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Minutes for SB293 - Committee on Judiciary
Short Title
Transferring duties concerning registration for charitable organizations and the address confidentiality program (safe at home) from the secretary of state to the attorney general and removing the authority of the secretary of state to prosecute election crimes.
Minutes Content for Thu, Jan 30, 2020
Jason Thompson gave a presentation on SB293 explaining that it transfers duties concerning registration for charitable organizations and the address confidentiality program (Safe at Home) from the Secretary of State to the Attorney General, and that it removes the authority of the Secretary of State to prosecute election crimes. (Attachment 4)
The Kansas Division of the Budget supplied a Fiscal Note for the bill. (Attachment 5)
Clay Barker testified as a proponent of SB293 explaining that it is the reorganization of duties of the Secretary of State and the Attorney General. (Attachment 6) The Secretary of State registers charitable organizations and the Attorney General pursues complaints. It would be better to consolidate the entire process into the office that regulates it. The same thing applies with the Safe at Home Program. The Secretary of State has a piece of the situation, but the bigger part is done in the Attorney General's office. Last, this bill would remove the authority of the Secretary of State to prosecute election crimes and return it to the Attorney General. The Secretary of State's office does not have the staff to actively prosecute election crime. They only have two attorneys on staff. Give this responsibility to the office that has the staff to handle the assignment. Consolidating these programs will result in a cheaper, more efficient process that will better serve Kansans.
There was discussion of the testimony. Some Senators asked for figures from each office predicted saving created by this reorganization.
Derek Schmidt testified as a proponent of SB293 explaining that there is a lot of cross over between the two departments. (Attachment 7) Folks can be talking to both departments at the same time on the same question. It would be better to have one point of contact. When the law was written 40 years ago, it was practical to have the registration program administered by the Secretary of State's office because the Attorney General's office did not handle any programs of that sort. Today the Attorney General's office maintains registration for several programs and would be able to absorb this one with no problem. The rationale for dividing the responsibly is no longer valid and it is more efficient to put registration into the Attorney General's office. On another note, fees for administrating the registration of charitable organizations have gone to the Secretary of State's office (and on to the General Fund) but the work of regulating them has been done by the Attorney General's office. If registration were in the same office, the fees would be assessed where the service is provided.
As a second component of this bill, it seems more efficient for the Safe at Home program to be administered by the Attorney General's office. They already have a Victims Services Division with specialized staff who work with victims of crime daily. This unit would be able to maintain the confidentiality program.
Last, this bill would remove the statutory authority of the Secretary of State to prosecute certain election crimes. The current Secretary of State does not want this authority and his department does not have the staff to prosecute such crimes. There is a Fraud and Litigation Division within the Attorney General's office which can handle election crimes. It seems sensible to consolidate prosecution authority for election cries with the Attorney General and with county and district attorneys rather than leaving it with the Secretary of State.
There was discussion of the testimony.
Lindsey Ford gave neutral testimony on SB293 explaining that some victims of sexual abuse and domestic violence are reluctant to participate in the criminal justice system. (Attachment 8). If the Safe at Home program is administered by the Attorney General's office they may not take part.
There was no discussion. The hearing closed.
