Campaign Spending Commission

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
February 10, 2010
10:00 a.m.

Commissioners Present:
Chair Paul Kuramoto, Vice-Chair Steven Olbrich, Gino Gabrio, Dean Robb, Michael Weaver

Staff Present:
Barbara Wong, Tony Baldomero, Grant Tanimoto, Linda Takushi, Ellen Kojima
Deputy Attorney General Robyn Chun

Call to Order:
Meeting convened at 10:00 a.m. with Chair Kuramoto presiding.

Consideration of Minutes:
Commissioner Gabrio moved to approve the minutes of the January 13, 2010 meeting as amended.  Motion seconded by Commissioner Olbrich.  Motion carried unanimously.
(Amendment – Old Business – 4^th paragraph, 1^st sentence to add after received, “or any other illegal contributions”) 

New Business:
Adoption of Proposed HAR Chapter 3-162, Hawaii County Council Comprehensive Public Funding Project
Public hearing was held on January 27, 2010 in Hilo.  No written testimony was submitted, but three people presented oral testimony at the public hearing.

Ms. Cori Saiki of the Hawaii County Clerk’s office testified that proposed rule 3-162-1 should be amended to delete wording, “or a description of the location of the residence” in subsections (a) and (b), and to add wording ““or a description of the location of the residence” to subsection (c).  If the amendment is not made, it would require that personnel from the Hawaii County Clerk’s office actually go out to the location to determine the address, which is normally already done when the voter registers.

Ms. Amy Miwa testified that the rules should specify whether campaign material from a previous campaign can used by a comprehensive publicly funded candidate and that a rule prohibiting candidates from placing an advertisement together that attacks another candidate in the same district should be added.

Ms. Shelly Ogata testified in support of the change proposed by Ms. Miwa regarding use of campaign material from a previous campaign.

Executive Director Wong explained that Act 244, Hawaii County Council Comprehensive Public Funding project, already addresses the use of campaign material from prior campaigns, and that prohibiting candidates from placing attack advertisements, even if together, might raise First Amendment concerns.  Staff recommended that proposed rules be adopted as amended following the public hearing.

Commissioner Robb moved to adopt Hawaii Administrative Rules, Chapter 3-162 as amended following public hearing.  Motion seconded by Commissioner Weaver.  Motion carried unanimously.

Resolution of Late Report Cases and Fines
Imposition of fines for several late report filers is still pending.  Executive Director Wong assured the Commission that these cases are being tracked but the Staff is awaiting advice from the attorney general’s office regarding discretion for the imposition of late report fines.

Discussion ensued regarding those that fail to file timely reports.  Associate Director Baldomero explained the process of mailing letters to late filers, posting names on the Commission website, placing the names in the newspapers, as well as tracking these filers.

Update on Legislation 2010 (HB 2003, HB 2004, HB 2249)
HB 2003 – House Judiciary passed with amendments
HB 2004 – House Judiciary passed with amendments
SB 2251 – Senate Judiciary heard and will reconvene for decision making
SB 2252 – Senate Judiciary heard and will reconvene for decision making
SB 2249 – (government contractor contribution ban) – House Judiciary passed

Executive Director Wong, noted that we have responded to a House Finance request for additional information regarding the Hawaii election campaign fund.

Vice-Chair Olbrich moved to convene an executive session to discussion personnel matters.  Motion seconded by Commissioner Gabrio.  Motion carried unanimously.

Executive session convened at 10:40 am.  Public session reconvened at 10:45 a.m.

Next Meeting:
Scheduled for Wednesday, March 10, 2010 at 10:00 a.m.

Commissioner Weaver moved to adjourn meeting.  Motion seconded by Commissioner Robb.  Motion carried unanimously.  Meeting adjourned at 10:48 a.m.