{"id":2760,"date":"2023-03-15T02:26:32","date_gmt":"2023-03-15T12:26:32","guid":{"rendered":"https:\/\/countrytalkstory.com\/?p=2760"},"modified":"2023-03-15T02:26:32","modified_gmt":"2023-03-15T12:26:32","slug":"my-written-testimony-to-public-safety-intergovernment-military-affairs-cpm","status":"publish","type":"post","link":"http:\/\/countrytalkstory.com\/?p=2760","title":{"rendered":"My written testimony to Public Safety & Intergovernment & Military Affairs (CPM)"},"content":{"rendered":"\n

KILL HB 538<\/a> <\/strong>–\u00a0 ( also HB 15\u00a0 & SB 875)<\/p>\n\n\n\n

You can register<\/a> testimony to OPPOSE HB538<\/strong> or SUPPORT HB 538.<\/p>\n\n\n\n

The committee(s) on PSM <\/a>has scheduled a public hearing on 03-17-23 3:02PM;<\/strong> Conference Room 225 & Videoconference<\/p>\n\n\n\n

Measure Title:<\/td>RELATING TO RESIDENTIAL REAL PROPERTY.<\/td><\/tr>
Report Title:<\/td>Residential Real Property; Counties; Zoning Violation; Penalties<\/td><\/tr>
Description:<\/td>Establishes penalties for failure to remediate violations, including  fines and, under circumstances, foreclosure. Effective 6\/30\/3000. (HD1)<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Aloha to all,<\/strong><\/p>\n\n\n\n

I know you have too much to read and digest in such a short time. 3132 bills for this session is insane! Which human can carefully analyze all these bills carefully for decision-making and study its overall impacts, unforeseen or unintended consequences?<\/p>\n\n\n\n

Before we go further, I\u2019m sharing a few excerpts from the recent Supreme Court ruling relating to the US Constitution 14th<\/sup> Amendment.\u00a0 It relates to\u00a0 HB 538 (and SB 875 & HB 15) about CIVIL fines, Due Process, and so on. <\/strong>\u00a0<\/strong><\/em><\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

The late Justice Ruth Bader Ginsburg<\/strong> said it best in one of her last Opinions for the US Supreme Court in Timbs vs Indiana<\/a> relating to excessive CIVIL fines and Due Process. Below are some of jurist RBG\u2019s messages to all of us from the grave:<\/p>\n\n\n\n

“This Court has held that the Fourteenth Amendment\u2019s Due Process Clause incorporates the protections contained in the Bill of Rights, rendering them applicable to the States.”\u00a0\u00a0<\/em><\/p>\n\n\n\n

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties. Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies, as the Stuarts\u2019 critics learned several centuries ago.”<\/em><\/p>\n\n\n\n

” Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties. They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed, not in service of penal purposes, but as a source of revenue. The historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is indeed overwhelming.”<\/em><\/p>\n\n\n\n

“Even absent a political motive, fines may be employed \u201cin a measure out of<\/em> accord with the penal goals of retribution and deterrence,\u201d for \u201cfines are a<\/em> source of revenue,\u201d<\/em><\/p>\n\n\n\n

” In short, the historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is overwhelming. Protection against excessive punitive economic sanctions secured by the Clause is, to repeat, both \u201cfundamental to our scheme of ordered liberty\u201d and \u201cdeeply rooted in this Nation\u2019s history and tradition.”       <\/em><\/p>\n\n\n\n

Punishments and Penalties<\/strong><\/p>\n\n\n\n

When you\u2019re in a position of power, it\u2019s even more incumbent on you to be much more circumspect and focused in your decision-making. It might be fun or satisfying to punish the supposed egregious ones.\u00a0But it doesn\u2019t mean that the US Constitution can become marginalized to punish them. It\u2019s never a good policy to burn down the Cathedral of Civil Rights to fry a few bad eggs.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

Civil Rights is Civil Rights. You can\u2019t protect abortion civil rights but destroy private property rights. You must uphold and protect the US Constitution that you swore to do. The Constitution has protected equality, justice, and Due Process for over 200 years!<\/p>\n\n\n\n

It appears the HB 538 introducers must not know about the challenges of working with DPP or getting a permit to be approved by DPP.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

One has to question how a small lot in Kalihi Heights can be fined for $15.8 million for \u201covergrown weeds\u201d. This local owner is a 50% Hawaiian man with chronic and severe health problems. There is much more to this situation here. <\/p>\n\n\n\n

Where is the Aloha? <\/p>\n\n\n\n

Where is the compassion to help our local residents who are already struggling and trying to keep up with the cost of living in Hawaii?<\/p>\n\n\n\n

I hope this Star Advertiser<\/a> report of \u201cuncashed fines\u201d is not giving any counties ideas for a new stream of income and future revenues.\u00a0<\/p>\n\n\n\n

There are always two sides to a story. The government is here to help, not to steal people\u2019s homes and properties.<\/p>\n\n\n\n

Most people work their tails off and sacrificed to own properties in Hawaii. <\/p>\n\n\n\n

Who can trust DPP?<\/strong><\/p>\n\n\n\n

This is nothing personal. But these few clips will provide you a quick overview of what\u2019s happening at the Department<\/a> of Planning and Permitting.\u00a0 DPP<\/a> is struggling. Its workers are overloaded. Through the years, the Mayors and City Councils have also contributed to these modern day problems by their actions.<\/p>\n\n\n\n

Through the years, land-use density has been greatly increased. It used to be that an owner could not build on more than 50% of their total land area. <\/p>\n\n\n\n

Why blame the Monster Homes when it was DPP who approved the permits in the first place?\u00a0<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

Excessive Fines and Cruel & Unusual Punishments<\/strong><\/p>\n\n\n\n

HB 583 is off-based. It may have some \u201cegregious\u201d owners in mind to punish but there are too much unforeseen consequences. <\/p>\n\n\n\n

HB 538 is out of touch with the majority of the private property owners, construction and real estate world. <\/p>\n\n\n\n

These timelines are too impractical and oppressive. <\/p>\n\n\n\n

HB 538 assumes that DPP is always right and the public is always wrong.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n
\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

Kill HB 538\u00a0 AND SB 875 and HB 15.<\/strong> <\/p>\n\n\n\n

The Counties have many other options.<\/p>\n\n\n\n

Submitted by Choon James<\/p>\n\n\n\n

CountryTalkStory.com<\/p>\n\n\n\n

ChoonJamesHawaii@gmail.com<\/p>\n","protected":false},"excerpt":{"rendered":"

KILL HB 538 –\u00a0 ( also HB 15\u00a0 & SB 875) You can register testimony to OPPOSE HB538 or SUPPORT HB 538. The committee(s) on PSM has scheduled a public hearing on 03-17-23 3:02PM; Conference Room 225 & Videoconference Measure Title: RELATING TO RESIDENTIAL REAL PROPERTY. Report Title: Residential Real Property; Counties; Zoning Violation; Penalties […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[15,55,551],"class_list":["post-2760","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-hawaii-real-estate","tag-private-property-rights","tag-ruth-bader-ginsburg"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts\/2760","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2760"}],"version-history":[{"count":2,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts\/2760\/revisions"}],"predecessor-version":[{"id":2768,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=\/wp\/v2\/posts\/2760\/revisions\/2768"}],"wp:attachment":[{"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2760"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2760"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/countrytalkstory.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2760"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}