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| 1 | AMENDMENT TO HOUSE BILL 4648
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| 2 | AMENDMENT NO. ______. Amend House Bill 4648 on page 3, | ||||||
| 3 | lines 6 through 8, by deleting "that has attained the age of 18 | ||||||
| 4 | and is not a "person with a disability" as defined in | ||||||
| 5 | subsection (21),"; and | ||||||
| 6 | on page 8, by replacing lines 24 and 25 with the following:
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| 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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| 1 | on page 9, by deleting line 1; and | ||||||
| 2 | on page 14, by replacing lines 3 through 18 with the following: | ||||||
| 3 | "(a) After an opportunity for a hearing under Article XIa | ||||||
| 4 | of the Probate Act of 1975, the court may direct the disclosure | ||||||
| 5 | of the digital assets of a person with a disability to his or | ||||||
| 6 | her guardian."; and | ||||||
| 7 | on page 16, by replacing lines 16 and 17 with the following: | ||||||
| 8 | "Code of 2012, and may challenge the validity of an online tool | ||||||
| 9 | in court when requesting an order directing compliance with | ||||||
| 10 | this Act."; and | ||||||
| 11 | on page 18, by replacing line 16 with the following: | ||||||
| 12 | "(e) This Act does not limit a custodian's ability to | ||||||
| 13 | obtain or require a fiduciary or designated recipient | ||||||
| 14 | requesting disclosure or termination under this Act to obtain a | ||||||
| 15 | court 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 | ||||||
| 4 | on page 24, by replacing line 6 with the following: | ||||||
| 5 | "Section 21. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.".
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