Tag Archives: Civil fines

Who’s behind these non-judicial Power of Sale bills?

UPDATE: SB 875 & HB 15 are speeding on. ( HB 538 is quite similar.)

Keep in mind the counties already have “Judicial Foreclosure” and “Eminent Domain” powers in place. But the justification is that these processes take too long.

In other words, these bills will allow the counties to be the Police, Prosecutor, Jury, Judge, and Executioner. The Judicial Due Process will be cut off.

We’re asked who started these non-judicial foreclosure bills to forced sale of a private property, based on the Honolulu Department of Planning and Permitting (DPP) fines, without going to court.

Here are some quick answers:

It originated in 2022 as HB 1434 with Honolulu Mayor Rick Blangiardi. Keep it mind that this Power of Sale requests applied to ALL Counties in Hawaii. Based on my observations of him, it’s unlikely that this non-judicial Power of Sale idea originated from Blangiardi unless he’s hoping for a new stream of revenues from fines and sale of properties.

If I have to take a guess, it would be his Managing Director Mike Formby, formerly with the Pacific Resource Partnership (PRP) or former Department of Planning and Permitting (DPP) Director Dean Uchida.

Five (5) City Council members, known as the Gang of 5, also submitted testimony – Chair Tommy Waters, Esther Kia’iana, Brandon Elefante, Calvin Say, and Radiant Cordera.

What were the underlying motives?

Fortunately, Bill 1434 failed to pass last year.

I was in the same Mayoral campaign with Rick Blangiardi in 2020. Based on my observations and
his words, he had very shallow understanding about Honolulu City Hall workings.

This year 2023, Mayor Blangiardi is back with HB 106 and SB 216 by request to Senate President Ron Kouchi and House Speaker Scott Saiki.

However, presto! The tactics have changed a bit this year. There are five (5) clone bills with the same agenda speeding through.

Google Searches show no county mayors, state legislators or city council members appear to have warned Hawaii about this draconian assault on private properties.

Here are the rest of the three (3) bills.

SB875 is introduced by Senators Stanley Chang, Donovan Dela Cruz and Sharon Moriwaki. This bill is alive and has crossed over on March 7, 2023.

This time around, written testimonies come from only Honolulu City Council former Budget Chair Calvin Say and DPP Director Dawn Takeuchi Apuna.

Companion Bill HB498 is introduced by Representative Jackson Sayama.

HB 15 is introduced by Representative David Tarnas (D) It has no senate companion bill but it has crossed over on March 7, 2023.

HB538 is another similar one that includes judicial or non-judicial foreclosure. It is introduced by MATAYOSHI, BELATTI, HASHIMOTO, HOLT, KILA, KITAGAWA, LAMOSAO, MARTEN, NISHIMOTO, TAKENOUCHI, TARNAS, Chun.

The time line provided in this bill is too unrealistic. It assumes that DPP is 100% efficient. In actual fact, it takes a very long time to get a permit. Some permits take a much longer time because it may need a shoreline certified shoreline. This could easily take six months to complete.

Hawaii State Legislature quietly overturning basic civil rights

UPDATE: SB875 & HB15 are speeding through at the State Capitol. Caveat: There may be more clone bills of this same agenda. I can’t keep up.

It’s a zoo at the State Capitol. Bills are flying off the tables. I don’t see how these 3,123 bills can be carefully vetted and thoroughly deliberated in such a short time.

There are at least five (5) clone bills allowing Hawaii counties to have non-judicial Power of Sale of private properties, based on county civil fines, WITHOUT going to court. This means no checks and balances in our Democracy.

These proposed actions violate many constitutional liberties. Due Process, that includes having your day in court, is fundamental to basic Civil Rights. Even prisoners on death-row have more judicial Due Process than these bills.

Even if we emotionally hate some egregious property owners, we cannot tear down the Cathedral of civil rights to fry a few bad eggs. There are other enforcement options for the counties already in place.

None of the legislators I’ve talked with knew about these far-reaching proposed Power of Sale bills.

Below are the CLONE BILLS that give all Hawaii counties non-judicial power of sale. Honolulu County reiterates that it already has “Judicial Foreclosure” and “Eminent Domain” powers but these processes take too long:

SB875 Introduced by Senators Stanley Chang, Donovan Dela Cruz & Sharon Moriwaki.

HB15 Introduced by Representative David Tarnas

HB106 Introduced by HOUSE SPEAKER SCOTT SAIKI (Introduced by request of another party – Honolulu Mayor Rick Blangiardi.)

SB216 SENATE PRESIDENT RONALD KOUCHI (Introduced by request of another party – Honolulu Mayor Rick Blangiardi.)

HB498 Introduced by Representative Jackson Sayama.

Give Voice Now!

Email: sens@capitol.hawaii.gov, reps@capitol.hawaii.gov,

OPPOSE SB875, HB15, HB106, SB216, HB498. Don’t overturn our basic civil rights. Allowing Hawaii counties to have non-judicial Power of Sale, based on county civil fines, WITHOUT going to court violates Due Process, There will be no checks and balances in our Democracy.

Call them now:

Senate: https://www.capitol.hawaii.gov/legislature/legislators.aspx?chamber=S

House: https://www.capitol.hawaii.gov/legislature/legislators.aspx?chamber=H