Campaign Spending Commission

Campaign Spending Commission
Leiopapa A Kamehameha Building, Room 204
July 10, 2019
10:00 a.m.

Commissioners Present
Bryan Luke, Gregory Shoda, Stanley Lum, Maryellen Markley, Ph.D.

Staff Present
Kristin Izumi-Nitao, Tony Baldomero, Gary Kam, Yayoi Tumamao
Deputy Attorney General Valri Kunimoto

Call to Order
Chair Luke called the meeting to order at 10:02 a.m.

Consideration and Approval of Minutes of Meeting on 6/12/19
Chair Luke asked for comments or changes to the minutes.  There were none.  Chair Luke called for a motion to approve the minutes.

Vice Chair Shoda moved to approve the minutes of the 6/12/19 meeting.  Motion seconded by Commissioner Lum.  Motion carried (4-0).

New Business – None

Old Business
*Discussion and/or Update of Commission Legislation and Other Campaign Finance Related Bills/Resolutions for the 2019 Legislative Session
General Counsel Kam informed the Commission of the status of the Commission’s bills and other campaign finance related bills for the 2019 legislative session.

• S.B. 138 – Governor Ige signed on 7/2/19 as Act 241. This bill was introduced on behalf of the Commission.  Requires an October 1^st report for candidate committees and added another report on April 30^th for candidate committees whose candidates file nomination papers by April 25^th of the election year.

• S.B. 197 – Governor Ige signed on 6/21/19 as Act 107. Allows donations to charities and full-time scholarship awards if the candidate wins outright or loses in the primary election.  Charitable donations are currently prohibited during the period from the filing of nomination papers through the general election.  Full-time scholarship awards are currently prohibited from the nomination paper filing deadline through the general election.

Report from the Executive Director
Report on Compliance of Filing Timely Disclosure Reports
Executive Director Izumi-Nitao stated that there were no new updates to prior reports.  She said that committees that failed to file prior reports have been referred to the Attorney General’s office.

With respect to compliance on prior matters before the Commission, Executive Director Izumi-Nitao and General Counsel Kam reported the following:

• Kaniela Ing – Respondent has been making fine payments and the amended reports are in the process of being reviewed.

• Trinette Furtado – Parties are currently in a contested case proceeding. Judge Victoria S. Marks was procured to serve as the Administrative Hearings Officer in this case.

Presentation and Discussion of 2019 July CSC Newsletter
Executive Director Izumi-Nitao summarized the contents of the 2019 CSC Newsletter.  She reported that the target distribution date is 7/11/19.  The newsletter will be distributed via e-blast and posted on the Commission website, Facebook and Twitter pages.

Chair Luke asked if committee trainings have been scheduled.  Executive Director Izumi-Nitao responded that trainings will not be scheduled until next year.  Training schedule will be announced in January 2020.

Discussion ensued about whether the Commission could require committees to attend trainings either in place of a fine or in addition to a fine.  General Counsel Kam informed the Commissioners that since the fining authority is discretionary on their part, it may be a possibility.  However, trainings are not specified in the statute as a remedy and they are not always scheduled.   Commissioner Lum commented that trainings could be perceived as punitive if they are forced upon them.  He suggested providing new committees with information about what is required of them at the time of registration.  Executive Director Izumi-Nitao agreed and responded that she will revisit Commission staff’s first contact with newly registered committees.

Update on the Status of the Appointment of New Commissioners
Executive Director Izumi-Nitao reported that on 7/9/19, she was notified by Ms. Sharon Ibarra, Director of Boards and Commissions, that the Governor reappointed Chair Luke to serve on the Commission for another 4-year term, effective immediately to June 30, 2023.  The Governor also appointed Mr. Russell Tsuji to serve on the Commission for a 4-year term, effective immediately to June 30, 2023.

EXECUTIVE SESSION
Chair Luke asked for a motion to convene Executive Session to: 1) Consider and approve Executive Session minutes from the Commission meeting on 6/12/19; and 2) Pursuant to HRS §92-5(a)(4), to consult with the Commission’s attorneys on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities regarding McGee v. Campaign Spending Commission and Friends of Calvin Say.

Commissioner Markley moved to convene in Executive Session for the aforementioned reason(s).  Motion seconded by Vice Chair Shoda.  Motion carried (4-0).

*Public Session reconvened at 10:55 a.m.

Commissioner Markley moved to adjourn the meeting.  Motion seconded by Vice Chair Shoda.  Motion carried (4-0).

Meeting adjourned at 11:00 a.m.

Next Meeting:
Scheduled for Wednesday, August 14, 2019 at 10 a.m.