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HomeMy WebLinkAboutREP GRC 020 09/18/2012 2010-2012 REPORT OF THE COMMITTEE ON GOVERNMENTAL RELATIONS DATE: September 18, 2012 Re: Comm. No. 787/Res. No. 280-12 PLACE: West Hawai`i Civic Center Kailua-Kona, Hawai`i TIME: 3:50 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Governmental Relations, to which was referred Resolution No. 280-12, reports as follows: Resolution No. 280-12, transmitted by Council Member Brittany Smart, via Communication 787, dated July 13, 2012, urges the State Legislature to take immediate action to adequately fund the Hawai`i Campaign Spending Commission and a statewide comprehensive program upon convening the 2013 legislative session, and that the Council of the County of Hawai`i supports Legislative efforts to expand comprehensive public funding throughout the state. Chair Pilago informed the committee of Communication 787.1 from Kristin Izumi-Nitao, Executive Director, State of Hawai`i Campaign Spending Commission, which expresses concerns in expanding the comprehensive public funding program statewide when it does not have the proper funding or staff to run the program. Ms. Smart responded that she introduced the resolution to ask the State to fund the program on behalf of Voter Owned Elections, and explained that the reason for it is because the Campaign Spending Commission is spending more money than it is taking in under the current program which is being funded voluntarily by people checking a box on their property tax to direct $3.00 into the fund. The resolution is asking for additional money to be put into the fund by the State. Mr. Ikeda stated he was a beneficiary of the public funding in his campaign but would like to see a more even distribution of money to each council district, and have a limit on the amount that can be spent by any one candidate. He stated that he is not sure he can support it, although he did benefit from it, because the State might be running out of money. Mr. Hoffmann agreed with Mr. Ikeda that we should have a limit on campaign spending. He expressed support for the resolution because it is a step in the right direction and believes there should be a limit for different races when the Legislature considers it for statewide elections. Ms. Ford agreed with Mr. Ikeda and stated that when originally written it was to be limited to $10,000 for each candidate. This amount could be higher, but it should be equal across the board. She expressed support for the resolution to ask the State to fund the program. Mr. Yoshimoto agreed with Ms. Ford and Mr. Ikeda that public funding is an important tool. He expressed concern with each district not having the same amount of money, and suggested amending the resolution by adding that in the next election cycle, all nine districts would have the same amount of money. He stated that expanding it to a statewide basis would be good in that it would give people choices, as more candidates will seek office. GRC Report No. 20 GRC-20 Page 2 September 18, 2012 the same amount of money. He stated that expanding it to a statewide basis would be good in that it would give people choices, as more candidates will seek office. Mr:Yagong thanked Ms. Smart for bringing the resolution forward and agreed with the approach. The main purpose is to get the adequate funding first and then bring forward legislation to address the distribution of the funds. Mr. Onishi stated that more money is going out of the fund than is going into the fund and asked Ms..Smart if she had thought about how to get support from the Legislature for the extra money. He stated that right now the law states that money comes into the fund from people checking the box on their property tax bill, and unless there is a change in the law, that's where the money has to come from. He also testified to the State Legislature to distribute the funds equally between the districts. Mr. Blas stated he would agree with the resolution if there is money from the state and equal amounts given to each district. Mr. Yoshimoto reiterated that since this is the second cycle of the pilot program, this would be a good opportunity to let the Legislature know our thoughts on how to make the program better. He cited the even distribution of funds between all nine districts as well as addressing the first come first serve clause. Ms. Smart agreed to add language making distribution of funds equal to all districts and asked Ms. Yoshimoto to help with language to allow candidates equal opportunity to access the funds. Mr. Ikeda stated that he could support the resolution if those amendments are made. Chair Pilago explained that Act 244, implemented in 2010, is operative for the election cycle 2012 and 2014. It is specific to Hawai`i County Council. The resolution is asking that it be a statewide program, but Hawai`i County has a different districting system from the other counties. The Campaign Spending Commission should go through the last two cycles and then a review process, which should happen before resolving it for statewide elections and suggested requesting an interim review before the 2014 election. At the July 31, 2012 meeting,Ms. Smart moved to postpone Comm. 787/Res.No. 280-12 to the August 14, 2012 Governmental Relations Committee meeting. Due to technical difficulties at the August 14, 2012 meeting, all items were postponed to the September 5, 2012 Governmental Relations Committee meetings. At the September 5, 2012 meeting, Ms. Smart stated that Communication 787.5 was distributed to Council Members for review although not yet on the floor for discussion. Ms. Smart was contacted by Voter Owned Elections, who requested that the matter be postponed for further research on some of the points brought up by the council. Ms. Smart stated that there may be further amendments and suggested postponing the matter. Chair Pilago asked Ms. Smart if she intended to amend Resolution 280-12 with Communication 287.5. Ms. Smart reiterated that she did not intend to amend at this time. Chair Pilago suggested that the committee should not be discussing it unless a motion is made to amend. GRC-20 Page 3 September 18, 2012 Ms. Smart moved to amend Resolution 280-12 with the contents of Communication 287.5; seconded by Mr. Hoffmann. Ms. Smart explained that it was problematic that different council races were not equal in receiving funds, so that is part of the amendment. The amendment also adds the date when the program is set to expire. There was concern that by spreading the program statewide, that it may jeopardize Hawai`i County's program, so language is added to protect the program. Another point is to urge the legislature to put campaign spending caps on non-publicly funded campaigns, but found that would be a violation of the constitution regarding freedom of speech. There are further amendments to be brought forward at a later date. Mr. Hoffmann stated that a problem has surfaced for a candidate using the comprehensive public funding in a race where the prior candidate was elected in the primary election and did not have to run in the general election. In this case, no additional funds are available for the next candidate who may have both a primary election and a run-off in the general election. Mr. Yagong noted that although there will be additional amendments brought forward, the amendment currently before the committee should be voted on,and then a motion made to postpone. He will support the amendment as presented. Mr. Onishi stated that the Supreme Court in Arizona ruled that equalization funding was unconstitutional. This prompted some councilmembers to ask the Legislature to look at the public funding pilot project, because there were flaws in it that would become problems later. The Legislature did not do anything, and now we are seeing some of those problems. Ms. Ford said she is in support of the amendment,but found a problem in the clause that says the Public Funding Program is set to expire in 2014. There is supposed to be three election cycles; 2010, 2012 and 2014. If set to expire in 2014, it implies January 1, 2014 and that is not correct. It should state that it expires after the general election in 2014. Ms. Smart stated that she would rather not vote on the amendment at this time, since there will be additional measures brought forward to amend the resolution. Mr. Yoshimoto suggested modifying the language to equalize the funding for all districts and also agreed with Ms. Ford regarding the end date for the program. He also suggested changing the request for expanding the program statewide until after the pilot program is completed. Initially the law was written for just three election cycles, as a pilot program, and then to determine what problems need to be fixed. At the September 5, 2012 meeting, Ms. Smart moved to postpone Comm. 787.5 to the September 18, 2012 Governmental Relations Committee meeting. The motion was unanimously carried. At the September 18, 2012 meeting Ms. Smart withdrew Comm. 787.5 and moved to amend Resolution 280-12 with the contents of Comm. 787.6 which would replace all other amendments. The amendment is more specific with regards to the equalizing of funds in each district. Ms. Smart asked Tony Baldomero to come forward.