RDCSB461 2991 4103
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Peacock SB No. 461
Present law provides that a succession representative is a fiduciary with respect to the
succession, and shall have the duty of collecting, preserving, and managing the property of
the succession in accordance with law. He shall act at all times as a prudent administrator,
and shall be personally responsible for all damages resulting from his failure so to act.
Present law provides that a nonresident succession representative may execute a power of
attorney appointing a resident of the state to represent him in all acts of his administration.
A resident succession representative who will be absent from the state temporarily similarly
may appoint an agent to act for him during his absence. In either case, the power of attorney
appointing the agent shall be filed in the record of the succession proceeding.
Proposed law provides that subject to any restrictions provided in a valid testament of a
decedent or an order of a court of competent jurisdiction, a succession representative shall
have the power and authority to take control of, handle, conduct, continue, distribute, or
terminate any digital account of the decedent.
Proposed law provides that, except as provided in proposed law, any person that
electronically stores, maintains, manages, controls, operates or administers the digital
accounts of a decedent shall transfer, deliver, or provide a succession representative access
or possession of any digital account of a decedent within 30 days after receipt of letters
testamentary, letters of administration, or letters of independent administration evidencing
the appointment of the succession representative.
Proposed law provides that provisions of the Louisiana Banking Law (R.S. 6:325 or R.S.
6:767) will control how federally insured financial institutions provide Internet or other
electronic access to an authorized succession representative for the administration of a
decedent's estate.
Proposed law provides that it supersedes any contrary provision in the terms and conditions
of any service agreement and a succession representative shall be considered an authorized
user with lawful consent of the decedent for purposes of accessing or possessing the
decedent's digital accounts.
Provides that for purposes of proposed law, the term "digital account" includes any account
of the decedent on any social networking Internet website, web log Internet website,
microblog service Internet website, short message service Internet website, electronic mail
service Internet website, financial account Internet website, or any similar electronic services
or records, together with any words, characters, codes, or contractual rights necessary to
access such digital assets and any text, images, multimedia information, or other personal
property stored by or through such digital account.
Provides that the authority provided in proposed law shall be specifically subject to
copyright law and shall not increase the scope of the license granted in the terms of service
of any digital account. Proposed law further provides that the agent, representative or
fiduciary shall be personally responsible for any infringement of third party copyrights that
occurs in the transfer or distribution of any digital account or its contents.
Effective August 1, 2014.
(Amends C.C.P. Art. 3191) RDCSB461 2991 4103
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
engrossed bill
1. Provides that subject to any restrictions provided in a valid testament of a
decedent or a contrary order of a court of competent jurisdiction, a
succession representative shall have the power and authority to take control
of, handle, conduct, continue, distribute, or terminate any digital account of
the decedent.
2. Provides that the authority provided in proposed law shall be specifically
subject to copyright law and shall not increase the scope of the license
granted in the terms of service of any digital account. Also provides that the
agent, representative or fiduciary shall be personally responsible for any
infringement of third party copyrights that occurs in the transfer or
distribution of any digital account or its contents.
Senate Floor Amendments to engrossed bill
1. Changes the information evidencing the appointment of the succession
representative relative to the transfer, delivery, or access to digital accounts
of the decedent.
2. Requires how federally insured financial institutions provide Internet or other
electronic access to a succession representative.
3. Makes technical changes.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the reengrossed bill.
1. Changed "contrary order of the court" to "order of the court" for the purposes of
authorizing a succession representative to take control of a digital account of the
decedent, unless the decedent has provided restrictions in a valid testament or
upon order of a court of competent jurisdiction.
2. Made technical changes.