New Jersey A 3178: Adds rock climbing, bouldering, and ice climbing to definition of "sport and recreational activities" in law concerning landowner liability.

Bill Text

A3178 

ASSEMBLY, No. 3178 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAY WEBBER

District 26 (Morris and Passaic)

Assemblywoman CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Revises procedures concerning access to decedent's 
safe-deposit box.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning safe-deposit boxes, amending and 
supplementing various parts of the statutory law.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 4 of P.L.1955, 
c.151 (C.46:39-4) is amended to read as follows:

���� 4.��� The death or 
incompetency of a person to whom a safe-deposit box or other receptacle for the 
safekeeping of personal property has been rented, and who has in writing 
appointed an agent with power of access thereto, shall not terminate the 
authority of such agent; but such authority shall continue until actual notice 
of such death or incompetency is received by the lessor of such box or other 
receptacle at the office in which such box or receptacle is located.� As used 
in this section, "person" includes a minor, and also includes

���� (a)�� a person acting in his 
individual capacity as sole renter of a safe-deposit box or other receptacle 
for the safekeeping of personal property;

���� (b)�� one, or more, or all of 
2 or more persons acting in their individual capacities as co-renters of a 
safe-deposit box or other receptacle for the safekeeping of personal property;

���� (c)�� a person acting as sole 
executor, administrator, guardian, trustee or receiver in renting a 
safe-deposit box or other receptacle for the safekeeping of personal property;� 
and

���� (d)�� one, or more, or all of 
2 or more persons acting as co-executors, co-administrators, co-guardians, 
co-trustees or co-receivers in renting a safe-deposit box or other receptacle 
for the safekeeping of personal property.

���� Nothing contained herein 
shall prevent access to the safe-deposit box or other receptacle by a person 
who complies with the provisions of section� 3 of P.L.�� , c.��� (C.������� 
)(pending before the Legislature as this bill).

(cf: P.L.1955, c.151, s.4)

���� 2.��� R.S.17:14A-52 
is amended to read as follows:

���� 17:14A-52.� Accessibility 
to vault, safe deposit box or receptacle.

���� The 
right of access to a vault, safe deposit box or receptacle rented to a lessee 
by a safe deposit company shall be governed by the rental agreement, the� 
provisions of� P.L.��� , c.�� (C.������� ) (pending before the Legislature 
as this bill), P.L.1955, c.151 (C. 46:39-1 et seq.), R.S.54:35-19 and R.S.54:35-20.

(cf: 
R.S.17:14A-52)

���� 3.��� (New section)� a.� Upon being furnished with 
satisfactory proof of death of a sole lessee or the last surviving co-lessee of 
a safe-deposit box, the lessor shall open the box and examine the contents in 
the presence of a person who presents himself and furnishes a copy of the death 
certificate and an affidavit which states that:

���� (1)�� he is interested in the filing of the lessee's 
original will or in the arrangements for his burial;

���� (2)�� he believes the safe-deposit box may contain the 
original will or burial documents of the lessee; and 

���� (3)�� he is an interested person as defined in this 
section. 

���� b.��� The lessor shall not open the safe-deposit box in 
accordance with P.L.��� , c.���� (C.�������� ) (pending before the Legislature 
as this bill)� if the lessor has received a copy of letters of administration 
or letters testamentary of the deceased lessee's estate or other applicable 
court order. 

���� c.���� The lessor shall not open the safe-deposit box 
if:

���� (1)�� the safe-deposit box has previously been opened in 
accordance with this section;

���� (2)�� the lessor has received notice of a written or 
oral objection from any person or has reason to believe that there would be an 
objection; or 

���� (3)�� the lessee's key or combination is not available.

���� d.��� The lessor has no duty to inquire into the truth 
of any statement in the affidavit required to be furnished pursuant to this 
section. The lessor's determination of the fact situations to be met under this 
section shall be conclusive and final, and the lessor shall be fully protected 
in relying conclusively on it.

���� e.���� The lessor shall remove any document which 
appears to be a will or codicil and deliver it to the Surrogate of the county 
in which the lessee resided immediately prior to his death, if known to the 
lessor, otherwise to the Surrogate of the county in which the safe-deposit box 
is located. The lessor shall deliver to the County Surrogate the original will 
or codicil by certified or registered mail, return receipt requested. The 
lessor shall provide the interested person with a photocopy of the original 
will, trust instrument or burial d