2024-04-24 Bill 121 Claudia Rohr OP

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From: Claudia Rohr To: W PCtesti mons Subject: Testimony for amendment to Bill 121 for the May 4,continued hearing Date: Wednesday,April 24,2024 11:39:35 AM Aloha Windward Planning Commission Chair and Commissioners- I am testifying in opposition to the excessive fines and the appeal procedures Bill 121 presents. The Eighth Amendment to the United States Constitution provides: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted." Article I, § 12 of the Hawaii Constitution provides "Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted." The protection against excessive fines guards against abuses of the government's punitive or criminal law enforcement authority, and the safeguard has been held to be fundamental to our scheme of ordered liberty with deep roots in history and tradition. This constitutional protection will be violated by the excessive, cumulative fines put in place by Bill 121. The imposition of fines occurs before any due process is afforded to the alleged violator, and could thus run into the hundreds of thousands or millions of dollars before any evidence is considered by the Board of Appeals, any hearing occurs, and an opportunity provided for the Planning Director to prove that a violation occurred which warrants such a fine. The County of Hawaii's Board of Appeals is woefully inadequate for processing cases. This violates the right to fair notice and a meaningful hearing at a meaningful time protected by the due process clauses of the United States and Hawaii constitutions. In 2022 the BOA met four times,