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Representative Stevens says bill clarifies bank subpoena duties for deceased customers; committee approves
Summary
Representative Stevens told the Commerce Committee House Bill 1523 clarifies that banks need not attempt to notify a deceased customer or heirs before providing subpoenaed records and modernizes delivery of records (including electronic transmission by agreement). The committee approved the bill 23–0 and sent it to calendar and rules.
Representative Stevens summarized House Bill 1523 as a modernization and clarification of how banks respond to subpoenas. He said the bill "clarifies that a bank is not required to try to notify a deceased person, the deceased person's heirs, or their estate if someone requests the bank record for the subpoena" while noting banks would still need to confirm service on living customers.
Stevens added the bill updates record delivery rules to reflect electronic records: "Right now, they have very cumbersome rules about how to package paper documents up...this updates the statute to allow the banks to provide these records electronically or by any means that the parties agreed to."
Representatives asked whether the change affects probate court interactions and notice to heirs. Stevens responded that if a customer is deceased and a subpoena is issued in a probate case, the parties to the case would receive notice and banks could rely on evidence such as a death certificate or probate filings rather than attempting to personally serve a deceased customer.
The committee opened the voting board and the clerk reported the result: "Mister chair, you have 23 ayes and no nays." House Bill 1523 passed the Commerce Committee and will proceed to the calendar and rules committee.
