or income on behalf of any person.
(2) 'Care' means all services rendered by the state
institutions as described in ORS 179.321 or by the Department of
Corrections, Department of Human Services or Oregon Health
Authority on behalf of those institutions. These services
include, but are not limited to, such items as medical care,
room, board, administrative costs and other costs not otherwise
excluded by law.
(3) 'Decedent's estate' has the meaning given 'estate' in ORS
111.005 { - (15) - } { + (17) + }.
(4) 'Person,' 'person in a state institution' or 'person at a
state institution,' or any similar phrase, means an individual
who is or has been at a state institution described in ORS
179.321.
(5) 'Personal estate' means all income and benefits as well as
all assets, including all personal and real property of a living
person, and includes assets held by the person's authorized
representative and all other assets held by any other individual
or entity holding funds or receiving benefits or income on behalf
of any person.
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