THE SENATE

S.B. NO.

1667

THIRTY-THIRD LEGISLATURE, 2025

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291C-     Vehicles blocking crosswalks.  Vehicles stopped on and blocking any marked crosswalk at any time shall be subject to a fine no greater than $500, excepting situations of emergency or unless ordered by law enforcement.  The placement of signs or curb markings at the crosswalk shall not be necessary for the purposes of enforcing this section."

     SECTION 2.  Section 291-2, Hawaii Revised Statutes, is amended to read as follows:

     "§291-2  Reckless driving of vehicle or riding of animals; penalty.  Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall [be]:

     (1)  Be fined [not] no more than $1,000 or imprisoned [not] no more than thirty days, or both[.];

     (2)  For an offense that occurs within five years of a prior conviction, be subject to a ninety-day license suspension; and

     (3)  For an offense that occurs within five years of two prior convictions, be subject to a license revocation of no more than two years, and complete an examination pursuant to section 286-108."

     SECTION 3.  Section 291E-15, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-15  Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings.  If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21, or pursuant to a search warrant issued by a judge upon a finding of probable cause supported by oath or affirmation, or pursuant to any other basis permissible under the Constitution of the State of Hawaii and laws of this State.  Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:

     (1)  Inform the person under arrest of the sanctions under section 291E-41 or 291E-65; and

     (2)  Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section 291E-65, as applicable;

provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or IV[.]; provided further that if the person continues to refuse to submit to a breath, blood, or urine test after the law enforcement officer complies with paragraph (2), the person shall surrender the person's license to the law enforcement officer."

     SECTION 4.  Section 291E-65, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  If the district judge finds the statements contained in the affidavit are true, the judge shall suspend the arrested person's license and privilege to operate a vehicle as follows:

     (1)  For a first suspension, or any suspension not preceded within a five-year period by a suspension under this section, for a period of [twelve months;] three years; and

     (2)  For any subsequent suspension under this section, for a period [not] no less than [two] three years and [not] no more than five years."

     SECTION 5.  (a)  The state highway safety and modernization council shall:

     (1)  Identify the one hundred most-dangerous intersections in the State based on fatality, injury, and crash data since January 1, 2014;

     (2)  Examine and identify vehicles or classes of vehicles that are more dangerous and likely to cause fatalities and injuries on the State's roadways;

     (3)  Examine vehicle weight, registration, and other related taxes or fees throughout the United States;

     (4)  Examine and identify communities and areas where there is a single ingress or egress, or otherwise limited access, that may create risk to communities during emergencies;

     (5)  Develop proposals for minimal emergency ingress and egress routes that shall be accessible to vehicles as one-way exit routes during emergencies or extreme congestion where emergency services may be jeopardized but may be available for pedestrian, bicycle, or similar access;

     (6)  Prioritize proposals for emergency egress routes in areas with significant populations of Asset Limited, Income Constrained, Employed (ALICE) households, as well as communities and households experiencing high levels of poverty.  Consideration shall be given to data from sources such as the United Way ALICE report; United States Census Bureau American Community Survey; Hawaii household data from the United States Department of Housing and Urban Development and department of business, economic development, and tourism; tax and social services data; geographic information system mapping; economic studies; and any other relevant data sources; and

     (7)  Submit:

          (A)  A list of five areas, with at least one area to be considered on the Waianae coast of Oahu, to be addressed from the developed proposals for minimal emergency ingress and egress routes under paragraph (5) to the department of transportation; and

          (B)  Recommendations, including any proposed legislation, to the legislature,

          no later than twenty days prior to the convening of the regular session of 2026;

provided that this section shall be implemented in compliance with applicable federal and state emergency management regulations to ensure alignment with established disaster response and evacuation protocols.

     (b)  The state highway safety and modernization council, in coordination with the department of transportation, may select up to ten intersections where the department of transportation may install photo red light imaging detector systems in addition to those currently operating, pursuant to chapter 291J, where feasible on an annual basis; provided that signals shall be changed so pedestrians have no less than a four-second lead time to begin crossing the intersection before vehicles being permitted to proceed at each intersection where a photo red light imaging detector system is installed; provided further that citations shall not be issued for any photo red light imaging detector system installed pursuant to this subsection before January 1, 2027.

     (c)  The department of transportation and county transportation agencies shall assist the state highway safety and modernization council to develop actionable projects to implement for areas of minimal emergency ingress and egress.

     (d)  The state highway safety and modernization council shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session.

     SECTION 6.  (a)  The safe routes to school advisory committee, in coordination with the department of transportation, shall identify ten of the most-dangerous school zones in the State based on fatality, injury, and crash data since January 1, 2014, and any outreach and complaints from schools and the surrounding community, where feasible on an annual basis.

     (b)  The department of transportation or county transportation agencies may install additional automated speed enforcement systems pursuant to chapter 291L, Hawaii Revised Statutes, at school zone locations that the safe routes to school advisory committee identifies as dangerous; provided that any enforcement system shall be positioned no more than two hundred feet from the school property in each school zone; provided further that citations shall not be issued for any automated speed enforcement system installed pursuant to this subsection before January 1, 2027.

     (c)  The safe routes to school advisory committee shall submit an annual report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session.

     SECTION 7.  Any expansion of the photo red light imaging detector systems program or automated speed enforcement systems program shall account for their impact on the district courts statewide and provide up to six months from the time of identification for the courts to collaborate with the department of transportation before implementing any expansion of the programs.

     SECTION 8.  (a)  When planning and managing state highways, in areas where state highways bisect communities with residential areas and commercial areas immediately along a highway, design features and speeds shall be determined by the National Association of City Transportation Officials' standards, which are better suited for lower speed urban and rural communities.

     (b)  In areas where state highways do not bisect communities with residential areas and commercial areas immediately along a highway, design features and speeds shall be determined by American Association of State Highway and Transportation Officials' standards, which are better suited for moving vehicles and people as quickly as possible.

     SECTION 9.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of transportation to coordinate with the metropolitan planning organizations for training and education for all levels of government focused on traffic safety, multimodal and pedestrian infrastructure, and other priorities as may be appropriate.

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 10.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of transportation to effectuate the purposes of this Act; provided that the department of transportation may transfer all or a portion of the appropriation in this section to county agencies to effectuate the purposes of this Act.

     The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 11.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to update the judiciary's information management system to pull data from law enforcement traffic citations and transfer the data into court records.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 12.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 13.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 14.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 15.  This Act shall take effect on July 1, 3000.



 

Report Title:

DOT; State Highway Safety and Modernization Council; Safe Routes to Schools Advisory Committee; Penalties; Reckless Driving; Crosswalks; Driving Under the Influence; Annual Reports; District Courts; Appropriations

 

Description:

Prohibits any vehicles from blocking marked crosswalks.  Requires a person under arrest who refuses to submit to a breath, blood, or urine test to surrender their license to a law enforcement officer.  Increases the duration of the suspension of a license when a person is arrested for driving under the influence and refuses to submit to a breath, blood, or urine test.  Establishes requirements for the State Highway Safety and Modernization Council.  Authorizes the State Highway Safety and Modernization Council to select potential areas for the Department of Transportation to install additional photo red light imaging detector systems.  Authorizes the Department of Transportation to implement additional automated speed enforcement systems in school zones as designated by the Safe Routes to School Advisory Committee.  Requires annual reports.  Requires the Department of Transportation to collaborate with the courts before any expansion of the safety camera systems.  Appropriates funds.  Effective 7/1/3000.  (HD1)

 

 

 

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