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From: Lisa Hall <br /> To: W PCtesti mono <br /> Subject: Written Testimony Vehemently OPPOSING Bill 121 Mahalo! <br /> Date: Wednesday,April 3,2024 11:04:32 PM <br /> Aloha Distinguished Council Members, <br /> Did you know that Bill 121 mandates homeowners to submit a "Notarized Affidavit <br /> UNDER PENALTY OF PERJURY"? and that <br /> The Penalty for Perjury in Hawaii is 5 YEARS IN PRISON AND a $10,000 Fine!! <br /> Section 25-4-16.7 of Bill 121 states: <br /> (6) A notarized affidavit in a format determined by the director, and submitted under <br /> penalty of perjury, that the transient accommodation rental meets health, safety, and <br /> code requirements. AND Did you know that the "code requirements" that you are <br /> requiring Hawaii Homeowners to swear to under the threat of Perjury is: The Hawaii <br /> County Building Code which is comprised of: HUNDREDS OF PAGES OF TECHNICAL <br /> BUILDING CODES WRITTEN OVER THE LAST 30 YEARS and includes: 3 SEPARATE <br /> and DISTINCT VOLUMES. 37 CHAPTERS. and 14 SUPPLEMENTS. with ADDITIONAL <br /> SUPPLEMENTS RELEASED BI-ANNUALLY EVERY FEBRUARY AND AUGUST? <br /> The audacity of Bill 121 seeking to subjecting our hard working Hawaiian Ohana to 5 <br /> Years in Prison for Committing a 3rd Degree FELONY for Perjury just for running their <br /> legally operated Short Term Vacation Rental is against everything that this Island <br /> community stands for. <br /> This is a very dangerous and manipulative bill that deliberately attempts to entrap <br /> homeowners by not disclosing that the Hawaii County Code Requirements that they <br /> are attesting, under penalty of perjury is comprised of hundreds of pages of technical <br /> building codes written over 30 years and includes 3 VOLUMES with 37 CHAPTERS <br /> and 14 SUPPLEMENTS. This bill is not only excessive but absurd, as it would subject <br /> homeowners to potential felony charges for attesting to compliance with complex <br /> and extensive building codes that are beyond the average homeowners expertise or <br /> comprehension. It is unconscionable to impose such severe and draconian penalties <br /> for mere administrative requirements, especially when homeowners are ill-equipped <br /> to verify compliance with unfamiliar and intricate regulatory frameworks. <br /> Additionally, <br /> The proposed fines and penalties outlined in Bill 121 are disproportionately severe <br /> and unjust. To propose that homeowners face DAILY FINES fines of $10,000, for <br /> minor infractions, in addition to director-imposed fines at twice the highest advertised <br /> daily rate is unconstitutional, and against the eighth amendment of the U.S. <br /> Constitution and violates Section 12 of the Hawaii State Constitution. Such punitive <br /> measures far exceed those imposed for criminal offenses and are grossly <br />