Nevada 2017 Regular Session Status: Enacted

AB 239 — Enacts the Revised Uniform Fiduciary Access to Digital Assets Act. (BDR 59-687)

Last action — Approved by the Governor. Chapter 38.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

502 added · 547 removed

502 line(s) added, 547 removed.

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A.B.
Assembly Bill No.
239 A SSEMBLY B ILLN O.
239–Committee on Judiciary CHAPTER..........
239–COMMITTEE ON JUDICIARY FEBRUARY 24, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Enacts the Revised Uniform Fiduciary Access to Digital Assets Act.
(BDR 59-687) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
This bill enacts the Revised Fiduciary Access to Digital Assets Act promulgated by the Uniform Law Commission in 2015.
promulgated by the Uniform Law Commission in 2015.
and (2) custodians of digital assets and electronic of a person holding an account with the custodian.fiduciary or designated recipient Section 31 of this bill sets forth the applicability of this bill.
and (2) custodians of digital assets and electronic communications the legal authority to deal with a fiduciary or designated recipient of a person holding an account with the custodian.
Section 31 of this bill sets forth the applicability of this bill.
Under section 32, if the custodian allows an account holder to use an has used the online tool to give directions for the disclosure or nondisclosure of a digital asset, the directions expressed using the online tool prevail over any other direction.
Under section 32, if the custodian allows an account holder to use an online tool to provide directions for handling digital assets and the account holder has used the online tool to give directions for the disclosure or nondisclosure of a digital asset, the directions expressed using the online tool prevail over any other direction.
If the custodian does not provide such an online tool or the account holder does not use the online tool to give directions concerning his or her digital assets, any directions given in the account holder’s will, trust, power of attorney or - *AB239* – 2 – other record must be followed.
If the custodian does not provide such an online tool or the account assets, any directions given in the account holder’s will, trust, power of attorney or other record must be followed.
respond to a request from a fiduciary or designated recipient for access to theto digital assets of a person holding an account with the custodian.
Section 34 of this bill governs the manner in which a custodian is required to respond to a request from a fiduciary or designated recipient for access to the a custodian is authorized to select one of the following methods for granting access to the account:
Under section 34, a custodian is authorized to select one of the following methods for granting access to the account:
or (3) provide the fiduciary or designated recipient a copy of any electronic record that the account holder could have accessed.
or (3) provide the fiduciary or designated recipient a copy of any electronic record that the account holder could - 79th Session (2017) – 2 – have accessed.
(1) is not required to burden on the custodian;
(1) is not required to disclose digital assets if segregation of the digital assets would impose an undue burden on the custodian;
Finally, section 34 authorizes a custodian to charge a reasonable administrative fee for disclosing digital assets.
Finally, section digital assets.
Sections 35-42 of this bill establish the right of a fiduciary of an account holder to obtain disclosure of the content of an electronic communication or other digital asset of the account holder.
custodian to charge a reasonable administrative fee for disclosing Sections 35-42 of this bill establish the right of a fiduciary of an account holder to obtain disclosure of the content of an electronic communication or other digital asset of the account holder.
(1) is representative of a deceased account holder or an agent under a power of attorney only if the personal representative or agent provides certain documentation to the custodian and the account holder has consented to the disclosure or a court has directed the disclosure;
(1) is required to disclose the content of an electronic communication to a personal representative of a deceased account holder or an agent under a power of attorney only if the personal representative or agent provides certain documentation to the custodian and the account holder has consented to the disclosure or a court has directed the disclosure;
Sections 39-41 generally require a custodian to disclose the content of an electronic communication or any other digital asset to a trustee who requests such disclosure unless otherwise provided in a court order, direction from the account holder or guardian access to the digital assets of a ward after notice and an opportunity for a hearing;
Sections 39-41 generally require a custodian to disclose the content of an electronic communication or any other digital asset to a trustee who requests such disclosure unless otherwise provided in a court order, direction from the account holder or trust instrument.
and (2) a custodian is required to disclose such digital assets to a guardian unless otherwise provided in a court order or direction from the account holder.
Under section 42 of this bill:
Section 43 of this bill sets forth the extent of the authority of a fiduciary for an account holder over the digital assets of the account holder.
(1) a court is authorized to grant a guardian access to the digital assets of a ward after notice and an opportunity for a hearing;
Under section 43, a fiduciary who manages digital assets is subject to the same fiduciary duties that apply to the fiduciary’s management of tangible personal property, including, without limitation, the duty of care, the duty of loyalty and the duty of digital asset:
and (2) a custodian is required to disclose such digital assets to a guardian unleSection 43 of this bill sets forth the extent of the authority of a fiduciary for an account holder over the digital assets of the account holder.
(1) is subject to the terms-of-service agreement unless that agreementr a is overridden by certain actions;
Under section 43, a fiduciary who manages digital assets is subject to the same fiduciary duties that apply to the fiduciary’s management of tangible personal property, including, without limitation, the duty of care, the duty of loyalty and the duty of confidentiality.
In addition, section 43 specifies that the fiduciary’s authority over a digital asset:
(1) is subject to the terms-of-service agreement unless that agreement is overridden by certain actions;
Section 43 further specifies that the fiduciary is an authorized user for the purposes of certain laws prohibiting computer fraud and unauthorized access - *AB239* – 3 – to a computer.
Section 43 further specifies that the fiduciary is an authorized user for the purposes of certain laws prohibiting computer fraud and unauthorized access to a computer.
(1) requires a custodian to comply with the request of a request;
(1) requires a custodian to comply with the request of a fiduciary for disclosure of digital assets within 60 days after receipt of a complete request;
and (2) authorizes a fiduciary to apply to a court for an order directingete compliance if the custodian fails to comply with the request.
and (2) authorizes a fiduciary to apply to a court for an order directing authorizes a custodian to:
Section 44 further authorizes a custodian to:
and (2) deny a request for disclosure of digital assets or for termination of an account if the custodian is aware of lawful custodian and its officers, employees and agents are immune from liability for anyhat a act or omission done in good faith and in compliance with this bill.
and (2) deny a request for disclosure of digital assets or for termination of an account if the custodian is aware of lawful access to the account after receipt of the request.
Section 47 of this bill repeals a provision of existing law which authorizes the personal representative of a deceased person to direct the termination of any account of the deceased person on any Internet website providing social be granted under the provisions of this bill.services because such authority would THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Finally, section 44 provides that a custodian and its officers, employees and agents are immune from liability for any act or omission done in good faith and in compliance with this bill.
Section 47 of this bill repeals a provision of existing law which authorizes the personal representative of a deceased person to direct the termination of any account of the deceased person on any Internet website providing social networking, electronic mail or certain other services because such authority would be granted under the provisions of this bill.
- 79th Session (2017) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- *AB239* – 4 – 2.
electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public;
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Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public;
The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
The term does not include - 79th Session (2017) – 4 – an underlying asset or liability unless the asset or liability is itself an electronic record.
“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or simSec.
Sec.
14.abi“Electronic communication” has the meaning set forth in 18 U.S.C.
14.
“Electronic communication” has the meaning set forth in 18 U.S.C.
“Personal representative” means an executor, administrator, special administrator or person that performs substantially the same function under law of this State other than this chapter.
“Personal representative” means an executor, administrator, special administrator or person that performs this chapter.
Sec.
the same function under law of this State other than Sec.
- *AB239* – 5 – Sec.
Sec.
Sec.
- 79th Session (2017) – 5 – Sec.
Sec.
custodian..
28.
“User” means a person that has an account with a Sec.
“User” means a person that has an account with a custodian.
Sec.
A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications.
A user may use an online tool to direct the some or all of the user’s digital assets, including the content of electronic communications.
- *AB239* – 6 – 2.
2.
A user’s direction under subsection 1 or 2 overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
A user’s direction under subsection 1 or 2 overrides a contrary provision in a terms-of-service agreement that does not - 79th Session (2017) – 6 – require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to acc2.s aThis chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
2.
This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
4.
disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian.
If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian.
- *AB239* – 7 – (b) All of the user’s digital assets to the fiduciary or designated recipient;
(b) All of the user’s digital assets to the fiduciary or designated recipient;
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the - 79th Session (2017) – 7 – user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
1.
form;
A written request for disclosure in physical or electronic form;
A written request for disclosure in physical or electronic 2.
2.
or (4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
or (4) Disclosure of the content of electronic communications estate.user is reasonably necessary for administration of the Sec.
Sec.
- *AB239* – 8 – 1.
1.
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
- 79th Session (2017) – 8 – (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate;
assets is reasonably necessary for administration of the estate;
Sec.
the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
38.
Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
- *AB239* – 9 – 2.
2.
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account;
- 79th Session (2017) – 9 – (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account;
a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
39.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Sec.
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account;
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the tru(b) Evidence linking the account to the trust.
or (b) Evidence linking the account to the trust.
- *AB239* – 10 – 1.
1.
3.
- 79th Session (2017) – 10 – 3.
(a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account;
or account identifier assigned by the custodian to identify the trust’s account;
A guardian with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause.
A guardian with general authority to manage the assets of a ward may request a custodian of the digital assets of the ward to request made under this section must be accompanied by ase.
A request made under this section must be accompanied by a certified copy of the court order giving the guardian authority over the ward’s property.
A certified copy of the court order giving the guardian authority over the ward’s property.
- *AB239* – 11 – (a) Except as otherwise provided in section 32 of this act, is subject to the applicable terms of service;
(a) Except as otherwise provided in section 32 of this act, is subject to the applicable terms of service;
(c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties;
- 79th Session (2017) – 11 – (c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties;
A fiduciary with authority over the property of a decedent, ward, principal or settlor has the right to access any digital asset in which the decedent, ward, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms- of-service agreement.
A fiduciary with authority over the property of a decedent, in which the decedent, ward, principal or settlor had a right orsset interest and that is not held by a custodian or subject to a terms- of-service agreement.
(b) A certified copy of the court order appointing the representative, court order, power of attorney or trust giving the fiduciary authority over the account;
(b) A certified copy of the court order appointing the representative, court order, power of attorney or trust giving the fid(c) If requested by the custodian:
and (c) If requested by the custodian:
and (1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(1) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
If the custodian fails to comply, the - *AB239* – 12 – fiduciary or designated recipient may apply to the court for an order directing compliance.
If the custodian fails to comply, the - 79th Session (2017) – 12 – fiduciary or designated recipient may apply to the court for an order directing compliance.
A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or access to the account following the receipt of the fiduciary’sl request.
This chapter modifies, limits or supersedes the U.S.C.
This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C.
TEXT OF REPEALED SECTION 143.188 Power to direct termination of certain electronic or digital accounts or assets.
17 ~~~~~ - 79th Session (2017)
1.
Except as otherwise provided in subsection 2, subject to such restrictions as may be prescribed in the will of a decedent or by an order of a court of competent jurisdiction, a personal - *AB239* – 13 – representative has the power to direct the termination of any account of the decedent, including, without limitation:
(a) An account on any:
(1) Social networking Internet website;
(3) Microblog service Internet website;
(4) Short message service Internet website;
or (5) Electronic mail service Internet website;
or (b) Any similar electronic or digital asset of the decedent.
2.
The provisions of subsection 1 do not authorize a personal representative to direct the termination of any financial account of the decedent, including, without limitation, a bank account or inv3.tmeThe act by a personal representative to direct the termination of any account or asset of a decedent pursuant to subsection 1 does not invalidate or abrogate any conditions, terms of service or contractual obligations the holder of such an account or asset has with the provider or administrator of the account, asset or Internet website.
H - *AB239*
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Action History

  1. Approved by the Governor. Chapter 38.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Judiciary. To committee.

  8. In Senate.

  9. Read third time. Passed. Title approved. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  10. Read second time.

  11. From committee: Do pass.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

  • Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance civil-rights technology
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Frequently asked questions

Who sponsors AB 239?
AB 239 is sponsored by Judiciary.
What is the current status of AB 239?
This bill has been enacted into law. Introduced February 24, 2017. Enacted.
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