STAND. COM. REP. NO. 806

Honolulu, Hawaii

RE: S.B. No. 98

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 98 entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to clarify the requirement that a driver of a motor vehicle yield to a pedestrian by specifying when a pedestrian is considered to be within an intersection or adjacent crosswalk.

Your Committee received testimony in support of this measure from the Department of Transportation and one individual.

Your Committee finds that there is confusion as to when a vehicle must yield the right-of-way to a pedestrian who plans to cross or is crossing a roadway, particularly with regard to when a pedestrian is considered to be within an intersection or adjacent crosswalk. Your Committee further finds that pedestrians have the right of way over vehicles because the consequences of a collision between a vehicle and a pedestrian is highly likely to result in catastrophic injury for the pedestrian. Your Committee additionally finds that as the number of pedestrian injuries and deaths have greatly increased in the past year, clarifying that a pedestrian is legally within a crosswalk when any part or extension of the pedestrian is beyond the curb or edges of the traversable roadway will allow law enforcement to discourage the operators of motor vehicles from attempting to race pedestrians to the crosswalk or otherwise drive in a dangerous manner.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 98 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair