2024-04-04 PL-CCI-2024-000003 Bill 121 Patti Tews

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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.