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2015 House Bill 5034: Give fiduciary authority over “digital assets”

Public Act 59 of 2016

Introduced by Rep. Anthony Forlini (R) on October 28, 2015 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.   Official Text and Analysis.
Referred to the House Communications and Technology Committee on October 28, 2015
Reported in the House on November 10, 2015 With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Passed 106 to 0 in the House on December 2, 2015.
    See Who Voted "Yes" and Who Voted "No".
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 on December 3, 2015
Referred to the Senate Judiciary Committee on December 3, 2015
Reported in the Senate on February 10, 2016 With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Amendment offered in the Senate on March 16, 2016 To establish that if enacted the bill will go into effect 90 days afterwards.
The amendment passed by voice vote in the Senate on March 16, 2016
Passed 37 to 0 in the Senate on March 17, 2016.
    See Who Voted "Yes" and Who Voted "No".
(same description)
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 on March 17, 2016
Passed 107 to 0 in the House on March 22, 2016.
    See Who Voted "Yes" and Who Voted "No".
To concur with the Senate-passed version of the bill.
Signed by Gov. Rick Snyder on March 29, 2016

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