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From: David Hall <br /> To: LPCtestimonv <br /> Subject: NO to Bill 121 <br /> Date: Monday,April 15,2024 4:23:15 PM <br /> Aloha Respected Chairmen, <br /> I am writing to express my strong opposition to Proposed TAR Bill 121, as a native <br /> Hawaiian. This bill flagrantly violates the Eighth Amendment's prohibition against excessive <br /> fines. The provisions it lays out impose fines of $10,000 per day for minor infractions <br /> related to transient accommodation rental (TAR) properties. This constitutes a severe <br /> overreach of governmental authority,jeopardizing the constitutional rights and financial <br /> stability of TAR owners. <br /> The fines outlined in Bill 121 are unjustifiably severe and disproportionately harsh for the <br /> minor offenses they address. TAR owners could face exorbitant fines for infractions as <br /> trivial as exceeding occupancy limits or improperly parking, which is inherently unjust. <br /> Unlike fines for felony criminal offenses, intended to deter unlawful behavior and ensure <br /> public safety, those proposed in Bill 121 serve no legitimate purpose beyond imposing <br /> financial hardship and punitive measures on TAR owners. <br /> These fines pose an imminent threat to TAR owners' livelihoods and financial well-being. <br /> Cumulative fines could quickly escalate to tens of thousands of dollars per day, leading to <br /> catastrophic financial ruin and potentially even loss of property. <br /> Such punitive measures blatantly disregard principles of fairness and due process <br /> enshrined in both the Eighth Amendment of the United States Constitution and the <br /> Hawaiian Constitution, section 12. <br /> Penalizing homeowners who contribute positively to the community through job creation <br /> and tax payments is counterproductive. TAR activities already contribute significantly to tax <br /> revenue, and fines exceeding those imposed on violent criminals are unjustifiable. <br /> Furthermore, the fines proposed in Bill 121 far exceed those outlined in existing regulations, <br /> raising serious motivational concerns and highlighting the need for the bill's <br /> reconsideration. <br /> In light of these constitutional concerns, I urge you to reject Bill 121 entirely, considering its <br /> grave implications for our community. <br /> Thank you for your attention to this matter. <br /> Dave Hall <br />