Minutes for April 14, 2004

Campaign Spending Commission Meeting
Leiopapa A Kamehameha Building, Room 204
April 14, 2004
10:00 a.m.

Members Present:
A. Duane Black, Steven Olbrich, Gino Gabrio, Paul Kuramoto

Staff Present:
Robert Watada, Grant Tanimoto, Ellen Kojima

Gary Kam, Deputy Attorney General

Call to Order:
Meeting convened at 10:00 a.m. with Chairman Black presiding.

Consideration of Minutes:
Mr. Gabrio moved to accept the minutes of March 10, 2004, Mr. Kuramoto seconded. Motion carried.

New Business:
Conciliation Agreement 04-04 Jeffrey Wong and NTW Associates, Inc.
Earlier in 2003 parties were fined $19,000 for false name contributions. Subsequent investigation found that employees had been given tickets to make contributions to the Harris campaign with the understanding that they would eventually be reimbursed for their contributions. Staff recommends a fine of $2,000 for false name contributions.

Mr. Kuramoto moved to approve the conciliation agreement, Mr. Gabrio seconded. Motion carried.

Conciliation Agreement 04-05 Architecture Plus, Inc. and Gary Kawakami
Architecture Plus made a contribution through a family to the Cayetano campaign. Staff recommends a fine of $1,000 for a false name contribution.

Mr. Gabrio moved to approve the conciliation agreement, Mr. Kuramoto seconded. Motion carried.

Conciliation Agreement 04-06 Lyon Associates, Inc. and Frank E. Lyon, Jr.
In 1998, Frank Lyon informed the Commission that an excess contribution was made to the Cayetano campaign. The Cayetano campaign was advised of the excess contributions and asked that the excess escheat to the Hawaii election campaign fund. A review of the Harris disclosure reports, found that Lyon made an excess contribution of $4,000. Staff recommends a fine of $500 for making an excess contribution.

Mr. Gabrio moved to approve the conciliation agreement, Mr. Kuramoto seconded. Motion carried.

Draft Advisory Opinion 04-01 Contribution Limits for Committee Members
Request was made for an advisory opinion as to whether it allowable to a person to be an officer of two noncandidate committees that make contributions to candidates. Draft advisory opinion reiterates the language of the law, which is that a person cannot be an officer of two different noncandidate committees that make contributions to candidates.

Mr. Kuramoto moved to approve draft advisory opinion 04-01, Mr. Gabrio seconded. Motion carried.

Communication to Commission:
Legislation
SB 3104 - Continue to oppose, current program should be fixed instead of creating a new program.

SB 3030 - Deferred in the House, but will be going to conference committee with bill from last session that was vetoed.

HB 267 - Administratively attaches the Commission to DAGS, but the bill makes it clear that the office is independent of DAGS.

• Work progressing on the noncandidate filing system.

Next Meeting:
Scheduled for Wednesday, May 12, 2004 at 10:00 am.

Mr. Kuramoto moved to convene executive session, Mr. Gabrio seconded. Motion carried.

Public session reconvened, no further business to discuss, meeting adjourned.