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Minutes for SB63 - Committee on Judiciary
Short Title
Enacting the revised uniform fiduciary access to digital assets act.
Minutes Content for Tue, Jan 31, 2017
Jason Thompson gave a bill brief on SB 63 saying that it enacts the Revised Uniform Fiduciary Access to Digital Assets Act. He went on to explain that the bill addresses a person's digital property and electronic communications and what happens to them when a person dies or is unable to manage them.
Proponents:
Christy Molzen began her testimony (Attachment 1) in support of SB 63 by saying this Act establishes p ground rules for the fiduciary to set up and manage assets which go hand in hand with Federal laws. The Council is asking for balloon amendments, which are provided in her testimony and deferred to Mr. Orzeske.
Benjamin Orzeske began his testimony (Attachment 2) by saying SB 63 is necessary because the nature of property has changed. He went on to explain that this law is intended to apply mostly the same rules that apply to tangible assets, to digital assets, allowing fiduciaries to hand the assets to the next generation.
After a question and answer period answering questions relating to the process of enforcement, law enforcement restrictions, and defaults regarding beneficiaries, Chairman Wilborn asked the Committee to delay further questions until the conclusion and asked for the next for the next conferee.
Jeff Bottenberg began his testimony (Attachment 3) in support of SB 63. He shared the importance of having digital access, using the example of email, saying that access to this type of digital information would help fiduciaries find beneficiaries more quickly.
Ron Hein provided written testimony (Attachment 4) in support of SB 63 if all the amendments proposed by the Kansas Judicial Council; are adopted. If the law was to be adopted without the amendments, his concern was that it might inadvertently allow unauthorized copying and dissemination of contents of digital accounts.
Stephanie Mullholland also submitted written testimony (Attachment 5) in support of the bill saying Heartland Credit Union Association considers that digital assets play a role in most estates today, allowing the fiduciary authority to manage those assets. She presented testimony saying that more than fifty percent of Americans utilize electronic banking, which has tripled over the last decade, and therefore shows the need for SB 63.
Chairman Wilborn asked the committee to review the written testimony and then resumed question and answer time, during which Senator Pilcher-Cook requested a table that summarizes the default rules on this bill from Christy Molzen.
There being no further questions, Chairman Wilborn asked the Committee to review the fiscal note that shows a possible future increase in costs. He then asked for more questions or comments and seeing none closed the hearing.
Chairman Wilborn then adjourned the meeting at 11:15am.
