HomeMy WebLinkAbout2024-04-04 PL-CCI-2024-000003 Bill 121 Patti Tews From: Patti Tew
To: WPCtestimony
Subject: Testimony for Patti Tews
Date: Thursday,April 4,2024 11:10:23 AM
Re: Strong Opposition to Proposed TAR Bill 121 Due to Unconstitutional
Fines and Fees
Aloha Hawaii County Council,
I am writing to adamantly oppose Proposed TAR Bill 121, which
introduces unreasonable and unconstitutional fines, fees, and processes that
unjustly burden local TAR homeowners. The excessive application fees,
renewal fees, and fines stipulated in this bill create a severe financial strain,
particularly for lower-income residents, and are egregiously
disproportionate to the minor violations, which are in direct violation of
both our Hawaii Constitution and the United States Constitution.
Of particular concern are the fines outlined in Bill 121, daily $10,000
fines, in addition to the Director-Imposed fines at twice the highest
advertised daily rate. Such exorbitant penalties are not only unjust but are
also unconstitutional under the Eighth Amendment's prohibition against
excessive fines, and illegal under section 12 of the Hawaiian Constitution.
The imposition of fines of this magnitude, especially for very minor
infractions, violates the principles of fairness and due process enshrined in
both Constitutions. And the process for imposing fines based on neighbor
complaints is deeply flawed and susceptible to rampant abuse. This
proposed bill provides disgruntled neighbors with a free mechanism to make
false claims against homeowners, thereby penalizing homeowners with
unjust penalties and diverting valuable county resources away from genuine
concerns.
This proposed TAR Bill 121 unfairly penalizes law-abiding homeowners
and violates their constitutional rights. The fines and fees outlined in the bill
are unreasonable and unconstitutional and I urge you to reconsider the
provisions of this bill and ensure that any penalties imposed are
proportionate, fair, and in accordance with constitutional principles.
Mahalo,
Patti Tews