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Minutes for SB122 - Committee on Judiciary
Short Title
Modifying certain rules of evidence in the code of civil procedure related to authentication of records and documents.
Minutes Content for Tue, Feb 9, 2021
Jason Thompson presented a bill brief on SB122 explaining it modifies certain rules of evidence in the Code of Civil Procedure related to authentication of records and documents. It passed the Senate 39-1 last year, but did not get out of the House committee. This is essentially the same bill as last year. (Attachment 18)
Adam Proffitt submitted the fiscal note for SB122. (Attachment 19)
Proponent, Oral
James Concannon spoke in support of SB122 stating it conforms Kansas rules of evidence to federal rules of evidence. The original writings rule goes back to early 1700s. He stated federal rules of evidence developed in 1975 added a rule that a duplicate can be treated as the original. Kansas rules of evidence were written in 1963 before the existence of copy machines and digitally-stored material and they do not address this question. The new bill will correct that. This bill would also amend certain Kansas statutes regarding authentication to make them more understandable. The bill also addresses rules of self-authentication. The Judicial Council believes this is an improvement to Kansas law and adds clarity to it. (Attachment 20)
There was discussion.
There was neither neutral nor opponent testimony.
The hearing was closed.
Natalie Nelson was thanked for responding to Senator Thompson's question about fraudulent 1099-Gs. Legislative Research was asked to continue finding more information on the question and to report to Senator Thompson. Chairperson Warren said the committee would be working SB60 soon which will provide a means for prosecuting such cases.
The meeting was adjourned at 11:53 AM.
