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HomeMy WebLinkAbout2024-04-15 Bill 121 Dave Hall From: David Hall To: LPCtestimonv Subject: NO to Bill 121 Date: Monday,April 15,2024 4:23:15 PM Aloha Respected Chairmen, I am writing to express my strong opposition to Proposed TAR Bill 121, as a native Hawaiian. This bill flagrantly violates the Eighth Amendment's prohibition against excessive fines. The provisions it lays out impose fines of $10,000 per day for minor infractions related to transient accommodation rental (TAR) properties. This constitutes a severe overreach of governmental authority,jeopardizing the constitutional rights and financial stability of TAR owners. The fines outlined in Bill 121 are unjustifiably severe and disproportionately harsh for the minor offenses they address. TAR owners could face exorbitant fines for infractions as trivial as exceeding occupancy limits or improperly parking, which is inherently unjust. Unlike fines for felony criminal offenses, intended to deter unlawful behavior and ensure public safety, those proposed in Bill 121 serve no legitimate purpose beyond imposing financial hardship and punitive measures on TAR owners. These fines pose an imminent threat to TAR owners' livelihoods and financial well-being. Cumulative fines could quickly escalate to tens of thousands of dollars per day, leading to catastrophic financial ruin and potentially even loss of property. Such punitive measures blatantly disregard principles of fairness and due process enshrined in both the Eighth Amendment of the United States Constitution and the Hawaiian Constitution, section 12. Penalizing homeowners who contribute positively to the community through job creation and tax payments is counterproductive. TAR activities already contribute significantly to tax revenue, and fines exceeding those imposed on violent criminals are unjustifiable. Furthermore, the fines proposed in Bill 121 far exceed those outlined in existing regulations, raising serious motivational concerns and highlighting the need for the bill's reconsideration. In light of these constitutional concerns, I urge you to reject Bill 121 entirely, considering its grave implications for our community. Thank you for your attention to this matter. Dave Hall