SB106 HD1

PART I

SECTION 1. The legislature finds that pedestrian mobility is an essential part of a sustainable and accessible transportation system. However, pedestrian safety is a critical concern, especially in densely populated areas with high vehicular traffic. While the legislature acknowledges the benefits of walking as a mode of transportation, including reducing carbon emissions and promoting public health, it also recognizes the need to balance pedestrian freedom with public safety.

The legislature further finds that counties with smaller populations may be better suited to test pedestrian-friendly policies, whereas counties with populations exceeding 250,000 require a more structured approach to ensure pedestrian and driver safety.

Accordingly, the purpose of this Act is to provide pedestrians with greater freedom by:

(1) Establishing a three-year pedestrian safety pilot program in each county with a population of two hundred fifty thousand or less, under certain conditions, which prohibits a pedestrian from being stopped, fined, or subjected to a penalty for crossing outside of a marked crosswalk;

(2) Authorizing the governor to:

(A) Revoke and abolish the pilot program statewide at any time if deemed necessary for public safety; and

(B) Overturn a county's approved opt-out request after consulting with certain individuals;

(3) Authorizes a county with a population of over two hundred fifty thousand to participate in the pilot program, subject to certain conditions;

(4) Requires reports to the legislature; and

(5) Requiring any driver of a vehicle to yield to a pedestrian who clearly indicates their intention to cross the roadway at a crosswalk.

PART II

SECTION 2. (a) There shall be established a three-year pedestrian safety pilot program in each county with a population of two hundred fifty thousand or less; provided that a county may opt out of the pilot program upon request by the appropriate mayor, subject to the approval of the director of transportation. Notwithstanding any other law to the contrary, under the pilot program, no pedestrian shall be stopped by a law enforcement officer, fined, or subjected to any other penalty for crossing outside of a marked crosswalk, provided that:

(1) The pedestrian is at least two hundred feet from the nearest crosswalk; and

(2) A reasonably careful pedestrian would determine there is no immediate danger of a collision with a moving vehicle.

(b) Except as provided under subsection (c), a pedestrian shall be subject to a fine if they engage in behavior that creates an immediate danger of collision with a moving vehicle, as determined by a reasonable person standard.

The fines shall be as follows:

(1) $50 for a first violation;

(2) $100 for a second violation within a twelve month period; and

(3) $200 for a third or subsequent violation within a twelve month period.

Fines collected under this subsection shall be deposited into the state highway fund established pursuant to section 248‑8, Hawaii Revised Statutes, to support pedestrian safety infrastructure improvements.

(1) Is within a legally designated pedestrian zone or crosswalk;

(2) Crosses when no vehicles are present within three hundred feet; or

(3) Was cited without documented proof of engaging in a behavior that creates an immediate danger of collision with a moving vehicle.

(d) A pedestrian who receives a fine pursuant to subsection (b) may contest the citation through an administrative hearing process.

(e) The department of transportation and each county law enforcement agency shall develop clear enforcement guidelines to enforce the pilot program.

(f) Burden of proof shall lie with the issuing officer who shall show that the pedestrian engaged in behavior that creates an immediate danger of collision with a moving vehicle.

(g) The governor may:

(1) Revoke and abolish the pilot program statewide at any time if deemed necessary for public safety; and

(2) Overturn a county's approved opt-out request under subsection (a); provided that the governor shall consult with the following individuals before overturning an opt-out request:

(A) The attorney general;

(B) The president of the senate;

(D) The chairs of the senate and house standing committees with primary jurisdiction over transportation; and

(E) The chairs of the senate and house standing committees with primary jurisdiction over the judiciary.

(h) A county with a population of over two hundred fifty thousand, may participate in the pilot program; provided that the state highway safety and modernization council shall first, in consultation with the department of transportation and county law enforcement agencies, determine designated areas in the county to implement the pilot program, subject to the final approval from the director of transportation in consultation with the:

(1) Chairs of the senate and house standing committees with primary jurisdiction over transportation; and

(2) Chairs of the senate and house standing committees with the primary jurisdiction over the judiciary.

(i) The department of transportation shall, in coordination with the state highway safety and modernization council, collect and analyze data on the impacts of the pilot program and submit biannual reports to the legislature no later than sixty days prior to the convening of the regular sessions of 2026, 2027, and 2028 and sixty days after adjournment sine die of the regular sessions of 2026, 2027, and 2028. The reports shall include but is not limited to:

(1) Assessments of the benefits and drawbacks of the pilot program;

(2) Traffic crash data before and after the implementation of the pilot program;

(3) Pedestrian citation data, including how many fines were issued and contested;

(4) Public feedback on the pilot program's effectiveness and concerns raised by business districts and communities;

(5) Law enforcement reports on compliance challenges; and

(6) Recommendations for the continuation, expansion, or modification of the pilot program.

(j) This section shall not apply to:

(1) Roadways with speed limits exceeding twenty-five miles per hour;

(2) Roadways with limited pedestrian visibility, such as tunnels, bridges, and high-traffic intersections; and

(3) Areas with high pedestrian-vehicle conflict, as determined by law enforcement agencies.

(k) This section shall not relieve:

(1) A pedestrian from the duty of using due care for their safety and the safety of others; or

(2) A driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.

(l) For purposes of this section, "immediate danger" means crossing in a manner that requires an oncoming vehicle to brake suddenly or swerve to avoid impact.

PART III

SECTION 3. Section 291C-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is [~~either~~]:

(1) Upon the half of the roadway upon which the vehicle is traveling; [or]

(2) Approaching the vehicle so closely from the opposite half of the roadway as to be in danger[,]; or

(3) Clearly indicating to the driver of a vehicle their intention to cross the roadway,

and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.

For purposes of this section, "a pedestrian who is crossing the roadway within a crosswalk" occurs when any part or extension of the pedestrian, including any part of the pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or edges of the traversable roadway and moves onto the roadway within an intersection or crosswalk."

PART IV

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 3000, and shall be repealed on June 30, 2028.

THE SENATE	S.B. NO.	106
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII		H.D. 1