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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 108                                                                                                         
01 Adopting and relating to the Revised Uniform Fiduciary Access to Digital Assets Act; and                                
02 relating to a specific electronic communications power that a principal may select for an agent                         
03 under the statutory form power of attorney.                                                                             
04                           _______________                                                                               
05    * Section 1. AS 13.26.645 is amended to read:                                                                        
06            Sec. 13.26.645. Statutory form power of attorney. A person who wishes to                                     
07       designate another as agent by a power of attorney may execute a statutory power of                                
08       attorney set out in substantially the following form:                                                             
09                     GENERAL POWER OF ATTORNEY                                                                           
10 THE POWERS GRANTED FROM THE PRINCIPAL TO THE                                                                            
11 AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE                                                                           
12 VERY BROAD. THEY MAY INCLUDE THE POWER TO                                                                               
13 DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND                                                                       
14 PERSONAL PROPERTY. ACCORDINGLY, THE FOLLOWING                                                                           
01 DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL                                                                              
02 CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT                                                                          
03            THIS DOCUMENT, YOU SHOULD SEEK COMPETENT ADVICE.                                                             
04 YOU MAY REVOKE THIS POWER OF ATTORNEY AT                                                                                
05            ANY TIME.                                                                                                    
06 Pursuant to AS 13.26.600, 13.26.625 - 13.26.640, and                                                                    
07 13.26.655 - 13.26.695, I, (Name of principal), of (Address of principal),                                               
08 do hereby appoint (Name and address of agent or agents), my agent(s)                                                    
09 to act as indicated below in my name, place, and stead in any way                                                       
10 which I myself could do, if I were personally present, with respect to                                                  
11 the following matters, as each of them is defined in AS 13.26.665, to                                                   
12            the full extent that I am permitted by law to act through an agent:                                          
13 MARK THE BOXES BELOW TO INDICATE THE POWERS                                                                             
14 YOU WANT TO GIVE YOUR AGENT OR AGENTS. MARK THE                                                                         
15 BOX FOR "YES" THAT IS OPPOSITE A CATEGORY BELOW TO                                                                      
16 GIVE YOUR AGENT OR AGENTS THE POWER IN THAT                                                                             
17 CATEGORY. IF YOU DO NOT MARK A BOX OPPOSITE A                                                                           
18 CATEGORY, YOUR AGENT OR AGENTS WILL NOT HAVE THE                                                                        
19            POWER IN THAT CATEGORY.                                                                                      
20                  YES                                                                                                    
21  (A) real estate transactions  ( )                                                                                      
22                 (B) transactions involving tangible personal                                                            
23   property, chattels, and goods   ( )                                                                                   
24  (C) bonds, shares, and commodities transactions   ( )                                                                  
25  (D) banking transactions   ( )                                                                                         
26  (E) business operating transactions   ( )                                                                              
27  (F) insurance transactions   ( )                                                                                       
28  (G) estate transactions   ( )                                                                                          
29  (H) retirement plans   ( )                                                                                             
30  (I) claims and litigation   ( )                                                                                        
31  (J) personal relationships and affairs   ( )                                                                           
01                 (K) benefits from government programs                                                                   
02                     and civil or military service       ( )                                                             
03                 (L) records, reports, and statements    ( )                                                             
04                 (M) voter registration and absentee                                                                     
05                    ballot requests                      ( )                                                             
06                 (N) all other matters, including those                                                                  
07   specified as follows:   ( )                                                                                           
08 _________________________________________________________                                                               
09 _________________________________________________________                                                               
10 _________________________________________________________                                                               
11                GRANT OF SPECIFIC AUTHORITY (OPTIONAL)                                                                   
12 The agent or agents you have appointed WILL NOT have the                                                                
13 power to do any of the following acts UNLESS you MARK the box                                                           
14            opposite that category:                                                                                      
15            ( ) create, amend, revoke, or terminate an inter vivos trust;                                                
16 ( ) make a gift, subject to the limitations of AS 13.26.665(q) and any                                                  
17            special instructions in this power of attorney;                                                              
18            ( ) create or change a beneficiary designation;                                                              
19            ( ) revoke a transfer on death deed made under AS 13.48;                                                     
20            ( ) create or change rights of survivorship;                                                                 
21            ( ) delegate authority granted under the power of attorney;                                                  
22 ( ) waive the principal's right to be a beneficiary of a joint and survivor                                             
23            annuity, including a survivor benefit under a retirement plan;                                               
24 ( ) exercise fiduciary powers that the principal has authority to                                                       
25            delegate;                                                                                                  
26 ( )  exercise authority over the content of electronic                                                                
27 communications, as that term is defined in 18 U.S.C. 2510(12), sent                                                   
28            or received by the principal.                                                                              
29 IF YOU HAVE APPOINTED MORE THAN ONE AGENT,                                                                              
30            MARK ONE OF THE FOLLOWING:                                                                                   
31 ( ) Each agent may exercise the powers conferred separately, without                                                    
01            the consent of any other agent.                                                                              
02            ( ) All agents shall exercise the powers conferred jointly, with the                                         
03            consent of all other agents.                                                                                 
04                 TO INDICATE WHEN THIS DOCUMENT SHALL                                                                    
05            BECOME EFFECTIVE, MARK ONE OF THE FOLLOWING:                                                                 
06            ( ) This document shall become effective upon the date of my signature.                                      
07            ( ) This document shall become effective upon the date of my                                                 
08            incapacity and shall not otherwise be affected by my incapacity.                                             
09                 IF YOU HAVE INDICATED THAT THIS DOCUMENT                                                                
10 SHALL BECOME EFFECTIVE ON THE DATE OF YOUR                                                                              
11            SIGNATURE, MARK ONE OF THE FOLLOWING:                                                                        
12            ( ) This document shall not be affected by my subsequent incapacity.                                         
13            ( ) This document shall be revoked by my subsequent incapacity.                                              
14 IF YOU HAVE INDICATED THAT THIS DOCUMENT                                                                                
15 SHALL BECOME EFFECTIVE UPON THE DATE OF YOUR                                                                            
16 SIGNATURE AND WANT TO LIMIT THE TERM OF THIS                                                                            
17            DOCUMENT, COMPLETE THE FOLLOWING:                                                                            
18 This document shall only continue in effect for ________ ( ) years from                                                 
19            the date of my signature.                                                                                    
20 NOTICE OF REVOCATION OF THE POWERS GRANTED                                                                              
21            IN THIS DOCUMENT                                                                                             
22 You may revoke one or more of the powers granted in this document.                                                      
23 Unless otherwise provided in this document, you may revoke a specific                                                   
24 power granted in this power of attorney by completing a special power                                                   
25 of attorney that includes the specific power in this document that you                                                  
26 want to revoke. Unless otherwise provided in this document, you may                                                     
27 revoke all the powers granted in this power of attorney by completing a                                                 
28            subsequent power of attorney.                                                                                
29                 NOTICE TO THIRD PARTIES                                                                                 
30 A third party who relies on the reasonable representations of an agent                                                  
31 as to a matter relating to a power granted by a properly executed                                                       
01 statutory form power of attorney does not incur any liability to the                                                    
02 principal or to the principal's heirs, assigns, or estate as a result of                                                
03 permitting the agent to exercise the authority granted by the power of                                                  
04 attorney. A third party who fails to honor a properly executed statutory                                                
05 form power of attorney may be liable to the principal, the agent, the                                                   
06 principal's heirs, assigns, or estate for a civil penalty, plus damages,                                                
07 costs, and fees associated with the failure to comply with the statutory                                                
08 form power of attorney. If the power of attorney is one which becomes                                                   
09 effective upon the incapacity of the principal, the incapacity of the                                                   
10            principal is established by an affidavit, as required by law.                                                
11                 IN WITNESS WHEREOF, I have hereunto signed my name                                                      
12            this ____ day of _____________, _________.                                                                   
13            _________________________________________________________                                                    
14            Signature of Principal                                                                                       
15            Acknowledged before me at _________________________________                                                  
16            ________________________ on ______________________________.                                                  
17            Signature of Officer or Notary                                                                               
18 If a person other than the principal executes the signature for the                                                     
19 principal, the person may not be a person who is appointed an agent in                                                  
20 the power of attorney, and the following signature line and notary                                                      
21            verification must also be completed:                                                                         
22                 IN WITNESS WHEREOF, I have hereunto signed my name                                                      
23            this ____ day of _____________, _________.                                                                   
24            _________________________________________________________                                                    
25            Signature of person signing at the request of___________________                                             
26                                               Name of Principal                                                         
27            Printed name of person signing______________________________                                                 
28            Form of identification of person signing_______________________                                              
29            Acknowledged before me at _________________________________                                                  
30            ____________________________ on __________________________                                                   
31            _________________________________________________________                                                    
01            Signature of Officer or Notary                                                                               
02    * Sec. 2. AS 13 is amended by adding a new chapter to read:                                                          
03         Chapter 63. Revised Uniform Fiduciary Access to Digital Assets Act.                                             
04 Sec. 13.63.010. User direction for disclosure of digital assets. (a) A user may                                         
05 use an online tool to direct the custodian to disclose to a designated recipient, or not to                             
06 disclose, some or all of the user's digital assets, including the content of electronic                                 
07 communications. If the online tool allows the user to modify or delete a direction at all                               
08 times, a direction regarding disclosure using an online tool overrides a contrary                                       
09       direction by the user in a will, trust, power of attorney, or other record.                                       
10 (b)  If a user has not used an online tool to give direction under (a) of this                                          
11 section or if the custodian has not provided an online tool, the user may allow or                                      
12 prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of                             
13 some or all of the user's digital assets, including the content of electronic                                           
14       communications sent or received by the user.                                                                      
15 (c)  A user's direction under (a) or (b) of this section overrides a contrary                                           
16 provision in a terms-of-service agreement that does not require the user to act                                         
17       affirmatively and distinctly from the user's assent to the terms of service.                                      
18 Sec. 13.63.020. Terms-of-service agreement. (a) This chapter does not                                                   
19 change or impair a right of a custodian or a user under a terms-of-service agreement to                                 
20       access and use digital assets of the user.                                                                        
21 (b)  This chapter does not give a fiduciary or designated recipient any new or                                          
22 expanded rights other than those held by the user for whom, or for whose estate, the                                    
23       fiduciary or designated recipient acts or represents.                                                             
24 (c)  A fiduciary's or designated recipient's access to digital assets may be                                            
25 modified or eliminated by a user, by federal law, or by a terms-of-service agreement if                                 
26       the user has not provided direction under AS 13.63.010.                                                           
27 Sec. 13.63.030. Procedures for disclosing digital assets. (a) When disclosing                                           
28       digital assets of a user under this chapter, the custodian may, in its sole discretion,                           
29 (1)  grant a fiduciary or designated recipient full access to the user's                                                
30       account;                                                                                                          
31 (2)  grant a fiduciary or designated recipient partial access to the user's                                             
01       account sufficient to perform the tasks with which the fiduciary or designated recipient                          
02       is charged; or                                                                                                    
03 (3)  provide a fiduciary or designated recipient a copy in a record of                                                  
04 any digital asset that, on the date the custodian received the request for disclosure, the                              
05 user could have accessed if the user were alive and had full capacity and access to the                                 
06       account.                                                                                                          
07            (b)  A custodian may assess a reasonable administrative charge for the cost of                               
08       disclosing digital assets under this chapter.                                                                     
09            (c)  A custodian is not required to disclose under this chapter a digital asset                              
10       deleted by a user.                                                                                                
11 (d)  If a user directs or a fiduciary requests a custodian to disclose under this                                       
12 chapter some, but not all, of the user's digital assets, the custodian is not required to                               
13 disclose the assets if segregation of the assets would impose an undue burden on the                                    
14 custodian. If the custodian believes the direction or request imposes an undue burden,                                  
15       the custodian or fiduciary may seek an order from the superior court to disclose                                  
16                 (1)  a subset limited by date of the user's digital assets;                                             
17 (2)  all of the user's digital assets to the fiduciary or designated                                                    
18       recipient;                                                                                                        
19                 (3)  none of the user's digital assets; or                                                              
20 (4)  all of the user's digital assets to the superior court for review in                                               
21       camera.                                                                                                           
22 Sec. 13.63.040. Disclosure of content of electronic communications of                                                   
23 deceased user. If a deceased user consented or a superior court directs disclosure of                                   
24 the contents of electronic communications of the user, the custodian shall disclose to                                  
25 the personal representative of the estate of the user the content of an electronic                                      
26 communication sent or received by the user if the personal representative gives the                                     
27       custodian                                                                                                         
28                 (1)  a written request for disclosure in physical or electronic form;                                   
29                 (2)  a certified copy of the death certificate of the user;                                             
30 (3)  a certified copy of the letters testamentary of the personal                                                       
31       representative;                                                                                                   
01                 (4)  unless the user provided direction using an online tool, a copy of                                 
02       the user's will, trust, power of attorney, or other record evidencing the user's consent to                       
03       disclosure of the content of electronic communications; and                                                       
04                 (5)  if requested by the custodian,                                                                     
05                      (A)  a number, username, address, or other unique subscriber or                                    
06            account identifier assigned by the custodian to identify the user's account;                                 
07                      (B)  evidence linking the account to the user; or                                                  
08                      (C)  a finding by the superior court that                                                          
09                           (i)  the user had a specific account with the custodian,                                      
10                 identifiable by the information specified in (A) of this paragraph;                                     
11 (ii)  disclosure of the content of electronic                                                                           
12 communications of the user would not violate 18 U.S.C. 2701 - 2712,                                                     
13                 47 U.S.C. 222, or other applicable law;                                                                 
14 (iii)  unless the user provided direction using an online                                                               
15 tool, the user consented to disclosure of the content of electronic                                                     
16                 communications; or                                                                                      
17 (iv)  disclosure of the content of electronic                                                                           
18 communications of the user is reasonably necessary for administration                                                   
19                 of the estate.                                                                                          
20 Sec. 13.63.050. Disclosure of other digital assets of deceased user. Unless                                             
21 the user prohibited disclosure of digital assets or the superior court directs otherwise, a                             
22 custodian shall disclose to the personal representative of the estate of a deceased user a                              
23 catalog of electronic communications sent or received by the user and digital assets,                                   
24 other than the content of electronic communications, of the user if the representative                                  
25       gives the custodian                                                                                               
26                 (1)  a written request for disclosure in physical or electronic form;                                   
27                 (2)  a certified copy of the death certificate of the user;                                             
28 (3)  a certified copy of the letters testamentary of the personal                                                       
29       representative; and                                                                                               
30                 (4)  if requested by the custodian,                                                                     
31 (A)  a number, username, address, or other unique subscriber or                                                         
01            account identifier assigned by the custodian to identify the user's account;                                 
02                      (B)  evidence linking the account to the user;                                                     
03                      (C)  an affidavit stating that disclosure of the user's digital                                    
04            assets is reasonably necessary for administration of the estate; or                                          
05                      (D)  a finding by the superior court that                                                          
06                           (i)  the user had a specific account with the custodian,                                      
07                 identifiable by the information specified in (A) of this paragraph; or                                  
08                           (ii)  disclosure of the user's digital assets is reasonably                                   
09                 necessary for administration of the estate.                                                             
10 Sec. 13.63.060. Disclosure of content of electronic communications of                                                   
11 principal. To the extent a power of attorney expressly grants an agent authority over                                   
12 the content of electronic communications sent or received by the principal and unless                                   
13 directed otherwise by the principal or the superior court, a custodian shall disclose to                                
14       the agent the content if the agent gives the custodian                                                            
15                 (1)  a written request for disclosure in physical or electronic form;                                   
16 (2)  an original or copy of the power of attorney expressly granting the                                                
17       agent authority over the content of electronic communications of the principal;                                   
18 (3)  a certification by the agent, under penalty of perjury, that the power                                             
19       of attorney is in effect; and                                                                                     
20                 (4)  if requested by the custodian,                                                                     
21 (A)  a number, username, address, or other unique subscriber or                                                         
22 account identifier assigned by the custodian to identify the principal's account;                                       
23            or                                                                                                           
24                      (B)  evidence linking the account to the principal.                                                
25 Sec. 13.63.070. Disclosure of other digital assets of principal. Unless                                                 
26 otherwise ordered by the superior court, directed by the principal, or provided by a                                    
27 power of attorney, a custodian shall disclose to an agent with specific authority over                                  
28 digital assets or general authority to act on behalf of a principal a catalog of electronic                             
29 communications sent or received by the principal and digital assets, other than the                                     
30       content of electronic communications, of the principal if the agent gives the custodian                           
31                 (1)  a written request for disclosure in physical or electronic form;                                   
01                 (2)  an original or a copy of the power of attorney that gives the agent                                
02       specific authority over digital assets or general authority to act on behalf of the                               
03       principal;                                                                                                        
04                 (3)  a certification by the agent, under penalty of perjury, that the power                             
05       of attorney is in effect; and                                                                                     
06                 (4)  if requested by the custodian,                                                                     
07                      (A)  a number, username, address, or other unique subscriber or                                    
08            account identifier assigned by the custodian to identify the principal's account;                            
09            or                                                                                                           
10                      (B)  evidence linking the account to the principal.                                                
11 Sec. 13.63.080. Disclosure of digital assets held in trust when trustee is                                              
12 original user. Unless otherwise ordered by the superior court or provided in a trust, a                                 
13 custodian shall disclose to a trustee that is an original user of an account any digital                                
14 asset of the account held in trust, including a catalog of electronic communications of                                 
15       the trustee and the content of electronic communications.                                                         
16 Sec. 13.63.090. Disclosure of contents of electronic communications held in                                             
17 trust when trustee not original user. Unless otherwise ordered by the superior court,                                   
18 directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is                           
19 not an original user of an account the content of an electronic communication sent or                                   
20 received by an original or successor user and carried, maintained, processed, received,                                 
21       or stored by the custodian in the account of the trust if the trustee gives the custodian                         
22                 (1)  a written request for disclosure in physical or electronic form;                                   
23 (2)  a certified copy of the trust instrument or a certification of the trust                                           
24 under AS 13.36.079 that includes consent to disclosure of the content of electronic                                     
25       communications to the trustee;                                                                                    
26 (3)  a certification by the trustee, under penalty of perjury, that the trust                                           
27       exists and the trustee is a currently acting trustee of the trust; and                                            
28                 (4)  if requested by the custodian,                                                                     
29 (A)  a number, username, address, or other unique subscriber or                                                         
30            account identifier assigned by the custodian to identify the trust's account; or                             
31                      (B)  evidence linking the account to the trust.                                                    
01 Sec. 13.63.100. Disclosure of other digital assets held in trust when trustee                                           
02 not original user. Unless otherwise ordered by the superior court, directed by the                                      
03 user, or provided in a trust, a custodian shall disclose to a trustee that is not an original                           
04 user of an account a catalog of electronic communications sent or received by an                                        
05 original or successor user and stored, carried, or maintained by the custodian in an                                    
06 account of the trust and any digital assets, other than the content of electronic                                       
07 communications, in which the trust has a right or interest if the trustee gives the                                     
08       custodian                                                                                                         
09                 (1)  a written request for disclosure in physical or electronic form;                                   
10 (2)  a certified copy of the trust instrument or a certification of the trust                                           
11       under AS 13.36.079;                                                                                               
12 (3)  a certification by the trustee, under penalty of perjury, that the trust                                           
13       exists and the trustee is a currently acting trustee of the trust; and                                            
14                 (4)  if requested by the custodian,                                                                     
15 (A)  a number, username, address, or other unique subscriber or                                                         
16            account identifier assigned by the custodian to identify the trust's account; or                             
17                      (B)  evidence linking the account to the trust.                                                    
18 Sec. 13.63.110. Disclosure of digital assets to conservator of protected                                                
19 person. (a) After an opportunity for a hearing under AS 13.26.401 - 13.26.595, the                                      
20 superior court may grant a conservator access to the digital assets of a protected                                      
21 person except that, if the conservator is a guardian with the powers and duties of a                                    
22 conservator under AS 13.26.316(c), the superior court may grant the conservator                                         
23 access to the digital assets of a protected person after an opportunity for a hearing                                   
24       under AS 13.26.201 - 13.26.316.                                                                                   
25 (b)  Unless otherwise ordered by the superior court or directed by the user, a                                          
26 custodian shall disclose to a conservator the catalog of electronic communications sent                                 
27 or received by a protected person and any digital assets, other than the content of                                     
28 electronic communications, in which the protected person has a right or interest if the                                 
29       conservator gives the custodian                                                                                   
30                 (1)  a written request for disclosure in physical or electronic form;                                   
31 (2)  a certified copy of the superior court order that gives the                                                        
01       conservator authority over the digital assets of the protected person; and                                        
02                 (3)  if requested by the custodian,                                                                     
03                      (A)  a number, username, address, or other unique subscriber or                                    
04            account identifier assigned by the custodian to identify the account of the                                  
05            protected person; or                                                                                         
06                      (B)  evidence linking the account to the protected person.                                         
07 (c)  A conservator with general authority to manage the assets of a protected                                           
08 person may request a custodian of the digital assets of the protected person to suspend                                 
09 or terminate an account of the protected person for good cause. A request made under                                    
10 this subsection must be accompanied by a certified copy of the superior court order                                     
11       giving the conservator authority over the protected person's property.                                            
12 Sec. 13.63.120. Fiduciary duty and authority. (a) The legal duties imposed                                              
13 on a fiduciary charged with managing tangible property apply to the management of                                       
14       digital assets, including                                                                                         
15                 (1)  the duty of care;                                                                                  
16                 (2)  the duty of loyalty; and                                                                           
17                 (3)  the duty of confidentiality.                                                                       
18 (b)  A fiduciary's or designated recipient's authority with respect to a digital                                        
19       asset of a user                                                                                                   
20 (1)  except as otherwise provided in AS 13.63.010, is subject to the                                                    
21       applicable terms of service;                                                                                      
22                 (2)  is subject to other applicable law, including copyright law;                                       
23 (3)  in the case of a fiduciary, is limited by the scope of the fiduciary's                                             
24       duties; and                                                                                                       
25                 (4)  may not be used to impersonate the user.                                                           
26 (c)  A fiduciary with authority over the property of a decedent, protected                                              
27 person, principal, or settlor has the right to access any digital asset in which the                                    
28 decedent, protected person, principal, or settlor had a right or interest and that is not                               
29       held by a custodian or subject to a terms-of-service agreement.                                                   
30 (d)  A fiduciary acting within the scope of the fiduciary's duties is an                                                
31 authorized user of the property of the decedent, protected person, principal, or settlor                                
01       for the purpose of applicable computer-fraud and unauthorized-computer-access laws,                               
02       including AS 11.46.200, 11.46.484(a)(3), and 11.46.740.                                                           
03            (e)  A fiduciary with authority over the tangible personal property of a                                     
04       decedent, protected person, principal, or settlor                                                                 
05                 (1)  has the right to access the property and any digital asset stored in it;                           
06       and                                                                                                               
07                 (2)  is an authorized user for the purpose of computer-fraud and                                        
08       unauthorized-computer-access laws, including AS 11.46.200, 11.46.484(a)(3), and                                   
09       11.46.740.                                                                                                        
10 (f)  A custodian may disclose information in an account to a fiduciary of the                                           
11 user when the information is required to terminate an account used to access digital                                    
12       assets licensed to the user.                                                                                      
13 (g)  A fiduciary of a user may request a custodian to terminate the user's                                              
14 account. A request for termination must be in writing, in either physical or electronic                                 
15       form, and accompanied by                                                                                          
16 (1)  if the user is deceased, a certified copy of the death certificate of                                              
17       the user;                                                                                                         
18 (2)  a certified copy of the letters testamentary of the personal                                                       
19 representative, the superior court order, the power of attorney, or the trust instrument                                
20       giving the fiduciary authority over the account; and                                                              
21                 (3)  if requested by the custodian,                                                                     
22 (A)  a number, username, address, or other unique subscriber or                                                         
23            account identifier assigned by the custodian to identify the user's account;                                 
24                      (B)  evidence linking the account to the user; or                                                  
25 (C)  a finding by the superior court that the user had a specific                                                       
26 account with the custodian, identifiable by the information specified in (A) of                                         
27            this paragraph.                                                                                              
28 Sec. 13.63.130. Custodian compliance and immunity. (a) Not later than 60                                                
29 days after receipt of the information required under AS 13.63.040 - 13.63.120, a                                        
30 custodian shall comply with a request under this chapter from a fiduciary or                                            
31 designated recipient to disclose digital assets or terminate an account. If the custodian                               
01       fails to comply, the fiduciary or designated recipient may apply to the superior court                            
02       for an order directing compliance.                                                                                
03            (b)  An order under (a) of this section directing compliance must contain a                                  
04       finding that compliance is not in violation of 18 U.S.C. 2702.                                                    
05            (c)  A custodian may notify the user that a request for disclosure or to                                     
06       terminate an account was made under this chapter.                                                                 
07 (d)  A custodian may deny a request under this chapter from a fiduciary or                                              
08 designated recipient for disclosure of digital assets or to terminate an account if the                                 
09 custodian is aware of any lawful access to the account following the receipt of the                                     
10       fiduciary's request.                                                                                              
11 (e)  This chapter does not limit a custodian's ability to obtain or to require a                                        
12 fiduciary or designated recipient requesting disclosure or termination under this                                       
13       chapter to obtain a superior court order that                                                                     
14 (1)  specifies that an account belongs to the protected person or                                                       
15       principal;                                                                                                        
16 (2)  specifies that there is sufficient consent from the protected person                                               
17       or principal to support the requested disclosure; and                                                             
18                 (3)  contains a finding required by law other than this chapter.                                        
19 (f)  A custodian and its officers, employees, and agents are immune from                                                
20       liability for an act or omission done in good faith in compliance with this chapter.                              
21 Sec. 13.63.140. Uniformity of application and construction. In applying and                                             
22 construing this chapter, consideration shall be given to the need to promote uniformity                                 
23       of the law with respect to its subject matter among states that enact it.                                         
24 Sec. 13.63.150. Relation to Electronic Signatures in Global and National                                                
25 Commerce Act. This chapter modifies, limits, or supersedes 15 U.S.C. 7001 - 7031                                        
26 (Electronic Signatures in Global and National Commerce Act), but does not modify,                                       
27 limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the                                   
28       notices described in 15 U.S.C. 7003(b).                                                                           
29 Sec. 13.63.160. Digital assets coverage. In this chapter, a digital asset does                                          
30 not apply to an underlying asset or liability unless the asset or liability is itself an                                
31 electronic record. This chapter does not apply to a digital asset of an employer used by                                
01       an employee in the ordinary course of the employer's business.                                                    
02            Sec. 13.63.170. Application to custodians. This chapter applies to a custodian                               
03       if the user resides in this state or resided in this state at the time of the user's death.                       
04            Sec. 13.63.190. Definitions. In this chapter,                                                                
05                 (1)  "account" means an arrangement under a terms-of-service                                            
06       agreement in which a custodian carries, maintains, processes, receives, or stores a                               
07       digital asset of the user or provides goods or services to the user;                                              
08                 (2)  "agent" means an attorney-in-fact granted authority under a durable                                
09       or nondurable power of attorney;                                                                                  
10 (3)  "carries" means engages in the transmission of an electronic                                                       
11       communication;                                                                                                    
12 (4)  "catalog of electronic communications" means information that                                                      
13 identifies each person with which a user has had an electronic communication, the                                       
14       time and date of the communication, and the electronic address of the person;                                     
15 (5)  "conservator" means a person appointed by a superior court to                                                      
16       manage all or part of the estate of a living individual;                                                          
17 (6)  "content of an electronic communication" means information                                                         
18       concerning the substance or meaning of the communication that                                                     
19                      (A)  has been sent or received by a user;                                                          
20 (B)  is in electronic storage by a custodian providing an                                                               
21 electronic-communication service to the public or is carried or maintained by a                                         
22 custodian providing a remote-computing service to the public; in this                                                   
23            subparagraph,                                                                                                
24 (i)  "electronic-communication service" means the                                                                       
25                 ability to send or receive an electronic communication;                                                 
26 (ii)  "remote-computing service" means computer-                                                                        
27 processing services or the storage of digital assets by means of an                                                     
28 electronic communications system; in this sub-subparagraph,                                                             
29 "electronic communications system" has the meaning given in 18                                                          
30                 U.S.C. 2510; and                                                                                        
31                      (C)  is not readily accessible to the public;                                                      
01                 (7)  "custodian" means a person that carries, maintains, processes,                                     
02       receives, or stores a digital asset of a user;                                                                    
03                 (8)  "designated recipient" means a person chosen by a user using an                                    
04       online tool to administer digital assets of the user;                                                             
05                 (9)  "digital asset" means an electronic record in which an individual                                  
06       has a right or interest, but does not include an underlying asset or liability unless the                         
07       asset or liability is itself an electronic record;                                                                
08                 (10)  "electronic" means relating to technology having electrical,                                      
09       digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;                                   
10 (11)  "electronic communication" has the meaning given in 18 U.S.C.                                                     
11       2510;                                                                                                             
12 (12)  "fiduciary" means an original, additional, or successor personal                                                  
13       representative, conservator, agent, or trustee;                                                                   
14 (13)  "information" means data, text, images, videos, sounds, codes,                                                    
15       computer programs, software, databases, or similar items;                                                         
16 (14)  "online tool" means an electronic service provided by a custodian                                                 
17 that allows the user, in an agreement distinct from the terms-of-service agreement                                      
18 between the custodian and user, to provide directions for disclosure or nondisclosure                                   
19       of digital assets to a third person;                                                                              
20 (15)  "person" means an individual, estate, business or nonprofit entity,                                               
21 public corporation, government or governmental subdivision, agency, or                                                  
22       instrumentality, or another legal entity;                                                                         
23 (16)  "personal representative" means an executor, administrator,                                                       
24 special administrator, or person that performs substantially the same function under                                    
25       law of this state other than this chapter;                                                                        
26 (17)  "power of attorney" means a record that grants an agent authority                                                 
27       to act in the place of a principal;                                                                               
28 (18)  "principal" means an individual who grants authority to an agent                                                  
29       in a power of attorney;                                                                                           
30 (19)  "protected person" means an individual for whom a conservator                                                     
31 has been appointed or an individual for whom an application for the appointment of a                                    
01       conservator is pending;                                                                                           
02                 (20)  "record" means information that is inscribed on a tangible                                        
03       medium or that is stored in an electronic or other medium and is retrievable in                                   
04       perceivable form;                                                                                                 
05                 (21)  "terms-of-service agreement" means an agreement that controls                                     
06       the relationship between a user and a custodian;                                                                  
07                 (22)  "trustee" means a fiduciary, whether the original fiduciary or a                                  
08       successor fiduciary, with legal title to property under an agreement or declaration that                          
09       creates a beneficial interest in another person;                                                                  
10                 (23)  "user" means a person that has an account with a custodian;                                       
11 (24)  "will" includes a codicil, a testamentary instrument that only                                                    
12 appoints an executor, and an instrument that revokes or revises a testamentary                                          
13       instrument.                                                                                                       
14 Sec. 13.63.195. Short title. This chapter may be cited as the Revised Uniform                                           
15       Fiduciary Access to Digital Assets Act.                                                                           
16    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                            
17 read:                                                                                                                   
18       APPLICABILITY. (a) AS 13.63, enacted by sec. 2 of this Act, applies to a                                          
19 (1)  fiduciary acting under a will or power of attorney executed before, on, or                                         
20 after the effective date of this Act;                                                                                   
21 (2)  personal representative acting for a decedent who died before, on, or after                                        
22 the effective date of this Act;                                                                                         
23 (3)  proceeding to appoint a conservator that is commenced before, on, or after                                         
24 the effective date of this Act; and                                                                                     
25 (4)  trustee acting under a trust created before, on, or after the effective date of                                    
26 this Act.                                                                                                               
27 (b)  AS 13.26.645, as amended by sec. 1 of this Act, applies to a power of attorney                                     
28 created under AS 13.26.645 on or after the effective date of this Act.                                                  
29 (c)  In (a) of this section, "conservator," "fiduciary," "personal representative," "power                              
30 of attorney," "trustee," and "will" have the meanings given in AS 13.63.190, enacted by sec. 2                          
31 of this Act.                                                                                                            
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