CONFERENCE COMMITTEE REP. NO. 52-16

Honolulu, Hawaii

                 , 2016

RE:    H.B. No. 32

       S.D. 2

       C.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 32, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CROSSWALK SAFETY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to reduce pedestrian confusion when using a crosswalk equipped with a countdown timer by clarifying that a pedestrian shall complete the pedestrian's crossing while the countdown time is operating.

     Numerous crosswalks throughout Hawaii are now equipped with countdown timers which indicate how many seconds a pedestrian has to finish crossing the street before the pedestrian signal changes from a flashing "Don't Walk" or upraised palm signal to a steady "Don't Walk" or upraised palm signal.  However, there is confusion among many pedestrians as to when they are allowed to cross the street at a location equipped with a countdown timer.  Updating the statutory specifications of what pedestrian control signals mean, which were last amended in 1981, to address signalized crosswalks where countdown timers are used will reduce this confusion.

     However, your Committee on Conference notes that confusion also exists as to when a driver is required to stop and yield to a pedestrian crossing the roadway which can lead to pedestrian injuries or even fatalities.  Clarifying a driver's duty to stop and yield the right of way for a pedestrian by specifying when a pedestrian is considered to be crossing a roadway will help reduce confusion, allow for better enforcement of pedestrian safety laws, and will make Hawaii's streets safer for everyone.

     Accordingly, your Committee on Conference has amended this measure by:

     (1)  Inserting language clarifying that a pedestrian is considered to be within an intersection or adjacent crosswalk when any part or extension of the pedestrian, including the pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or the edge of the roadway while the pedestrian is intending to proceed across the intersection or roadway; and

     (2)  Clarifying that a pedestrian may not start to cross a roadway equipped with a countdown timer once the countdown timer has begun operating.

     Your Committee on Conference has also amended this measure by:

     (1)  Changing its effective date from January 7, 2059, to upon its approval; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 32, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 32, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ LORRAINE R. INOUYE, Chair	____________________________ HENRY J.C. AQUINO, Co-Chair
____________________________ GILBERT S.C. KEITH-AGARAN, Co-Chair	____________________________ KARL RHOADS, Co-Chair