Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1748 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 343 FILED ON: 1/12/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1748
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to access to a decedent's electronic mail accounts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/12/2023Lindsay N. Sabadosa1st Hampshire2/14/2023John Barrett, III1st Berkshire2/14/2023Jay D. Livingstone8th Suffolk2/15/2023James J. O'Day14th Worcester2/22/2023 1 of 19
16	16	HOUSE DOCKET, NO. 343 FILED ON: 1/12/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1748
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1748) of Jeffrey
19	19	N. Roy and others relative to access to a decedent's electronic mail accounts. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to access to a decedent's electronic mail accounts.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 201F the
29	29	2following chapter:-
30	30	3 CHAPTER 201G. MASSACHUSETTS REVISED UNIFORM FIDUCIARY ACCESS
31	31	4TO DIGITAL ASSETS ACT.
32	32	5 Section 1. Short title
33	33	6 This chapter may be cited as the Massachusetts Revised Uniform Fiduciary Access to
34	34	7Digital Assets Act.
35	35	8 Section 2. Definitions
36	36	9 In this chapter: 2 of 19
37	37	10 (1) “Account” means an arrangement under a terms-of-service agreement in which a
38	38	11custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides
39	39	12goods or services to the user.
40	40	13 (2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable
41	41	14power of attorney.
42	42	15 (3) “Carries” means engages in the transmission of an electronic communication.
43	43	16 (4) “Catalogue of electronic communications” means information that identifies each
44	44	17person with which a user has had an electronic communication, the time and date of the
45	45	18communication, and the electronic address of the person.
46	46	19 (5) “Conservator” means a person appointed by a court to manage the estate of a
47	47	20protected person and includes a limited conservator, temporary conservator, special conservator,
48	48	21and those individuals specifically authorized under section 5-408 of chapter 190B.
49	49	22 (6) “Content of an electronic communication” means information concerning the
50	50	23substance or meaning of the communication which:
51	51	24 (A) has been sent or received by a user;
52	52	25 (B) is in electronic storage by a custodian providing an electronic communication service
53	53	26to the public or is carried or maintained by a custodian providing a remote computing service to
54	54	27the public; and
55	55	28 (C) is not readily accessible to the public. 3 of 19
56	56	29 (7) “Court” means the probate and family court department of the trial court and any
57	57	30other Massachusetts court having appellate jurisdiction over any ruling by the probate and family
58	58	31court.
59	59	32 (8) “Custodian” means a person that carries, maintains, processes, receives, or stores a
60	60	33digital asset of a user.
61	61	34 (9) “Designated recipient” means a person chosen by a user using an online tool to
62	62	35administer digital assets of the user.
63	63	36 (10) “Digital asset” means an electronic record in which an individual has a right or
64	64	37interest. The term does not include an underlying asset or liability unless the asset or liability is
65	65	38itself an electronic record.
66	66	39 (11) “Electronic” means relating to technology having electrical, digital, magnetic,
67	67	40wireless, optical, electromagnetic, or similar capabilities.
68	68	41 (12) “Electronic communication” has the meaning set forth in 18 U.S.C. Section
69	69	422510(12), as amended.
70	70	43 (13) “Electronic communication service” means a custodian that provides to a user the
71	71	44ability to send or receive an electronic communication.
72	72	45 (14) “Fiduciary” means an original, additional, or successor personal representative,
73	73	46conservator, agent or trustee.
74	74	47 (15) “Information” means data, text, images, videos, sounds, codes, computer programs,
75	75	48software, databases, or the like. 4 of 19
76	76	49 (16) “Online tool” means an electronic service provided by a custodian that allows the
77	77	50user, in an agreement distinct from the terms-of-service agreement between the custodian and
78	78	51user, to provide directions for disclosure or nondisclosure of digital assets to a third person.
79	79	52 (17) “Person” means an individual, estate, business or nonprofit entity, public
80	80	53corporation, government or governmental subdivision, agency, or instrumentality, or other legal
81	81	54entity.
82	82	55 (18) “Personal representative” means an executor, administrator, special administrator, or
83	83	56person that performs substantially the same function under law of this commonwealth other than
84	84	57this chapter.
85	85	58 (19) “Power of attorney” means a record that grants an agent authority to act in the place
86	86	59of a principal.
87	87	60 (20) “Principal” means an individual who grants authority to an agent in a power of
88	88	61attorney.
89	89	62 (21) “Protected person” means an individual for whom a conservator has been appointed.
90	90	63The term includes an individual for whom a petition for the appointment of a conservator is
91	91	64pending.
92	92	65 (22) “Record” means information that is inscribed on a tangible medium or that is stored
93	93	66in an electronic or other medium and is retrievable in perceivable form.
94	94	67 (23) “Remote computing service” means a custodian that provides to a user computer-
95	95	68processing services or the storage of digital assets by means of an electronic communications
96	96	69system, as defined in 18 U.S.C. Section 2510(14), as amended. 5 of 19
97	97	70 (24) “Terms of service agreement” means an agreement that controls the relationship
98	98	71between a user and a custodian.
99	99	72 (25) “Trustee” means a fiduciary with legal title to property under an agreement or
100	100	73declaration that creates a beneficial interest in another. The term includes an original, additional,
101	101	74or successor trustee, whether or not appointed or confirmed by the court.
102	102	75 (26) “User” means a person that has an account with a custodian.
103	103	76 (27) “Will” includes a codicil, testamentary instrument that only appoints a personal
104	104	77representative, and an instrument that revokes or revises a testamentary instrument.
105	105	78 Section 3. Applicability
106	106	79 (a) This chapter applies to:
107	107	80 (1) a fiduciary acting under a will or power of attorney executed before, on, or after the
108	108	81effective date of this chapter;
109	109	82 (2) a personal representative acting for a decedent who died before, on, or after the
110	110	83effective date of this chapter;
111	111	84 (3) a conservatorship proceeding commenced before, on, or after the effective date of this
112	112	85chapter; and
113	113	86 (4) a trustee acting under a trust created before, on, or after the effective date of this
114	114	87chapter.
115	115	88 (b) This chapter applies to a custodian if the user resides in this commonwealth or resided
116	116	89in this commonwealth at the time of the user’s death. 6 of 19
117	117	90 (c) This chapter does not apply to a digital asset of an employer used by an employee in
118	118	91the ordinary course of the employer’s business.
119	119	92 Section 4. Direction for disclosure of digital assets.
120	120	93 (a) A user may use an online tool to direct the custodian to disclose or not to disclose
121	121	94some or all of the user’s digital assets, including the content of electronic communications. If the
122	122	95online tool allows the user to modify or delete a direction at all times, a direction regarding
123	123	96disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of
124	124	97attorney or other record made prior to the date of the direction made by the user using an online
125	125	98tool.
126	126	99 (b) The user may allow or prohibit in a will, trust, power of attorney, or other record,
127	127	100disclosure to a fiduciary of some or all of the user’s digital assets, including the content of
128	128	101electronic communications sent or received by the user, and the provisions of such will or other
129	129	102record shall override a contrary direction by the user using an online tool that was made prior to
130	130	103the date of such will or other record.
131	131	104 (c) A user’s direction under subsection (a) or (b) overrides (i) a contrary provision in a
132	132	105terms-of-service agreement that does not require the user to act affirmatively and distinctly from
133	133	106the user’s assent to the terms of service and (ii) a contrary prior direction from the user under
134	134	107subsection (a) or (b).
135	135	108 (d) If the online tool has not been utilized by the user or if the custodian has not provided
136	136	109an online tool and, in either case, if no direction regarding some or all of the digital assets is
137	137	110provided to the fiduciary in a will or other record, the fiduciary may petition a court for access to 7 of 19
138	138	111some or all of the user’s digital assets. The court shall grant such access unless it finds that the
139	139	112fiduciary is not acting in good faith or that such access is prohibited by applicable federal law.
140	140	113 Section 5. Terms-of-service agreement
141	141	114 (a) Except as otherwise provided in Section 4, this chapter does not change or impair a
142	142	115right of a custodian or a user under a terms-of-service agreement to access and use digital assets
143	143	116of the user.
144	144	117 (b) Except as otherwise provided in Section 4, this chapter does not give a fiduciary any
145	145	118new or expanded rights other than those held by the user for whom, or for whose estate, the
146	146	119fiduciary acts or represents.
147	147	120 (c) A fiduciary’s access to digital assets may be modified or eliminated by a user, by
148	148	121federal law, or, subject to Section 4, by a terms-of-service agreement if the user has not provided
149	149	122a direction under Section 4(a) or Section 4(b) or the fiduciary has not obtained a court order
150	150	123issued under Section 4(d).
151	151	124 Section 6. Procedure for disclosing digital assets
152	152	125 (a) When disclosing digital assets of a user under this chapter, the custodian shall, in
153	153	126accordance with the direction provided under Section 4(a) or Section 4(b) or a court order issued
154	154	127under Section 4(d):
155	155	128 (1) if requested by the fiduciary or designated recipient, grant a fiduciary or designated
156	156	129recipient full access to the user’s account; 8 of 19
157	157	130 (2) subject to Section 6(d), grant a fiduciary or designated recipient partial access to the
158	158	131user’s account to the extent that such partial access is requested by a fiduciary or designated
159	159	132recipient; or
160	160	133 (3) at the option of the custodian, provide a fiduciary or designated recipient a copy in a
161	161	134record of any digital asset that, on the date the custodian received the request for disclosure, the
162	162	135user could have accessed if the user were alive and had full capacity and access to the account.
163	163	136 (b) A custodian may assess a reasonable administrative charge for the cost of disclosing
164	164	137digital assets under this chapter.
165	165	138 (c) A custodian need not disclose under this chapter a digital asset deleted by a user.
166	166	139 (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter
167	167	140some, but not all, of the user’s digital assets, the custodian need not disclose the assets if
168	168	141segregation of the assets would impose an undue burden on the custodian. If the custodian
169	169	142believes the direction or request imposes an undue burden, the custodian or fiduciary may seek
170	170	143an order from the court to disclose:
171	171	144 (1) a subset limited by date of the user’s digital assets;
172	172	145 (2) all of the user’s digital assets to the fiduciary or designated recipient;
173	173	146 (3) none of the user’s digital assets; or
174	174	147 (4) all of the user’s digital assets to the court for review in camera.
175	175	148 Section 7. Disclosure of content of electronic communications of deceased user 9 of 19
176	176	149 If a deceased user consented or a court directs disclosure of the contents of electronic
177	177	150communications of the user, the custodian shall disclose to the personal representative of the
178	178	151estate of the user the content of an electronic communication sent or received by the user if the
179	179	152personal representative gives the custodian:
180	180	153 (1) a written request for disclosure in physical or electronic form;
181	181	154 (2) a certified copy of the death certificate of the user;
182	182	155 (3) an attested copy of the letter of appointment of the personal representative or a small
183	183	156estate affidavit or court order;
184	184	157 (4) unless the deceased user provided direction using an online tool, (i) a copy of the
185	185	158user’s will, trust or other record evidencing the user’s consent to disclosure of the content of
186	186	159electronic communications, (ii) a court order acknowledging that the user consented to the
187	187	160disclosure of the content of electronic communications to the personal representative under the
188	188	161user’s will, trust or other record or (iii) a court order issued under Section 4(d); and
189	189	162 (5) if requested by the custodian:
190	190	163 (A) a number, username, address, or other unique subscriber or account identifier
191	191	164assigned by the custodian to identify the user’s account;
192	192	165 (B) evidence linking the account to the user; or
193	193	166 (C) a finding by the court that the deceased user had a specific account with the
194	194	167custodian, identifiable by the information specified in subparagraph (A).
195	195	168 Section 8. Disclosure of other digital assets of deceased user 10 of 19
196	196	169 Unless the deceased user prohibited disclosure of digital assets or the court directs
197	197	170otherwise, a custodian shall disclose to the personal representative of the estate of a deceased
198	198	171user a catalogue of electronic communications sent or received by the user and digital assets,
199	199	172other than the content of electronic communications, of the user, if the representative gives the
200	200	173custodian:
201	201	174 (1) a written request for disclosure in physical or electronic form;
202	202	175 (2) a certified copy of the death certificate of the user;
203	203	176 (3) an attested copy of the letter of appointment of the representative or a small estate
204	204	177affidavit or court order; and
205	205	178 (4) if requested by the custodian:
206	206	179 (A) a number, username, address, or other unique subscriber or account identifier
207	207	180assigned by the custodian to identify the user’s account;
208	208	181 (B) evidence linking the account to the user;
209	209	182 (C) an affidavit stating that disclosure of the user’s digital assets is reasonably necessary
210	210	183for administration of the estate; or
211	211	184 (D) a finding by the court that:
212	212	185 (i) the user had a specific account with the custodian, identifiable by the
213	213	186information specified in subparagraph (A); or
214	214	187 (ii) disclosure of the user’s digital assets is reasonably necessary for
215	215	188administration of the estate. 11 of 19
216	216	189 Section 9. Disclosure of content of electronic communications of principal
217	217	190 To the extent a power of attorney expressly grants an agent authority over the content of
218	218	191electronic communications sent or received by the principal and unless directed otherwise by the
219	219	192principal or the court, a custodian shall disclose to the agent the content if the agent gives the
220	220	193custodian:
221	221	194 (1) a written request for disclosure in physical or electronic form;
222	222	195 (2) an original or copy of the power of attorney expressly granting the agent authority
223	223	196over the content of electronic communications of the principal;
224	224	197 (3) a certification by the agent, under penalty of perjury, that the power of attorney is in
225	225	198effect; and
226	226	199 (4) if requested by the custodian:
227	227	200 (A) a number, username, address, or other unique subscriber or account identifier
228	228	201assigned by the custodian to identify the principal’s account; or
229	229	202 (B) evidence linking the account to the principal.
230	230	203 Section 10. Disclosure of other digital assets of principal
231	231	204 Unless otherwise ordered by the court, directed by the principal, or provided by a power
232	232	205of attorney, a custodian shall disclose to an agent with specific authority over digital assets or
233	233	206general authority to act on behalf of a principal a catalogue of electronic communications sent or
234	234	207received by the principal and digital assets, other than the content of electronic communications,
235	235	208of the principal if the agent gives the custodian: 12 of 19
236	236	209 (1) a written request for the disclosure in physical or electronic form;
237	237	210 (2) an original or a copy of the power of attorney that gives the agent specific authority
238	238	211over digital assets or general authority to act on behalf of the principal;
239	239	212 (3) a certification by the agent, under penalty of perjury, that the power of attorney is in
240	240	213effect and;
241	241	214 (4) if requested by the custodian:
242	242	215 (A) a number, username, address, or other unique subscriber or account identifier
243	243	216assigned by the custodian to identify the principal’s account; or
244	244	217 (B) evidence linking the account to the principal.
245	245	218 Section 11. Disclosure of digital assets held in trust when trustee is original user
246	246	219 Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to
247	247	220a trustee that is an original user of an account any digital asset of the account held in trust,
248	248	221including a catalogue of electronic communications of the trustee and the content of electronic
249	249	222communications.
250	250	223 Section 12. Disclosure of contents of electronic communications held in trust when
251	251	224trustee is not original user
252	252	225 Unless otherwise ordered by the court, directed by the user, or provided in a trust, a
253	253	226custodian shall disclose to a trustee that is not an original user of an account the content of an
254	254	227electronic communication sent or received by an original or successor user and carried, 13 of 19
255	255	228maintained, processed, received, or stored by the custodian in the account of the trust if the
256	256	229trustee gives the custodian:
257	257	230 (1) a written request for disclosure in physical or electronic form;
258	258	231 (2) a certified copy of the trust instrument or a certification of the trust under chapter
259	259	232203E that includes consent to disclosure of the content of electronic communications to the
260	260	233trustee;
261	261	234 (3) a certification by the trustee, under penalty of perjury, that the trust exists and the
262	262	235trustee is a currently acting trustee of the trust; and
263	263	236 (4) if requested by the custodian:
264	264	237 (A) a number, username, address, or other unique subscriber or account identifier
265	265	238assigned by the custodian to identify the trust’s account; or
266	266	239 (B) evidence linking the account to the trust.
267	267	240 Section 13. Disclosure of other digital assets held in trust when trustee is not original
268	268	241user
269	269	242 Unless otherwise ordered by the court, directed by the user, or provided in a trust, a
270	270	243custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of
271	271	244electronic communications sent or received by an original or successor user and stored, carried,
272	272	245or maintained by the custodian in an account of the trust and any digital assets, other than the
273	273	246content of electronic communications, in which the trust has a right or interest if the trustee gives
274	274	247the custodian: 14 of 19
275	275	248 (1) a written request for disclosure in physical or electronic form;
276	276	249 (2) a certified copy of the trust instrument or a certification of the trust under chapter
277	277	250203E;
278	278	251 (3) a certification by the trustee, under penalty of perjury, that the trust exists and the
279	279	252trustee is a currently acting trustee of the trust; and
280	280	253 (4) if requested by the custodian:
281	281	254 (A) a number, username, address, or other unique subscriber or account identifier
282	282	255assigned by the custodian to identify the trust’s account; or
283	283	256 (B) evidence linking the account to the trust.
284	284	257 Section 14. Disclosure of digital assets to conservator of protected person
285	285	258 (a) After an opportunity for a hearing under chapter 190B, the court may grant a
286	286	259conservator access to the digital assets of a protected person.
287	287	260 (b) Unless otherwise ordered by the court or directed by the user, a custodian shall
288	288	261disclose to a conservator the catalogue of electronic communications sent or received by a
289	289	262protected person and any digital assets, other than the content of electronic communications, in
290	290	263which the protected person has a right or interest if the conservator gives the custodian:
291	291	264 (1) a written request for disclosure in physical or electronic form;
292	292	265 (2) an attested copy of the court order that gives the conservator authority over the
293	293	266digital assets of the protected person; and 15 of 19
294	294	267 (3) if requested by the custodian:
295	295	268 (A) a number, username, address, or other unique subscriber or account
296	296	269identifier assigned by the custodian to identify the account of the protected person; or
297	297	270 (B) evidence linking the account to the protected person.
298	298	271 (c) A conservator with general authority to manage the assets of a protected person may
299	299	272request a custodian of the digital assets of the protected person to suspend or terminate an
300	300	273account of the protected person for good cause. A request made under this section must be
301	301	274accompanied by an attested copy of the court order giving the conservator authority over the
302	302	275protected person’s property.
303	303	276 Section 15. Fiduciary duty and authority
304	304	277 (a) The user’s rights in digital assets, including the content of electronic communications,
305	305	278constitute property of the estate of the user to be managed consistent with the legal duties
306	306	279imposed on a fiduciary charged with managing tangible property, including:
307	307	280 (1) the duty of care;
308	308	281 (2) the duty of loyalty; and
309	309	282 (3) the duty of confidentiality.
310	310	283 (b) A fiduciary’s authority with respect to a digital asset of a user:
311	311	284 (1) except as otherwise provided in Section 4, is subject to the applicable terms of
312	312	285service; 16 of 19
313	313	286 (2) is subject to other applicable law, including copyright law;
314	314	287 (3) is limited by the scope of the fiduciary’s duties; and
315	315	288 (4) may not be used to impersonate the user.
316	316	289 (c) A fiduciary with authority over the property of a decedent, protected person, principal
317	317	290or settlor has the right to access any digital asset in which the decedent, protected person,
318	318	291principal, or settlor had a right or interest and that is not held by a custodian or subject to a
319	319	292terms-of-service agreement.
320	320	293 (d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of
321	321	294the property of the decedent, protected person, principal, or settlor for the purpose of applicable
322	322	295computer fraud and unauthorized computer access laws, including section 120F of chapter 266 of
323	323	296the General Laws.
324	324	297 (e) A fiduciary with authority over the tangible, personal property of a decedent,
325	325	298protected person, principal, or settlor:
326	326	299 (1) has the right to access the property and any digital asset stored in it; and
327	327	300 (2) is an authorized user for the purpose of computer fraud and unauthorized
328	328	301computer access laws, including section 120F of chapter 266 of the General Laws.
329	329	302 (f) A custodian may disclose information in an account to a fiduciary of the user when the
330	330	303information is required to terminate an account used to access digital assets licensed to the user. 17 of 19
331	331	304 (g) A fiduciary of a user may request a custodian to terminate the user’s account. A
332	332	305request for termination must be in writing, in either physical or electronic form, and
333	333	306accompanied by:
334	334	307 (1) if the user is deceased, a certified copy of the death certificate of the user;
335	335	308 (2) an attested copy of the letter of appointment of the representative or a small
336	336	309estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the
337	337	310account; and
338	338	311 (3) if requested by the custodian:
339	339	312 (A) a number, username, address, or other unique subscriber or account identifier
340	340	313assigned by the custodian to identify the user’s account;
341	341	314 (B) evidence linking the account to the user; or
342	342	315 (C) a finding by the court that the user had a specific account with the custodian,
343	343	316identifiable by the information specified in subparagraph (A).
344	344	317 Section 16. Custodian compliance and immunity
345	345	318 (a) Not later than 60 days after receipt of the information required under sections 7
346	346	319through 14, a custodian shall comply with a request under this chapter from a fiduciary or
347	347	320designated recipient to disclose digital assets or terminate an account. If the custodian fails to
348	348	321comply, the fiduciary or designated recipient may apply to the court for an order directing
349	349	322compliance. 18 of 19
350	350	323 (b) A custodian may notify the user that a request for disclosure or to terminate an
351	351	324account was made under this chapter.
352	352	325 (c) A custodian may deny a request under this chapter from a fiduciary or designated
353	353	326recipient for disclosure of digital assets or to terminate an account if the custodian is aware of
354	354	327any lawful access to the account following the receipt of the fiduciary’s request.
355	355	328 (d) This chapter does not limit a custodian’s ability to obtain or require a fiduciary or
356	356	329designated recipient requesting disclosure or termination under this chapter to obtain a court
357	357	330order which:
358	358	331 (1) specifies that an account belongs to the protected person or principal;
359	359	332 (2) specifies that there is sufficient consent from the protected person or principal to
360	360	333support the requested disclosure; and
361	361	334 (3) contains a finding required by law other than this chapter.
362	362	335 (e) A custodian and its officers, employees, and agents are immune from liability for an
363	363	336act or omission done in good faith in compliance with this chapter.
364	364	337 Section 17. Uniformity of application and construction
365	365	338 In applying and construing this uniform act, consideration must be given to the need to
366	366	339promote uniformity of the law with respect to its subject matter among states that enact it.
367	367	340 Section 18. Relation to Electronic Signatures in Global and National Commerce Act
368	368	341 This chapter modifies, limits and supersedes the federal Electronic Signatures in Global
369	369	342and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or 19 of 19
370	370	343supersede section 101(c) of said act, 15 U.S.C. section 7001(c), or authorize electronic delivery
371	371	344of any of the notices described in section 103(b) of said act, 15 U.S.C. section 7003(b).
372	372	345 Section 19. Severability
373	373	346 If any provision of this chapter or its application to any person or circumstance is held
374	374	347invalid, the invalidity does not affect other provisions or applications of this chapter which can
375	375	348be given effect without the invalid provision or application, and to this end the provisions of this
376	376	349chapter are severable.
377	377	350 SECTION 2. This act shall take effect 1 year after its passage.
378	378	351 4705250.4