Assembly Bill A823

2013-2014 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

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2013-A823 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add §11-1.12, EPT L
Versions Introduced in 2015-2016 Legislative Session:
A4154

2013-A823 (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.

2013-A823 (ACTIVE) - Bill Text download pdf 

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

                                   823

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  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:
  (1) A WRITTEN REQUEST FOR SUCH ACCESS MADE BY THE EXECUTOR OR ADMINIS-
TRATOR, ACCOMPANIED BY A COPY OF THE DEATH CERTIFICATE AND  A  CERTIFIED
COPY OF THE CERTIFICATE OF APPOINTMENT AS EXECUTOR OR ADMINISTRATOR; AND
  (2) AN ORDER OF THE COURT OF PROBATE WITH JURISDICTION OVER THE ESTATE
OF  THE  DECEDENT  DESIGNATING THE EXECUTOR OR ADMINISTRATOR AS AN AGENT
FOR THE DECEASED SUBSCRIBER AS DEFINED IN THE ELECTRONIC  COMMUNICATIONS
PRIVACY  ACT, 18 U.S.C. 2701, ON BEHALF OF HIS OR HER ESTATE, AND ORDER-
ING THAT THE ESTATE SHALL FIRST INDEMNIFY THE SERVICE PROVIDER FROM  ALL
LIABILITY IN COMPLYING WITH SUCH ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01070-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.