Rep. Emanuel Chris Welch

Filed: 4/14/2016





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2    AMENDMENT NO. ______. Amend House Bill 4648 on page 3,
3lines 6 through 8, by deleting "that has attained the age of 18
4and is not a "person with a disability" as defined in
5subsection (21),"; and
6on page 8, by replacing lines 24 and 25 with the following:
7                "(i) the user had a specific account with the
8            custodian, identifiable by the information
9            specified in subparagraph (A);
10                (ii) disclosure of the content of electronic
11            communications of the user would not violate 18
12            U.S.C. Section 2701 et seq., as amended, 47 U.S.C.
13            Section 222, as amended, or other applicable law;
14                (iii) unless the user provided direction using
15            an online tool, the user consented to disclosure of
16            the content of electronic communications; or"; and



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1on page 9, by deleting line 1; and
2on page 14, by replacing lines 3 through 18 with the following:
3    "(a) After an opportunity for a hearing under Article XIa
4of the Probate Act of 1975, the court may direct the disclosure
5of the digital assets of a person with a disability to his or
6her guardian."; and
7on page 16, by replacing lines 16 and 17 with the following:
8"Code of 2012, and may challenge the validity of an online tool
9in court when requesting an order directing compliance with
10this Act."; and
11on page 18, by replacing line 16 with the following:
12    "(e) This Act does not limit a custodian's ability to
13obtain or require a fiduciary or designated recipient
14requesting disclosure or termination under this Act to obtain a
15court order which:
16        (1) specifies that an account belongs to the person
17    with a disability or principal;
18        (2) specifies that there is sufficient consent from the
19    person with a disability or principal to support the



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1    requested disclosure; and
2        (3) contains a finding required by law other than this
3    Act."; and
4on page 24, by replacing line 6 with the following:
5    "Section 21. Effective date. This Act takes effect upon
6becoming law.".