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HI SB2298

Bill

Status

Passed

6/30/2016

Primary Sponsor

Gil Keith-agaran

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Origin

Senate

2016 Regular Session

AI Summary

  • Adopts the Revised Uniform Fiduciary Access to Digital Assets Act (2016) to establish procedures for managing and accessing digital assets of deceased persons, incapacitated individuals, and principals under powers of attorney.

  • Allows users to direct custodians through online tools to disclose or prohibit disclosure of digital assets and electronic communications to designated recipients, with such directions overriding contrary provisions in wills, trusts, or powers of attorney.

  • Grants fiduciaries (personal representatives, conservators, agents, and trustees) authority to access and manage digital assets according to their fiduciary duties and the scope of their authority, subject to terms-of-service agreements and applicable law.

  • Requires custodians to disclose digital assets and electronic communications within 60 days of receiving proper documentation from fiduciaries, including death certificates, letters of appointment, powers of attorney, or court orders as applicable.

  • Provides custodians immunity from liability for good faith compliance with the Act and limits their obligations when disclosure would violate federal law or create undue burden, with provisions for court orders to resolve disputes.

Legislative Description

Uniform Acts; Uniform Fiduciary Access to Digital Assets Act; Digital Assets

Last Action

Act 162, 06/29/2016 (Gov. Msg. No. 1264).

6/30/2016

Committee Referrals

Finance3/24/2016
Judiciary3/18/2016
Consumer Protection & Commerce3/8/2016
Judiciary and Labor2/11/2016
Commerce, Consumer Protection, and Health1/25/2016

Full Bill Text

No bill text available