Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to judiciary |
Jan 26, 2015 |
print number 1565a |
Jan 26, 2015 |
amend and recommit to judiciary |
Jan 13, 2015 |
referred to judiciary |
Senate Bill S1565A
2015-2016 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
Bill Amendments
2015-S1565 - Details
- See Assembly Version of this Bill:
- A9836
- Current Committee:
- Senate Judiciary
- Law Section:
- Estates, Powers and Trusts Law
- Laws Affected:
- Add §11-1.12, EPT L
2015-S1565 - Sponsor Memo
BILL NUMBER:S1565 TITLE OF BILL: 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 PURPOSE: To prevent assets from being lost and allow estates to maintain access to bank accounts and other key financial records on behalf of the survivor or beneficiaries of the estate. SUMMARY OF PROVISIONS: Section 11-1.12 of the estates, powers and trusts law is amended to allow the estate's executor or administrator to take control of, conduct, continue or terminate electronic accounts of the decedent. The law will also allow the executor or administrator access to electronic accounts upon a written request with a copy of a death certificate and certificate of appointment or a court order furnished to any service provider. JUSTIFICATION:
2015-S1565 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1565 2015-2016 Regular Sessions I N S E N A T E January 13, 2015 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed 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. LBD07507-01-5 S. 1565 2
2015-S1565A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9836
- Current Committee:
- Senate Judiciary
- Law Section:
- Estates, Powers and Trusts Law
- Laws Affected:
- Add §11-1.12, EPT L
2015-S1565A (ACTIVE) - Sponsor Memo
BILL NUMBER:S1565A TITLE OF BILL: 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 PURPOSE: To prevent assets from being lost and allow estates to maintain access to bank accounts and other key financial records on behalf of the survivor or beneficiaries of the estate. SUMMARY OF PROVISIONS: Section 11-1.12 of the estates, powers and trusts law is amended to allow the estate's executor or administrator to take control of, conduct, continue or terminate electronic accounts of the decedent. The law will also allow the executor or administrator access to electronic accounts upon a written request with a copy of a death certificate and certificate of appointment or a court order furnished to any service provider. JUSTIFICATION:
2015-S1565A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1565--A 2015-2016 Regular Sessions I N S E N A T E January 13, 2015 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 A WRITTEN REQUEST FOR SUCH ACCESS MADE BY THE EXECUTOR OR ADMINISTRATOR, ACCOMPANIED BY A COPY OF THE DEATH CERTIFICATE AND A CERTIFIED COPY OF THE CERTIFICATE OF APPOINTMENT AS EXECUTOR OR ADMINISTRATOR. (C) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO REQUIRE SUCH SERVICE PROVIDER TO DISCLOSE ANY INFORMATION IN VIOLATION OF ANY APPLICABLE FEDERAL LAW. S 2. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07507-02-5
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.