Campaign Spending Commission

Campaign Spending Commission
Leiopapa A Kamehameha Building, Room 204
March 7, 2018
10:00 a.m.

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

Commissioners Absent
None

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

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

Consideration and Approval of Minutes of Meeting on 2/14/18
Time:  10 a.m.
Chair Luke asked for comments or changes to the minutes.
Vice Chair Goodenow sought the following amendment:

• Page 9, 3^rd paragraph after “Time: 11:43 a.m.”, 2^nd sentence, to read:  “He thought it was appropriate that Mayor Arakawa only solicited advertising, absent any other findings.”

Chair Luke called for a motion to approve the minutes as amended.

Time:  10:02 a.m.
Vice Chair Goodenow moved to approve the minutes of the 2/14/18 meeting as amended.  Motion seconded by Commissioner Markley.  Motion carried (5-0).

New Business – None

Old Business
*Consideration, Discussion, Approval, or Update of Commission Legislation/Testimony and/or Other Campaign Finance Related Bills/Resolutions for the 2018 Legislative Session
Time:  10:03 a.m.
General Counsel Kam highlighted the bills that had activity in the 2018 Legislative Session.  He reported the following on Commission bills:

• H.B. 1656, H.D. 1 → Increases the fine that may be assessed against a Super PAC for campaign spending violations.
  • 2/27/18 House FIN – Passed unamended so will crossover to the Senate.
• S.B. 2153 → Repeals the requirement that candidate committee organizational reports include the name and address of each contributor who contributed an aggregate amount of more than $100 to the candidate committee since the last election.
  • 2/20/18 Senate JDC – Passed unamended so will crossover to the House.
• S.B. 2154 → Repeals the requirement that noncandidate committee organizational reports include contributions.
  • 2/20/18 Senate JDC – Passed unamended so will crossover to the House.

As for other bills, General Counsel Kam reported the following:

• S.B. 2992, S.D. 1 → Exempts signs and banners from the advertising disclaimer requirement.
  • 2/2/18 Senate JDC – Opposed the original bill which excluded signs and banners from the definition of “advertising.” Commission staff was asked to produce comments to JDC which were provided on 2/12/18.
  • 2/20/18 Senate JDC – Passed as amended so will crossover to the House.

• H.B. 2247, H.D. 1 → Requires advertisement disclaimers on any advertisement communicated by digital means or online social media.
  • 2/22/18 House JUD → Passed as amended so will crossover to the Senate.

General Counsel Kam reported that the following Commission bills were dead for this legislative session:  H.B. 1657, H.B. 1658, H.B. 1660, S.B. 2151, S.B. 2152, S.B. 2155, and S.B. 2156.  The other bill which was not a Commission bill that was dead was H.B. 2015.

Report from the Executive Director
Report on Compliance of Filing Timely Disclosure Reports
Time:  10:07 a.m.
Executive Director Izumi-Nitao reported no new updates from the last meeting regarding the Supplemental Report covering the reporting period of 7/1/17 through 12/31/17 which was due on 1/31/18 for all candidate and noncandidate committees registered with the Commission.  She stated that the names of the committees are posted on the Commission’s website and that the committees who are not in compliance are the same ones which have been previously referred to Attorney General’s Office – Civil Recoveries Divisions for collections.

Chair Luke asked Executive Director Izumi-Nitao to explain the process behind conciliation agreements and complaints.  Executive Director Izumi-Nitao reported how conciliation agreements and complaints for late reports are processed at the Commission.

Update on Upcoming Training
Time:  10:18 a.m.
Executive Director Izumi-Nitao reported that there will be an OIP Sunshine Law Training with State Ethics Commission on 4/11/18 at 1:00 p.m., and an HRS Chapter 91 Contested Case Training on 5/23/18 at 1:00 p.m. with DCCA Hearings Officer Craig Uyehara with the State Ethics and Honolulu Ethics Commissions.

EXECUTIVE SESSION
Chair Luke asked for a motion to convene Executive Session to consider and approve Executive Session minutes from the Commission meeting on 2/14/18.

Time:  10:20 a.m.
Commissioner Markley moved to convene in Executive Session for the aforementioned reason(s).  Motion seconded by Vice Chair Goodenow.  Motion carried (5-0).

Public Session reconvened at 10:30 a.m.

Vice Chair Goodenow moved to adjourn the meeting.  Motion seconded by Commissioner Markley.  Motion carried (5-0).  Meeting adjourned at 10:30 a.m.

Next Meeting:
Scheduled for Wednesday, April 11, 2018.