2024-04-01 PL-CCI-2024-000003 Bill 121 Albert Bertha Testimony

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From: Albert Bertha To: WPCtestimonv Cc: Brian Bertha Subject: Necessary Amendment to Owner Consent requirement in Bill 121 Date: Monday,April 1,2024 4:03:57 PM Aloha Members of the Windward Planning Commission, We are writing to you as Al and Brian Bertha, business owners who have invested both time and resources into the fabric of the Hawaii County economy through our hosted short-term rental operations. We wish to bring to your attention a specific element of Bill 121 that, if not amended, could inadvertently impose cumbersome procedural requirements on business owners like us. Specifically, section Section 25-4-17.1(a)(1)that reads: "Obtain written consent from all owners or operators of transient accommodation rentals for the disclosure of the information required by the director; " The proposed legislation mandates written consent from "all owners" of transient accommodation rentals. While we understand and respect the spirit of ensuring full ownership consent, the reality of business operations often designates legally authorized individuals to act on behalf of all owners. The existing language within the bill does not recognize this common practice and could lead to unnecessary delays and bureaucratic inefficiencies. Our business structure, like many others, has clear designations for decision-making authority, where individuals such as ourselves are entrusted with the legal authority to sign and consent to regulatory requirements. This approach streamlines our operations and allows us to respond promptly to market and regulatory changes, ultimately serving our guests and community better. To address this, we propose a simple yet crucial amendment: to allow individuals who have been legally authorized by their respective businesses to provide consent on behalf of all owners. Such an amendment would reflect the operational realities of modern businesses and align the bill with standard business practices. This change would not dilute the intent of the regulation. It is a testament to trust in the governance structures businesses have in place and an acknowledgment of the need for agility in business responses. We kindly urge the Commission to consider this amendment to foster an environment that supports the efficient operation of businesses contributing to the hospitality and tourism sector, which is a cornerstone of our island's economy. We have second homes in other locations and we have designated property managers. In hawaiim this person is most often a local and employs locals in the efforts to keep the tourism business vital and growing. Warm regards, Albert Bertha BBCI LLC