HomeMy WebLinkAbout2024-04-03 PL-CCI-2024-000003 Bill 121 Lisa Hall Testimony From: Lisa Hall
To: W PCtesti mono
Subject: Written Testimony Vehemently OPPOSING Bill 121 Mahalo!
Date: Wednesday,April 3,2024 11:04:32 PM
Aloha Distinguished Council Members,
Did you know that Bill 121 mandates homeowners to submit a "Notarized Affidavit
UNDER PENALTY OF PERJURY"? and that
The Penalty for Perjury in Hawaii is 5 YEARS IN PRISON AND a $10,000 Fine!!
Section 25-4-16.7 of Bill 121 states:
(6) A notarized affidavit in a format determined by the director, and submitted under
penalty of perjury, that the transient accommodation rental meets health, safety, and
code requirements. AND Did you know that the "code requirements" that you are
requiring Hawaii Homeowners to swear to under the threat of Perjury is: The Hawaii
County Building Code which is comprised of: HUNDREDS OF PAGES OF TECHNICAL
BUILDING CODES WRITTEN OVER THE LAST 30 YEARS and includes: 3 SEPARATE
and DISTINCT VOLUMES. 37 CHAPTERS. and 14 SUPPLEMENTS. with ADDITIONAL
SUPPLEMENTS RELEASED BI-ANNUALLY EVERY FEBRUARY AND AUGUST?
The audacity of Bill 121 seeking to subjecting our hard working Hawaiian Ohana to 5
Years in Prison for Committing a 3rd Degree FELONY for Perjury just for running their
legally operated Short Term Vacation Rental is against everything that this Island
community stands for.
This is a very dangerous and manipulative bill that deliberately attempts to entrap
homeowners by not disclosing that the Hawaii County Code Requirements that they
are attesting, under penalty of perjury is comprised of hundreds of pages of technical
building codes written over 30 years and includes 3 VOLUMES with 37 CHAPTERS
and 14 SUPPLEMENTS. This bill is not only excessive but absurd, as it would subject
homeowners to potential felony charges for attesting to compliance with complex
and extensive building codes that are beyond the average homeowners expertise or
comprehension. It is unconscionable to impose such severe and draconian penalties
for mere administrative requirements, especially when homeowners are ill-equipped
to verify compliance with unfamiliar and intricate regulatory frameworks.
Additionally,
The proposed fines and penalties outlined in Bill 121 are disproportionately severe
and unjust. To propose that homeowners face DAILY FINES fines of $10,000, for
minor infractions, in addition to director-imposed fines at twice the highest advertised
daily rate is unconstitutional, and against the eighth amendment of the U.S.
Constitution and violates Section 12 of the Hawaii State Constitution. Such punitive
measures far exceed those imposed for criminal offenses and are grossly
disproportionate to the minor violations.
The bill's reliance on neighbor complaints as the basis for imposing fines introduces
significant potential for abuse and harassment. Innocuous activities, such as children
swimming in a pool during the day, could trigger false complaints from disgruntled
neighbors, leading to unfathomable $10,000 penalties for homeowners. This
legislation threatens to erode the very essence of Hawaiian culture and could foster
an environment where neighbors are encouraged to betray one another.
Proposed TAR Bill 121 in its entirety is fundamentally flawed, and wholly
unconstitutional.
The unreasonable affidavit requirements with potential felony charges, prison time, a
$10,000 criminal perjury fine and excessive $10,000 daily penalties as outlined in this
bill threaten the constitutional rights and financial stability of Hawaiian homeowners.
The grave penalties as proposed in Bill 121 do not serve the best interest of anyone in
our local community.
Your constituents and our Ohana deserve better than this.
Vote NO on Bill 121. With Respect and Aloha, Lisa Hall