Hawaii 2024 Regular Session

Hawaii House Bill HB2573 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2573 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to neighborhood security watch programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2573
4	4	THIRTY-SECOND LEGISLATURE, 2024
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to neighborhood security watch programs.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that planned communities are a type of common-interest development in which individuals own property within the development, share ownership and use of common property with all other owners, and participate in a system of self-governance through an association of the owners within the development. Planned community associations play a vital role in maintaining the character, value, and well-being of planned communities. Planned community associations foster a sense of community and stability for their members by managing common areas; enforcing covenants, conditions, and restrictions; and providing services, amenities, and facilities. Services and amenities may include landscaping; parking lots; swimming pools; athletic facilities, such as tennis, basketball, and volleyball courts; and community spaces, such as party spaces. The legislature further finds that the unique geographical and social realities of the State demand that planned community associations go beyond merely ensuring the upkeep of common areas and amenities. As the State's planned communities face heightened risks associated with fire hazards, natural disasters, and homelessness, a proactive approach to neighborhood security becomes an indispensable element of public safety. A unified approach to neighborhood security, which actively engages residents and leverages their collective vigilance, can significantly enhance the safety and peace of mind enjoyed by planned community association members and their families. Accordingly, the purpose of this Act is to require a planned community association to either: (1) Develop and adopt program rules for a neighborhood security watch program within the association's planned community; or (2) Allocate a portion of the association's regular assessments to fund a neighborhood security watch program offered by a qualified third-party organization. SECTION 2. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§421J- Neighborhood security watch programs. (a) No later than one year after the effective date of this Act, an association shall either: (1) Develop and adopt program rules for a neighborhood security watch program within the association's planned community. The rules shall: (A) Define the neighborhood security watch program's purpose, scope, and activities; (B) Establish procedures for volunteer recruitment, training, and operation; (C) Address data collection, reporting, and communication protocols; and (D) Ensure compliance with applicable laws and regulations; or (2) Allocate a portion of the association's regular assessments to fund a neighborhood security watch program offered by a qualified third-party organization. (b) An association that chooses to allocate a portion of its regular assessments to a third-party organization shall: (1) Select an organization that operates a neighborhood security watch program that meets the criteria established in subsection (a)(1); and (2) Provide clear and transparent information to members about the neighborhood security watch program, including the amount of the regular assessments allocated and the services provided by. (c) Before adopting program rules or allocating a portion of the association's regular assessments, an association shall hold at least one public meeting, duly noticed in accordance with section 421J-3.5, to: (1) Inform members of the options outlined in subsection (a); (2) Provide an opportunity for members to ask questions and provide input; and (3) Discuss the proposed program rules or selected program offered by a qualified third-party organization. (d) This section shall not apply to associations consisting of less than one thousand members. (e) The department of commerce and consumer affairs shall enforce this section. An association may apply to the department for an exemption from this section on the basis that: (1) Implementing a neighborhood security watch program is not feasible or appropriate for the association's planned community; or (2) The association is already engaged in alternative community safety initiatives that are demonstrably effective. (f) For purposes of this section, "neighborhood security watch program" means a voluntary program in which residents of a neighborhood observe and report suspicious activity to law enforcement agencies." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that planned communities are a type of common-interest development in which individuals own property within the development, share ownership and use of common property with all other owners, and participate in a system of self-governance through an association of the owners within the development. Planned community associations play a vital role in maintaining the character, value, and well-being of planned communities. Planned community associations foster a sense of community and stability for their members by managing common areas; enforcing covenants, conditions, and restrictions; and providing services, amenities, and facilities. Services and amenities may include landscaping; parking lots; swimming pools; athletic facilities, such as tennis, basketball, and volleyball courts; and community spaces, such as party spaces.
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51	51	The legislature further finds that the unique geographical and social realities of the State demand that planned community associations go beyond merely ensuring the upkeep of common areas and amenities. As the State's planned communities face heightened risks associated with fire hazards, natural disasters, and homelessness, a proactive approach to neighborhood security becomes an indispensable element of public safety. A unified approach to neighborhood security, which actively engages residents and leverages their collective vigilance, can significantly enhance the safety and peace of mind enjoyed by planned community association members and their families.
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53	53	Accordingly, the purpose of this Act is to require a planned community association to either:
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55	55	(1) Develop and adopt program rules for a neighborhood security watch program within the association's planned community; or
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57	57	(2) Allocate a portion of the association's regular assessments to fund a neighborhood security watch program offered by a qualified third-party organization.
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59	59	SECTION 2. Chapter 421J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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61	61	"§421J- Neighborhood security watch programs. (a) No later than one year after the effective date of this Act, an association shall either:
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63	63	(1) Develop and adopt program rules for a neighborhood security watch program within the association's planned community. The rules shall:
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65	65	(A) Define the neighborhood security watch program's purpose, scope, and activities;
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67	67	(B) Establish procedures for volunteer recruitment, training, and operation;
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69	69	(C) Address data collection, reporting, and communication protocols; and
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71	71	(D) Ensure compliance with applicable laws and regulations; or
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73	73	(2) Allocate a portion of the association's regular assessments to fund a neighborhood security watch program offered by a qualified third-party organization.
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75	75	(b) An association that chooses to allocate a portion of its regular assessments to a third-party organization shall:
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77	77	(1) Select an organization that operates a neighborhood security watch program that meets the criteria established in subsection (a)(1); and
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79	79	(2) Provide clear and transparent information to members about the neighborhood security watch program, including the amount of the regular assessments allocated and the services provided by.
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81	81	(c) Before adopting program rules or allocating a portion of the association's regular assessments, an association shall hold at least one public meeting, duly noticed in accordance with section 421J-3.5, to:
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83	83	(1) Inform members of the options outlined in subsection (a);
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85	85	(2) Provide an opportunity for members to ask questions and provide input; and
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87	87	(3) Discuss the proposed program rules or selected program offered by a qualified third-party organization.
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89	89	(d) This section shall not apply to associations consisting of less than one thousand members.
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91	91	(e) The department of commerce and consumer affairs shall enforce this section. An association may apply to the department for an exemption from this section on the basis that:
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93	93	(1) Implementing a neighborhood security watch program is not feasible or appropriate for the association's planned community; or
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95	95	(2) The association is already engaged in alternative community safety initiatives that are demonstrably effective.
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97	97	(f) For purposes of this section, "neighborhood security watch program" means a voluntary program in which residents of a neighborhood observe and report suspicious activity to law enforcement agencies."
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99	99	SECTION 3. New statutory material is underscored.
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101	101	SECTION 4. This Act shall take effect upon its approval.
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105	105	INTRODUCED BY: _____________________________
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107	107	INTRODUCED BY:
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109	109	_____________________________
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115	115	Report Title: Planned Community Associations; Neighborhood Security Watch Programs; Establishment; Regular Assessments Description: Requires planned community associations to either develop and adopt program rules for a neighborhood security watch program within the association's planned community or allocate a portion of the association's regular assessments to fund a neighborhood security watch program offered by a qualified third-party organization, no later than one year after the effective date of this Act. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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121	121	Report Title:
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123	123	Planned Community Associations; Neighborhood Security Watch Programs; Establishment; Regular Assessments
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127	127	Description:
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129	129	Requires planned community associations to either develop and adopt program rules for a neighborhood security watch program within the association's planned community or allocate a portion of the association's regular assessments to fund a neighborhood security watch program offered by a qualified third-party organization, no later than one year after the effective date of this Act.
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137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.