2015 House Bill 5034 / 2016 Public Act 59

Give fiduciary authority over “digital assets”

Introduced in the House

Oct. 28, 2015

Introduced by Rep. Anthony Forlini (R-24)

To create a new law giving access and authority over the “digital assets” and accounts of a vulnerable individual or an estate to the fiduciary, trustee, conservator, or executor who is responsible the individual's or estate's property. A digital asset would be defined as an “electronic record in which a user has a right or interest.” This could include an online username, password or terms-of-service agreement rights. This would provide a way for an individual's heirs or court-appointed trustee to gain access to and possession of his or her digital property after death.

Referred to the Committee on Communications and Technology

Nov. 10, 2015

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 2, 2015

Passed in the House 106 to 0 (details)

To create a new law giving fiduciaries authorized by other state laws to oversee or manage the property of an estate or a vulnerable individual access and authority over the person’s “digital assets” and accounts, defined as “electronic record in which a user has a right or interest.” See also House Bill 4072, which amends an existing state law to do the same thing, which also clarifies rights to an online username, word, character, code, or contract right under a terms-of-service agreement. The bill would also provide a way for an individual's heirs to gain access to and possession of his or her digital property after death.

Received in the Senate

Dec. 3, 2015

Referred to the Committee on Judiciary

Feb. 10, 2016

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

March 16, 2016

Amendment offered

To establish that if enacted the bill will go into effect 90 days afterwards.

The amendment passed by voice vote

March 17, 2016

Passed in the Senate 37 to 0 (details)

To create a new law giving access and authority over the “digital assets” and accounts of a vulnerable individual or an estate to the fiduciary, trustee, conservator, or executor who is responsible the individual's or estate's property. A digital asset would be defined as an “electronic record in which a user has a right or interest.” This could include an online username, password or terms-of-service agreement rights. This would provide a way for an individual's heirs or court-appointed trustee to gain access to and possession of his or her digital property after death.

Received in the House

March 17, 2016

March 22, 2016

Passed in the House 107 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Rick Snyder

March 29, 2016