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Attorney General's office opposes proposal to centralize contractor-fraud prosecutions in S.183
Summary
Testimony from the Attorney General’s Office opposed a proposal to move roughly 80 contractor-fraud cases from local state's attorneys to the AG's office. The AGO warned the change would remove local discretion, strain AGO capacity (about five criminal attorneys), and not guarantee faster prosecutions; committee agreed to hear additional testimony before deciding.
During consideration of S.183 on Feb. 18, the committee examined a proposed committee amendment and a separate policy idea: shifting about 80 contractor-fraud prosecutions from local state's attorneys offices to the state Attorney General’s Office.
Michelle Child of the Office of Legislative Counsel described draft 2.1 and a drafting change tied to 'change orders' in contract law that was suggested by the Attorney General’s Office. Senators asked for clarification on written-vs-oral contract thresholds and on registry requirements for residential contractors (statutory written-contract threshold discussed at $10,000).
Todd Delos, assistant attorney general, testified that the AGO opposes centralizing these prosecutions. “We continue in opposition of this change,” Delos said, noting the AGO currently has roughly five criminal attorneys and does not carry a comparable criminal caseload in this area; transferring the cases, he said, would remove discretion from local prosecutors, create logistical burdens for travel and local coordination, and would not necessarily speed case resolution. Delos said the AGO’s consumer division does civil fraud work but that criminal prosecution is housed in a separate criminal division.
Committee members raised practical questions about victim access, travel and local relationships if the AGO prosecuted matters in far-flung counties. Delos replied that local law enforcement would handle investigations and that virtual technology could be used for some proceedings, but he cautioned that in-person meetings with victims may still be necessary.
The committee agreed to request further testimony — including from the state's attorneys and from Erica Marthage if available — and to rehear the issue next week before deciding whether to pursue the jurisdictional change as part of S.183 or in related legislation (S.94 was cited as related policy).
