Kansas lawmakers are seeking to expand Attorney General Kris Kobach's powers amid a staff shortage.
The agency will need several more employees to handle everything from increased criminal prosecutorial powers and additional civil enforcement powers to the power to suspend regulations on some companies.
“We continue to see real growth in government, and almost all of the growth in government is coming from the attorney general's office,” said Sen. Ethan Cawthorn, D-Prairie Village. “Nearly every bill that comes out of that office involves requests for increased authority, more funding, and more (full-time equivalent employees).”
Mr. Colson unsuccessfully tried to amend the bill to limit Mr. Kobach's new prosecutorial powers.
Kobach told reporters Thursday that if the firm is given more work, it will need more money to hire more lawyers.
“We told the legislative committees that if they gave our office more work, we would be happy to take on that responsibility, but we would like to take more steps so that we can hire more lawyers. We’re asking for a lot of funding.’ It’s a job,” Kobach said. “I have told you many times that the employment environment is currently difficult.
“It's a good time to get out of law school because we don't have enough lawyers to do a lot of the work the state needs.”
He said his firm still has an open attorney position. In January, Kobach told lawmakers his own office had 14 open attorney positions. Overall, the office had approximately 29 vacancies out of 196 full-time equivalent positions.
Over the past year, a shortage of attorneys and non-attorney staff has been cited as a reason for delays in hearings and filing deadlines in state and federal courts. The criminal division, which has been hardest hit by staffing issues, has not been able to respond to all requests for assistance from county prosecutors.
Mr. Kobach will be given greater powers to prosecute organized retail theft.
Kobach has called for stronger prosecutorial powers for retail organized crime, and on Wednesday the Senate passed House Bill 2144, which does just that.
If passed, this bill would create a new crime called organized retail theft.
The attorney general's office said two and a half full-time positions would be needed to support the attorney general's additional responsibilities. That means hiring one legal assistant and one and a half lawyers would cost $240,000 in the first year.
Currently, the attorney general can prosecute thefts that occur in two or more counties, as well as violations of the Organized Crime Organizers Act. However, Congress added a new crime, organized retail crime, which includes any crime committed while committing organized retail theft.
The department would have concurrent jurisdiction over the crime, meaning either the department or local attorneys could prosecute such thefts. But critics say district attorneys already can request the attorney general's assistance when trying cases, and that the ability to prosecute crimes committed in the course of organized retail theft would give the office broader prosecutorial capabilities. He pointed out that he was given authority.
“The testimony we heard in the Judiciary Committee was really focused entirely on the need to combat retail organized crime, and I think that's what we really need to focus on with this bill,” Cawthorn said. said. “There may be reasons why this broad government power, this granting of prosecutorial power, is actually appropriate, but I think it needs to be introduced as a separate bill.”
In opposing the bill, the Indigent Defense Services Committee noted that the Legislature passed Senate Bill 174 last session, which gives the attorney general the power to prosecute cases of criminal activity that occur in more than one county. Pointed out what was given.
“The ink on SB 174 is barely dry. We want it to have a chance to work before we create new crimes or expand the attorney general's concurrent powers, both of which SB 415 does.” BIDS Legislative Commissioner Jennifer Ross wrote.
Kobach could suspend laws and regulations for businesses
Lawmakers are considering whether to give Kobach's office the power to suspend regulations on certain companies.
House Bill 2821 would create a Regulatory Relief Division in the Attorney General's Office to administer regulatory sandbox programs that could exempt or suspend state laws, rules and regulations for program participants.
The attorney general's office estimated that three new employees would be needed in the first year and the total cost would be $232,500. The department will hire a first assistant attorney general, an assistant attorney general and a legal assistant.
The House Commerce Committee held a hearing on the bill on March 18, and Charles Reimer, assistant legislative assistant, said the bill would “create the potential for exemptions from regulations and state laws that would hinder companies wishing to enter.” means,” he said. Propose and present some innovative product to consumers. ”
Mr. Kobach's office will also be responsible for appointing most of the advisory committees, which will be represented by the executive and legislative branches, but corporate interests will hold a majority of seats.
Rep. Patrick Penn, R-Wichita, said he introduced the bill on behalf of the Kansas Chamber of Commerce and Americans for Prosperity Kansas. “This is because there are some landscapes that are not suitable.”
Chamber of Commerce lobbyist Eric Stafford said the goal is to help innovative startups by exempting them from some regulations, but at the same time “reducing regulatory burdens that can be a drag on business.” “Other startups that have been around for a while and may be facing problems are also being helped,” he said.
Rep. Dan Osman, an Overland Park Democrat, suggested that allowing Kobach, as a member of the executive branch, to suspend legislation could pose constitutional problems.
“I think it's more like determining which laws exist or don't exist,” Osman said. “Is that a constitutional issue? Because I think that's more of a legislative power.”
How many more staff will be needed to investigate welfare fraud?
When the attorney general's office asked for expanded authority to investigate welfare fraud and to add 20 full-time employees, the Senate agreed to some of the requests.
Senate Bill 488 would allow the Office of the Inspector General, a division of the Attorney General's Office, to investigate and audit recipients of cash assistance, food stamps, and health assistance programs.
Kobach's office told lawmakers it would need $3 million in the first year to hire two inspector generals, six special agents, three analysts, five auditors, one legal assistant and an investigator. He said it will be necessary to hire three additional people, totaling 20 people.
This was in addition to the existing staff of one inspector general, three auditors, two analysts, two special investigators, and one part-time secretary.
The Senate amended the bill to limit the number of additional employees to five in the first year.
Currently, the inspector general only oversees Medicaid violations, while the Department of Children and Families is responsible for uncovering violations in food and cash welfare programs.
“DCF has a quality control staff, and as airline staff have explained, remember this is an expansion of not only the mission, but also the staff,” said Sen. Pat Petty, D-Kansas City. said.
The five additional employees would cost the state about $800,000 a year, but supporters of the bill say that will be offset by savings from detecting fraud in aid programs. That's about the same amount DCF collected from cash and food aid misappropriation in 2023.
“I have questions within this agency about why we would want to pass a bill that would expand the scope of the inspector general. We’re offering it,” Petty said.
Sen. Beverly Gossage (R-Eudora) said DCF violations rarely result in prosecution. However, the process for detecting fraud is audited by the federal government every two to three years to ensure the department is following federal and state policies. Although the bill passed, it did not have enough support to override Gov. Laura Kelly's veto.
Lawmakers are also eyeing other expansions of Kobach's power.
Lawmakers are also considering expanding the attorney general's office's staffing and authority in other areas.
Mr. Kobach proposed forming a council to approve the purchase of land larger than 10 acres. The council would include the attorney general, deputy attorney general, secretary of state, governor, and the executive director of the Kansas Bureau of Investigation, which is itself a division of the AG's office.
Senate Bill 172, the foreign land ownership bill that passed the House last week, did not follow Mr. Kobach's proposal. Instead, it completely prohibits individuals, agents, and companies from adversary nations from purchasing stock in residential properties within 250 miles of military bases, including much of Kansas.
But Rep. Louis Hsu, a Westwood Democrat, said he would continue to require individuals or businesses to register with the attorney general. And to enforce this bill, Rep. Ken Lages (R-Agra) said, “The attorney general will take you to court.”
“We're going to have some kind of hotline number or something to report that someone is violating this law,” said Rep. Jason Probst, a Hutchinson Democrat. “From there, the Attorney General's Office will begin an investigation to determine whether a violation has actually occurred.”
Lawmakers will likely appoint Kobach to lead the new drone fund.
As part of the plan to ban government agencies from purchasing drones from China, Senate Bill 271 would create a new Kansas Drone Rehabilitation Fund to be administered by the attorney general.
It requires a budget of $2.5 million, which Kobach will use to help government agencies replace their drones as well as fund university research into whether drones are spying for China. It turns out.
“It needed to be in a specific location, so we put it in the attorney general's office,” said Rep. Bill Sutton (R-Gardner).
“I don’t think there’s enough space for the attorney general,” said Rep. Henry Helgerson, D-Eastboro. “Can they get more space in the docking building? The question is, if the attorney general needs more space to store these drones, can they get the docking building? I think that”
Senate Bill 345, which deals with commercial financial transactions and required disclosures, passed the House on Tuesday.
This would give Kobach's office sole authority to enforce compliance. The attorney general's office told lawmakers it would need to hire an assistant attorney general to manage and investigate the case at a cost of $104,442.
Lawmakers considered giving Kobach new enforcement powers over hospital price transparency, but the House failed to give initial approval in a vote Tuesday.
As part of an effort to force state law to enforce federal regulations on hospital price transparency, House Bill 2825 would task the Attorney General's Office with enforcing the regulations. If hospitals don't comply with the federal government, Kobach could invoke consumer protection laws.
The attorney general's office estimates three full-time positions will be needed and the total cost will be $345,000 annually. It applies to the First Assistant Attorney General, Assistant Attorney General, and Legal Assistant.
