NY State Senate Bill 2015-S1565A

Senate Bill S1565A

2015-2016 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

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

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Actions

View Actions

	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

Bill Amendments

Original

A (Active)

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 - 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.

2015-S1565 - Sponsor Memo

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

  (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
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect immediately.

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) - 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.

2015-S1565A (ACTIVE) - Sponsor Memo

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

S. 1565--A                          2

judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect immediately.

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