HomeMy WebLinkAbout2024-04-15 Bill 121 Kua Lani From: Ku Lani
To: LPCtestimony
Subject: bill 121 is a NO-GO
Date: Monday,April 15,2024 4:36:46 PM
Aloha Commissioners,
The proposition of imposing a $10,000 fine per
day, coupled with the threat of STVR business
license revocation or non-renewal, or even the
potential closure of a business, due to a county-
validated complaint, necessitates an exhaustive
procedural on-site forensic investigation led by
impartial third parties devoid of bias or county
affiliation for every verified complaint. The
gravity of forfeiting one's entire business and
facing license revocation demands that the level
of scrutiny and investigation to validate the
complaint matches the severity of the $10,000
per day fine or the potential closure of the
business.
For every filed complaint against a TAR owner,
an on-site comprehensive investigation must be
conducted, ensuring a fair and unbiased
assessment of the situation. TAR owners must
be granted the right to appeal any "verified
complaint" by an impartial entity unaffiliated
with the county that validated the complaint.
Furthermore, they should be afforded the
opportunity for a legal trial in a court of law,
adjudicated by their peers, before any action by
the county to close their business through
revocation or non-renewal of their STVR license
based on the validation of a verified complaint.
Accusations triggering a $10,000 daily fine
demand irrefutable evidence substantiating the
alleged offense. TAR owners cannot be
presumed culpable without a meticulous and
exhaustive inquiry into the validity and veracity
of each complaint, bolstered by indisputable
proof. Given the catastrophic ramifications of
losing their entire livelihood and having their
license revoked, investigative efforts must match
the gravity of these consequences. A thorough
forensic examination is essential to definitively
ascertain whether such a grave offense occurred,
imposing an unparalleled standard of proof
before shattering the lives of Hawaiian citizens.
The proposed fines outlined in Bill 121 for
minor infractions are not only unjustifiable but
also blatantly unconstitutional, as they violate the
Eighth Amendment of the United States
Constitution and Section 12 of the Hawaiian
Constitution, which prohibit excessive fines. By
subjecting TAR owners to crippling fines
without due process or consideration for the
severity of the alleged violations, Bill 121 stands
in direct contradiction to fundamental principles
of justice.
Moreover, the absence of economic impact
studies or market analysis regarding the effects
of Bill 121 is deeply concerning. Economic
malfeasance is evident in the County Council's
failure to conduct independent analysis before
imposing heavy regulations on a significant
portion of the housing market. This negligence
is exacerbated by the failure of the Hawaii
County Department of Research and
Development to fulfill its fiduciary duty to
residents by collecting and developing accurate
data, as mandated by its job description.
In light of these egregious violations of
constitutional rights and principles of fairness, I
urge you to reconsider your support for
Proposed TAR Bill 121 . The implications of
enacting such a punitive and unconstitutional
measure are far-reaching and could have
devastating consequences for TAR owners and
the community at large. It is imperative that the
County Council upholds its duty to protect the
rights and livelihoods of all residents by rejecting
Bill 121 and pursuing alternative solutions that
Prioritize justice and fairness.
Mahalo for your attention to this critical matter,
Kua Lani