SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2079
As Amended by Senate Committee on Ways
and Means

Brief*
HB 2079, as amended, would transfer certain duties
from the Secretary of State to the Attorney General.
The bill would amend the Charitable Organizations and
Solicitations Act (Act) to transfer responsibilities related to
registration under the Act from the Secretary of State to the
Attorney General. The Attorney General would have authority
to adopt rules and regulations necessary for administration of
the Act, and all rules and regulations, orders, directives, and
standards of the Secretary of State relating to the Act in effect
on June 30, 2021, would be deemed to be those of the
Attorney General and would continue to be effective until
amended, revoked, or nullified pursuant to law. Similarly, all
reciprocal agreements entered into by the Secretary of State
relating to the Act in effect on June 30, 2021, would be
deemed to be entered into by the Attorney General and would
continue to be effective until amended, revoked, or nullified
pursuant to law. The bill would create a new section in the Act
transferring legal custody of all records, memoranda, writings,
entries, prints, representations, or combinations thereof, of
any act, transaction, occurrence, or event relating to the Act
from the Secretary of State to the Attorney General.
The bill would prohibit a state agency or state official
from imposing annual filing or reporting requirements on a
private foundation or charitable trust that are more stringent,
restrictive, or expansive than the requirements outlined in
state and federal law.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill would increase the charitable organization
registration fee from $20 to $25 and would add a registration
or renewal fee of $25 for every professional fundraiser and
professional solicitor required to register with the Attorney
General under the Act. The bill would create in the State
Treasury the Charitable Organizations Fee Fund (Fund), to
which the Attorney General would remit all moneys received
pursuant to the Act. The bill would state moneys in the Fund
are to be used by the Attorney General to carry out the
provisions and purposes of the Act, and the bill would specify
how moneys are to be credited to the Fund and how
expenditures are to be made from the Fund.
The bill would amend the State Governmental Ethics
Law, in a provision regarding solicitation, to reflect the
transfer of duties under the Act.
The bill also would amend statutes regarding a
substitute mailing address program (“Safe at Home” program)
for certain victims of domestic violence, sexual assault,
human trafficking, or stalking, to transfer responsibility for
administering the Safe at Home program from the Secretary
of State to the Attorney General. Related rules and
regulations authority (except for that relating to voting
procedures) would be transferred, and the bill would deem all
rules and regulations, orders, directives, and standards of the
Secretary of State relating to the Safe at Home program
(except for those prescribing voting procedures) in effect on
June 30, 2021, to be those of the Attorney General, and they
would continue to be effective until amended, revoked, or
nullified pursuant to law. Similarly, the bill would transfer legal
custody of all records, memoranda, writings, entries, prints,
representations, or combinations thereof of any act,
transaction, occurrence, or event relating to the Safe at Home
program (except for those relating to voting procedures) to
the Attorney General. The bill would add an exception to the
provision prohibiting the making of any records in a Safe at
Home program participant’s file available for inspection or
copying; this exception would allow disclosure to the
Secretary of State if requested by the Secretary of State for
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election purposes, in accordance with procedures prescribed
by rules and regulations.
The bill would also make technical amendments
throughout to ensure consistency in statutory phrasing and
references.

Background
HB 2079 was introduced by the House Committee on
Judiciary at the request of the Office of the Attorney General.
As introduced, HB 2079 contained the provisions transferring
the Safe at Home program.
House Committee on Judiciary
In the House Committee hearing, representatives of the
Office of the Attorney General and the Office of Secretary of
State testified as proponents, stating the bill was a joint
effort between the two offices, and the Safe at Home program
would be a better fit in the Office of the Attorney General.
No other testimony was provided.
The House Committee amended the bill to add the
language of 2021 HB 2080, to transfer duties from the
Secretary of State to the Attorney General that are related to
the Act.

Senate Committee on Ways and Means
In the Senate Committee hearing, the Attorney General
testified as a proponent, stating the Act currently requires
certain charitable organizations, professional fundraisers, and
professional solicitors to register with the state and to
disclose financial contributions from those entities. The
Attorney General further indicated the Office of the Secretary
of State currently manages that registration process and,
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unlike when the Act was first enacted in 1988, the Office of
the Attorney General now manages a variety of registration
programs. Additionally, the Attorney General outlined the
efficiencies in operations and effectiveness that would come
with consolidating those responsibilities.
A representative of the Office of the Attorney General
also testified as a proponent, stating the Safe at Home
program that currently resides in the Office of the Secretary of
State would be better suited in the Victim Services Division of
the Office of the Attorney General, because the Division has
specialized staff that work with victims of crime, and it
currently provides victims of domestic violence, sexual
assault, human trafficking, or stalking with resources to obtain
and use a confidential address to receive mail or service of
process.
A representative of the Office of the Secretary of State
also provided proponent testimony, indicating the Office
serves only as the Safe At Home program administrator
under current law, with no oversight or enforcement
capabilities. The representative stated the Office of the
Attorney General would be a better fit for the Safe at Home
program and responsibilities in the Act because of its capacity
to work with the communities served by those programs.
Lastly, a representative of The Philanthropy Roundtable
testified as a proponent, stating the Office of the Attorney
General has the expertise and resources to manage the
responsibilities that would be transferred to it.
No other testimony was provided.
The Senate Committee amended the bill based on a
suggestion by The Philanthropy Roundtable to add a
provision prohibiting imposition of certain annual filing or
reporting requirements.


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HB 2080 (Charitable Organizations and Solicitations Act)
HB 2080 was introduced by the House Committee on
Judiciary at the request of the Office of the Attorney General.
House Committee on Judiciary
In the House Committee hearing, the Attorney General
and a representative of the Secretary of State testified as
proponents of HB 2080, stating the bill was the result of
conversations between the two offices, and it would increase
efficiency and effectiveness.
No other testimony was provided.

Fiscal Information
HB 2079 (Safe at Home Program)
According to the fiscal note prepared by the Division of
the Budget on HB 2079 as introduced, enactment of the bill
would save the Office of the Secretary of State approximately
$4,400 per year, based on FY 2020 actual expenditures for
the Safe at Home program. The Office of the Attorney
General indicates costs of housing the Safe at Home program
within its Victim Services Division could be absorbed within
existing resources.
Any fiscal effect associated with enactment of HB 2079
is not reflected in The FY 2022 Governor’s Budget Report.
HB 2080 (Charitable Organizations and Solicitations Act)
According to the fiscal note prepared by the Division of
the Budget on HB 2080, enactment of the bill would reduce
State General Fund revenues by $89,075, because current
registration and related fees would no longer be received,
and the new registration fees would be deposited into the
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Charitable Organizations Fee Fund, which the Office of the
Attorney General estimates would receive $128,225 from the
registration fees.
The Office of the Attorney General states this revenue
would be used to manage the registration program and
enforcement expenses associated with the Act. The Office
would require 1.0 FTE position to manage the Safe at Home
program, at a cost of $73,363 annually for salary and
benefits. The Office anticipates additional annual expenses of
$15,765 for other expenses, except for $2,839 used for one-
time start-up costs. The remaining revenues would be used to
offset a portion of the salary and wage expenditures of
investigators and attorneys who currently investigate and
enforce violations of the Act or to increase public awareness
and education regarding fraudulent charities and the Act.
Any fiscal effect associated with enactment of HB 2080
is not reflected in The FY 2022 Governor’s Budget Report.
Attorney General; Secretary of State; Safe at Home program; Charitable
Organizations and Solicitations Act; Charitable Organizations Fee Fund


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Statutes affected:
As introduced: 75-451, 75-452, 21-5426, 75-453, 75-454, 75-455, 75-456, 75-458, 75-457
As Amended by House Committee: 17-1759, 17-1762, 47-1701, 17-1763, 17-1764, 17-1765, 17-1766, 17-1769, 17-1771, 17-1772, 46-236, 75-451, 75-452, 21-5426, 75-453, 75-454, 75-455, 75-456, 75-458, 75-457
As Amended by Senate Committee: 17-1759, 17-1762, 47-1701, 17-1763, 17-1764, 17-1765, 17-1766, 17-1769, 17-1771, 17-1772, 46-236, 75-451, 75-452, 21-5426, 75-453, 75-454, 75-455, 75-456, 75-458, 75-457
{As Amended by Senate Committee of the Whole}: 17-1759, 17-1762, 47-1701, 17-1763, 17-1764, 17-1765, 17-1766, 17-1769, 17-1771, 17-1772, 46-236, 75-451, 75-452, 21-3446, 21-5426, 75-453, 21-5824, 75-454, 75-455, 75-456, 75-458, 75-457, 75-759