1.1.................... moves to amend H.F. No. 1372, the first engrossment, as follows:
1.2Page 39, after line 12, insert:


1.5    Section 1. [521A.01] SHORT TITLE.
1.6This chapter may be cited as the "Revised Uniform Fiduciary Access to Digital
1.7Assets Act."

1.8    Sec. 2. [521A.02] DEFINITIONS.
1.9    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.10    Subd. 2. Account. "Account" means an arrangement under a terms-of-service
1.11agreement in which a custodian carries, maintains, processes, receives, or stores a digital
1.12asset of the user or provides goods or services to the user.
1.13    Subd. 3. Agent. "Agent" means an attorney-in-fact granted authority under a
1.14durable or nondurable power of attorney.
1.15    Subd. 4. Carries. "Carries" means engages in the transmission of an electronic
1.16communication.
1.17    Subd. 5. Catalog of electronic communications. "Catalog of electronic
1.18communications" means information that identifies each person with which a user has
1.19had an electronic communication, the time and date of the communication, and the
1.20electronic address of the person.
1.21    Subd. 6. Conservator. "Conservator" means a person appointed by a court to
1.22manage the estate of a living individual. The term includes a limited conservator, or
1.23unlimited under section 524.5-401.
2.1    Subd. 7. Content of an electronic communication. "Content of an electronic
2.2communication" means information concerning the substance or meaning of the
2.3communication that:
2.4(1) has been sent or received by a user;
2.5(2) is in electronic storage by a custodian providing an electronic communication
2.6service to the public or is carried or maintained by a custodian providing a remote
2.7computing service to the public; and
2.8(3) is not readily accessible to the public.
2.9    Subd. 8. Court. "Court" has the meaning given in section 524.1-201, clause (9).
2.10    Subd. 9. Custodian. "Custodian" means a person that carries, maintains, processes,
2.11receives, or stores a digital asset of a user.
2.12    Subd. 10. Designated recipient. "Designated recipient" means a person chosen by
2.13a user using an online tool to administer digital assets of the user.
2.14    Subd. 11. Digital asset. "Digital asset" means an electronic record in which an
2.15individual has a right or interest. The term does not include an underlying asset or liability
2.16unless the asset or liability is itself an electronic record.
2.17    Subd. 12. Electronic. "Electronic" means relating to technology having electrical,
2.18digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
2.19    Subd. 13. Electronic communication. "Electronic communication" has the
2.20meaning given in United States Code, title 18, section 2510(12), as amended.
2.21    Subd. 14. Electronic communication service. "Electronic communication service"
2.22means a custodian that provides to a user the ability to send or receive an electronic
2.23communication.
2.24    Subd. 15. Fiduciary. "Fiduciary" means an original, additional, or successor
2.25personal representative, conservator, agent, or trustee.
2.26    Subd. 16. Information. "Information" means data, text, images, videos, sounds,
2.27codes, computer programs, software, databases, or similar material.
2.28    Subd. 17. Online tool. "Online tool" means an electronic service provided by
2.29a custodian that allows the user, in an agreement distinct from the terms-of-service
2.30agreement between the custodian and user, to provide directions for disclosure or
2.31nondisclosure of digital assets to a third person.
2.32    Subd. 18. Person. "Person" means an individual, estate, business or nonprofit entity,
2.33public corporation, government or governmental subdivision, agency, or instrumentality,
2.34or other legal entity.
2.35    Subd. 19. Personal representative. "Personal representative" has the meaning
2.36given in section 524.1-201.
3.1    Subd. 20. Power of attorney. "Power of attorney" means a record that grants an
3.2agent authority to act in the place of a principal, under chapter 523.
3.3    Subd. 21. Principal. "Principal" means an individual who grants authority to an
3.4agent in a power of attorney.
3.5    Subd. 22. Protected person. "Protected person" means an individual for whom a
3.6conservator has been appointed. The term includes an individual for whom an application
3.7for the appointment of a conservator is pending.
3.8    Subd. 23. Record. "Record" means information that is inscribed on a tangible
3.9medium or that is stored in an electronic or other medium and is retrievable in perceivable
3.10form.
3.11    Subd. 24. Remote computing service. "Remote computing service" means a
3.12custodian that provides to a user computer processing services or the storage of digital
3.13assets by means of an electronic communications system, as defined in United States
3.14Code, title 18, section 2510(14), as amended.
3.15    Subd. 25. Terms-of-service agreement. "Terms-of-service agreement" means an
3.16agreement that controls the relationship between a user and a custodian.
3.17    Subd. 26. Trustee. "Trustee" means a fiduciary with legal title to property under an
3.18agreement or declaration that creates a beneficial interest in another. The term includes
3.19a successor trustee.
3.20    Subd. 27. User. "User" means a person that has an account with a custodian.
3.21    Subd. 28. Will. "Will" includes a codicil, testamentary instrument that only appoints
3.22an executor, and an instrument that revokes or revises a testamentary instrument.

3.23    Sec. 3. [521A.03] APPLICABILITY.
3.24(a) This chapter applies to:
3.25(1) a fiduciary acting under a will or power of attorney;
3.26(2) a personal representative acting for a decedent;
3.27(3) a conservatorship proceeding; and
3.28(4) a trustee acting under a trust.
3.29(b) This chapter applies to a custodian if the user resides in this state or resided in
3.30this state at the time of the user's death.
3.31(c) This chapter does not apply to a digital asset of an employer used by an employee
3.32in the ordinary course of the employer's business.

3.33    Sec. 4. [521A.04] USER DIRECTION FOR DISCLOSURE OF DIGITAL
3.34ASSETS.
4.1(a) A user may use an online tool to direct the custodian to disclose to a designated
4.2recipient or not to disclose some or all of the user's digital assets, including the content
4.3of electronic communications. If the online tool allows the user to modify or delete a
4.4direction at all times, a direction regarding disclosure using an online tool overrides a
4.5contrary direction by the user in a will, trust, power of attorney, or other record.
4.6(b) If a user has not used an online tool to give direction under paragraph (a) or if the
4.7custodian has not provided an online tool, the user may allow or prohibit in a will, trust,
4.8power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital
4.9assets, including the content of electronic communications sent or received by the user.
4.10(c) A user's direction under paragraph (a) or (b) overrides a contrary provision in a
4.11terms-of-service agreement that does not require the user to act affirmatively and distinctly
4.12from the user's assent to the terms of service.

4.13    Sec. 5. [521A.05] TERMS-OF-SERVICE AGREEMENT.
4.14(a) This chapter does not change or impair a right of a custodian or a user under a
4.15terms-of-service agreement to access and use digital assets of the user.
4.16(b) This chapter does not give a fiduciary or designated recipient any new or
4.17expanded rights other than those held by the user for whom, or for whose estate, the
4.18fiduciary or designated recipient acts or represents.
4.19(c) A fiduciary's or designated recipient's access to digital assets may be modified or
4.20eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not
4.21provided direction under section 521A.04.

4.22    Sec. 6. [521A.06] PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
4.23(a) When disclosing digital assets of a user under this chapter, the custodian may, at
4.24its sole discretion:
4.25(1) grant a fiduciary or designated recipient full access to the user's account;
4.26(2) grant a fiduciary or designated recipient partial access to the user's account
4.27sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
4.28(3) provide a fiduciary or designated recipient a copy in a record of any digital asset
4.29that, on the date the custodian received the request for disclosure, the user could have
4.30accessed if the user were alive and had full capacity and access to the account.
4.31(b) A custodian may assess a reasonable administrative charge for the cost of
4.32disclosing digital assets under this chapter.
4.33(c) A custodian need not disclose under this chapter a digital asset deleted by a user.
5.1(d) If a user directs or a fiduciary requests a custodian to disclose under this chapter
5.2some, but not all, of the user's digital assets, the custodian need not disclose the assets if
5.3segregation of the assets would impose an undue burden on the custodian. If the custodian
5.4believes the direction or request imposes an undue burden, the custodian or fiduciary may
5.5seek an order from the court to disclose:
5.6(1) a subset limited by date of the user's digital assets;
5.7(2) all of the user's digital assets to the fiduciary or designated recipient;
5.8(3) none of the user's digital assets; or
5.9(4) all of the user's digital assets to the court for review in chambers.

5.10    Sec. 7. [521A.07] DISCLOSURE OF CONTENT OF ELECTRONIC
5.11COMMUNICATIONS OF DECEASED USER.
5.12If a deceased user consented or a court directs disclosure of the content of an
5.13electronic communication of the user, the custodian shall disclose to the personal
5.14representative of the estate of the user the content of an electronic communication sent or
5.15received by the user if the representative gives the custodian:
5.16(1) a written request for disclosure in physical or electronic form;
5.17(2) a certified copy of the death certificate of the user;
5.18(3) a certified copy of the letter of appointment of the representative, court order, or
5.19Affidavit of Collection of Personal Property executed under section 524.3-1201;
5.20(4) unless the user provided direction using an online tool, a copy of the user's will,
5.21trust, power of attorney, or other record evidencing the user's consent to disclosure of the
5.22content of electronic communications; and
5.23(5) if requested by the custodian:
5.24(i) a number, username, address, or other unique subscriber or account identifier
5.25assigned by the custodian to identify the user's account;
5.26(ii) evidence linking the account to the user; or
5.27(iii) a finding by the court that:
5.28(A) the user had a specific account with the custodian, identifiable by the information
5.29specified in item (i);
5.30(B) disclosure of the content of electronic communications of the user would not
5.31violate United States Code, title 18, section 2701 et seq., as amended; United States Code,
5.32title 47, section 222, as amended; or other applicable law;
5.33(C) unless the user provided direction using an online tool, the user consented to
5.34disclosure of the content of electronic communications; or
6.1(D) disclosure of the content of electronic communications of the user is reasonably
6.2necessary for administration of the estate.

6.3    Sec. 8. [521A.08] DISCLOSURE OF OTHER DIGITAL ASSETS OF
6.4DECEASED USER.
6.5Unless the user prohibited disclosure of digital assets or the court directs otherwise,
6.6a custodian shall disclose to the personal representative of the estate of a deceased user a
6.7catalog of electronic communications sent or received by the user and digital assets,
6.8other than the content of electronic communications, of the user if the representative
6.9gives the custodian:
6.10(1) a written request for disclosure in physical or electronic form;
6.11(2) a certified copy of the death certificate of the user;
6.12(3) a certified copy of the letter of appointment of the representative, court order, or
6.13Affidavit of Collection of Personal Property executed under section 524.3-1201; and
6.14(4) if requested by the custodian:
6.15(i) a number, username, address, or other unique subscriber or account identifier
6.16assigned by the custodian to identify the user's account;
6.17(ii) evidence linking the account to the user;
6.18(iii) an affidavit stating that disclosure of the user's digital assets is reasonably
6.19necessary for administration of the estate; or
6.20(iv) a finding by the court that:
6.21(A) the user had a specific account with the custodian, identifiable by the information
6.22specified in item (i); or
6.23(B) disclosure of the user's digital assets is reasonably necessary for administration
6.24of the estate.

6.25    Sec. 9. [521A.09] DISCLOSURE OF CONTENT OF ELECTRONIC
6.26COMMUNICATIONS OF PRINCIPAL.
6.27To the extent a power of attorney expressly grants an agent authority over the
6.28content of electronic communications sent or received by the principal and unless directed
6.29otherwise by the principal or the court, a custodian shall disclose to the agent the content
6.30if the agent gives the custodian:
6.31(1) a written request for disclosure in physical or electronic form;
6.32(2) an original or copy of the power of attorney expressly granting the agent
6.33authority over the content of electronic communications of the principal;
7.1(3) a certification by the agent, under penalty of perjury, that the power of attorney is
7.2in effect; and
7.3(4) if requested by the custodian:
7.4(i) a number, username, address, or other unique subscriber or account identifier
7.5assigned by the custodian to identify the principal's account; or
7.6(ii) evidence linking the account to the principal.

7.7    Sec. 10. [521A.10] DISCLOSURE OF OTHER DIGITAL ASSETS OF
7.8PRINCIPAL.
7.9Unless otherwise ordered by the court, directed by the principal, or provided by a
7.10power of attorney, a custodian shall disclose to an agent with specific authority over
7.11digital assets or general authority to act on behalf of a principal a catalog of electronic
7.12communications sent or received by the principal and digital assets, other than the content
7.13of electronic communications, of the principal if the agent gives the custodian:
7.14(1) a written request for disclosure in physical or electronic form;
7.15(2) an original or a copy of the power of attorney that gives the agent specific
7.16authority over digital assets or general authority to act on behalf of the principal;
7.17(3) a certification by the agent, under penalty of perjury, that the power of attorney is
7.18in effect; and
7.19(4) if requested by the custodian:
7.20(i) a number, username, address, or other unique subscriber or account identifier
7.21assigned by the custodian to identify the principal's account; or
7.22(ii) evidence linking the account to the principal.

7.23    Sec. 11. [521A.11] DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST
7.24WHEN TRUSTEE IS ORIGINAL USER.
7.25Unless otherwise ordered by the court or provided in a trust, a custodian shall
7.26disclose to a trustee that is an original user of an account any digital asset of the account
7.27held in trust, including a catalog of electronic communications of the trustee and the
7.28content of electronic communications.

7.29    Sec. 12. [521A.12] DISCLOSURE OF CONTENT OF ELECTRONIC
7.30COMMUNICATIONS HELD IN TRUST WHEN TRUSTEE NOT ORIGINAL
7.31USER.
7.32Unless otherwise ordered by the court, directed by the user, or provided in a trust, a
7.33custodian shall disclose to a trustee that is not an original user of an account the content of
8.1an electronic communication sent or received by an original or successor user and carried,
8.2maintained, processed, received, or stored by the custodian in the account of the trust if
8.3the trustee gives the custodian:
8.4(1) a written request for disclosure in physical or electronic form;
8.5(2) a certified copy of the trust instrument or a certification of the trust under section
8.6501C.1013 that includes consent to disclosure of the content of electronic communications
8.7to the trustee;
8.8(3) a certification by the trustee, under penalty of perjury, that the trust exists and the
8.9trustee is a currently acting trustee of the trust; and
8.10(4) if requested by the custodian:
8.11(i) a number, username, address, or other unique subscriber or account identifier
8.12assigned by the custodian to identify the trust's account; or
8.13(ii) evidence linking the account to the trust.

8.14    Sec. 13. [521A.13] DISCLOSURE OF OTHER DIGITAL ASSETS HELD IN
8.15TRUST WHEN TRUSTEE NOT ORIGINAL USER.
8.16Unless otherwise ordered by the court, directed by the user, or provided in a trust, a
8.17custodian shall disclose to a trustee that is not an original user of an account a catalog of
8.18electronic communications sent or received by an original or successor user and stored,
8.19carried, or maintained by the custodian in an account of the trust and any digital assets,
8.20other than the content of electronic communications, in which the trust has a right or
8.21interest if the trustee gives the custodian:
8.22(1) a written request for disclosure in physical or electronic form;
8.23(2) a certified copy of the trust instrument or a certification of the trust under section
8.24501C.1013;
8.25(3) a certification by the trustee, under penalty of perjury, that the trust exists and the
8.26trustee is a currently acting trustee of the trust; and
8.27(4) if requested by the custodian:
8.28(i) a number, username, address, or other unique subscriber or account identifier
8.29assigned by the custodian to identify the trust's account; or
8.30(ii) evidence linking the account to the trust.

8.31    Sec. 14. [521A.14] DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR
8.32OF PROTECTED PERSON.
8.33(a) After an opportunity for a hearing under chapter 524, the court may grant a
8.34conservator access to the digital assets of a protected person.
9.1(b) Unless otherwise ordered by the court or directed by the user, a custodian shall
9.2disclose to a conservator the catalog of electronic communications sent or received by a
9.3protected person and any digital assets, other than the content of electronic communications,
9.4in which the protected person has a right or interest if the conservator gives the custodian:
9.5(1) a written request for disclosure in physical or electronic form;
9.6(2) a certified copy of the court order that gives the conservator authority over the
9.7digital assets of the protected person; and
9.8(3) if requested by the custodian:
9.9(i) a number, username, address, or other unique subscriber or account identifier
9.10assigned by the custodian to identify the account of the protected person; or
9.11(ii) evidence linking the account to the protected person.
9.12(c) A conservator with general authority to manage the assets of a protected person
9.13may request a custodian of the digital assets of the protected person to suspend or
9.14terminate an account of the protected person for good cause. A request made under this
9.15section must be accompanied by a certified copy of the court order giving the conservator
9.16authority over the protected person's property.

9.17    Sec. 15. [521A.15] FIDUCIARY DUTY AND AUTHORITY.
9.18(a) The legal duties imposed on a fiduciary charged with managing tangible property
9.19apply to the management of digital assets, including:
9.20(1) the duty of care;
9.21(2) the duty of loyalty; and
9.22(3) the duty of confidentiality.
9.23(b) A fiduciary's or designated recipient's authority with respect to a digital asset
9.24of a user:
9.25(1) except as otherwise provided in section 521A.04, is subject to the applicable
9.26terms of service;
9.27(2) is subject to other applicable law, including copyright law;
9.28(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
9.29(4) may not be used to impersonate the user.
9.30(c) A fiduciary with authority over the property of a decedent, protected person,
9.31principal, or settlor has the right to access any digital asset in which the decedent,
9.32protected person, principal, or settlor had a right or interest and that is not held by a
9.33custodian or subject to a terms-of-service agreement.
9.34(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user
9.35of the property of the decedent, protected person, principal, or settlor for the purpose of
10.1applicable computer fraud and unauthorized computer access laws, including section
10.2609.891.
10.3(e) A fiduciary with authority over the tangible personal property of a decedent,
10.4protected person, principal, or settlor:
10.5(1) has the right to access the property and any digital asset stored in it; and
10.6(2) is an authorized user for the purpose of computer fraud and unauthorized
10.7computer access laws, including section 609.891.
10.8(f) A custodian may disclose information in an account to a fiduciary of the user
10.9when the information is required to terminate an account used to access digital assets
10.10licensed to the user.
10.11(g) A fiduciary of a user may request a custodian to terminate the user's account.
10.12A request for termination must be in writing, in either physical or electronic form, and
10.13accompanied by:
10.14(1) if the user is deceased, a certified copy of the death certificate of the user;
10.15(2) a certified copy of the letter of appointment of the representative or a small
10.16estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary
10.17authority over the account; and
10.18(3) if requested by the custodian:
10.19(i) a number, username, address, or other unique subscriber or account identifier
10.20assigned by the custodian to identify the user's account;
10.21(ii) evidence linking the account to the user; or
10.22(iii) a finding by the court that the user had a specific account with the custodian,
10.23identifiable by the information specified in item (i).

10.24    Sec. 16. [521A.16] CUSTODIAN COMPLIANCE AND IMMUNITY.
10.25(a) Not later than 60 days after receipt of the information required under sections
10.26521A.07 to 521A.15, a custodian shall comply with a request under this chapter from a
10.27fiduciary or designated recipient to disclose digital assets or terminate an account. If the
10.28custodian fails to comply, the fiduciary or designated recipient may apply to the court for
10.29an order directing compliance.
10.30(b) An order under paragraph (a) directing compliance must contain a finding that
10.31compliance is not in violation of United States Code, title 18, section 2702, as amended.
10.32(c) A custodian may notify the user that a request for disclosure or to terminate
10.33an account was made under this chapter.
11.1(d) A custodian may deny a request under this chapter from a fiduciary or designated
11.2recipient for disclosure of digital assets or to terminate an account if the custodian is aware
11.3of any lawful access to the account following the receipt of the fiduciary's request.
11.4(e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or
11.5designated recipient requesting disclosure or termination under this chapter to obtain a
11.6court order which:
11.7(1) specifies that an account belongs to the protected person or principal;
11.8(2) specifies that there is sufficient consent from the protected person or principal
11.9to support the requested disclosure; and
11.10(3) contains a finding required by law other than this chapter.
11.11(f) A custodian and its officers, employees, and agents are immune from liability for
11.12an act or omission done in good faith in compliance with this chapter.

11.13    Sec. 17. [521A.17] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
11.14In applying and construing this chapter, consideration must be given to the need to
11.15promote uniformity of the law with respect to its subject matter among states that enact it.

11.16    Sec. 18. [521A.18] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
11.17AND NATIONAL COMMERCE ACT.
11.18This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
11.19National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
11.20modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section
11.217001(c), or authorize electronic delivery of any of the notices described in section 103(b)
11.22of that act, United States Code, title 15, section 7003(b).

11.23    Sec. 19. [521A.19] SEVERABILITY.
11.24If any provision of this chapter or its application to any person or circumstance is
11.25held invalid, the invalidity does not affect other provisions or applications of this chapter
11.26which can be given effect without the invalid provision or application, and to this end the
11.27provisions of this chapter are severable.

11.28    Sec. 20. EFFECTIVE DATE.
11.29Sections 1 to 19 apply to fiduciaries acting under a governing instrument executed
11.30before, on, or after August 1, 2016.
"11.31Renumber the sections in sequence and correct the internal references
11.32Amend the title accordingly