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Minutes for HB2391 - Committee on Elections
Short Title
Amending the governmental ethics commission act; relating to campaign finance; establishing a two-year statute of limitations; limiting subpoena power of the commission; allowing respondents to transfer hearing before presiding office under the Kansas administrative procedure act; making other amendments.
Minutes Content for Thu, Feb 16, 2023
Chairperson Proctor opened the hearing on HB 2391 and asked Jason Long, Assistant Revisor, Office of Revisor of Statutes, to review the bill. (Attachment 1)
Revisor Long answered questions.
Proponents for this bill were:
Joshua Ney, Kriegshauser, Partner, Kriegshauser Ney Law Group, stated he had been directly involved in the drafting of HB 2391. In Mr. Ney's detailed testimony, he underscored that nearly every one of the provisions in this bill is directly related to a significant due process issue or question of law that has arisen in one of my many cases before the commission over the past several years. (Attachment 2)
Bradley A. Smith, Chairman, and David Keating, President, Institute for Free Speech, appeared via WebEx. Last August, they published the Free Speech Index of the 50 states. It's the most comprehensive report ever published on state laws regulating speech about government and public policy. It's an index of how state laws and regulations treat political committees, grassroots advocacy, independent expenditures, and the like. Kansas earned a 65% score in this report. Many of the free speech deficiencies in your state's law would be addressed by this bill if some minor amendments are made to it.(Attachment 3)
Ryan Kriegshauser, Partner, Kriegshauser Ney Law Group, granted his time to other proponents. His testimony is attached. (Attachment 4)
Chengny Thao told the Committee about the nightmare Mark Skoglund, Commissioner John Solback, and the entire Governmental Ethics Commission put her and others through for the past year. She wants the Committee to fix the Commission by increasing their accountability through the law and the courts. (Attachment 5)
James Muir's testimony conveyed that he and others are in support of this bill to eliminate the uncontrolled power of a State Administrative Agency and place that power back with our elected representatives. (Attachment 6)
A question and answer period followed.
Written-only proponent testimony was provided by:
T. Chet Compton, Fleeson, Gooing, Coulson & Kitch L.L.C. (Attachment 7)
Appearing as an opponent on this bill was:
Mark Skoglund, Executive Director, Governmental Ethics Commission, opposed HB 2391 stating it is brazen legislation designed to undermine ongoing investigations, obliterate the Campaign Finance Act, eliminate any ability of a state law enforcement agency to investigate violations, and retaliate against the Commission for a major investigation. (Attachment 8)
Questions were asked by Committee members and Mr. Skoglund responded.
Written-only opponent testimony was provided by the following:
Nikki McDonald, Private Citizen (Attachment 9)
Erin Gould, Citizen (Attachment 10)
Jerome P. Hellmer, Vice Chair, Kansas Governmental Ethics Commission (Attachment 11)
Nicholas J. Hale, Chairman, Kansas Governmental Ethics Commission (Attachment 12)
Written-only neutral testimony was received from:
Attorney General of Kansas, Kris W. Kobach (Attachment 13)
There was no other testimony given or received on this bill.
Chairperson Proctor closed the hearing on HB 2391.
Announcements: Hearing next Tuesday on HB 2312, work HB 2167 and possibly work HB 2312 and HB 2391.
The meeting adjourned at 5:40 p.m.
The next scheduled meeting of the House Elections Committee is scheduled for Tuesday, February 21, 2023.
