SB 106 Hawaii Senate · 2025 Regular Session

RELATING TO PEDESTRIANS.

Summary

Establishes a three-year Pedestrian Safety Pilot Program in a county with population of two hundred fifty thousand or less, under certain conditions. Authorizes the Governor to revoke and abolish the Pilot Program and overturn a county's request to opt-out of the Pilot Program. Authorizes a county with a population of over two hundred fifty thousand to participate in the Pilot Program, subject to certain conditions. Requires reports to the Legislature. Requires a driver of a vehicle to yield to a pedestrian when the pedestrian clearly indicates their intention to cross a roadway within a crosswalk. Sunsets 6/30/2028. Effective 7/1/3000. (HD2)

Issues: ✓ Transportation

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Mar 2025

House Passage

Apr 2025

Governor

Introduced Jan 9, 2025 Last action Apr 10, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB106_HD2 → SB106_SD1 · 6 edits

MODERATE

The bill was substantially rewritten from a pilot program approach to a permanent statewide law. The original version created a three-year pilot program for smaller counties that could opt-out, while the new version establishes permanent "Freedom to Walk" protections for all pedestrians statewide. This removes the pilot program structure entirely and makes the pedestrian protections permanent rather than temporary.

Scope change

Changed from a limited pilot program applicable only to counties with populations of 250,000 or less (with opt-out provisions) to a permanent statewide law applicable to all pedestrians regardless of location or county population.

ELIGIBILITY

Removed the three-year pilot program structure and county population restrictions that limited the law's applicability

REQUIREMENT

Removed the requirement for counties to opt-out and the governor's authority to revoke or overturn opt-out requests

Added driver yield requirements when pedestrians clearly indicate intention to cross at crosswalks

DEFINITION

Added permanent statutory language establishing that pedestrians cannot be fined or stopped for crossing outside marked crosswalks when no immediate danger exists

TIMELINE

Changed effective date from the pilot program's three-year period to a permanent law effective July 1, 2050

ENFORCEMENT

Removed the requirement for biannual reports and data collection that was part of the pilot program oversight

SB106_HD1 → SB106_HD2 · 10 edits

MAJOR

This bill was significantly restructured to clarify eligibility criteria, strengthen enforcement mechanisms, and add detailed reporting requirements. The most notable change is the addition of a new Section 3 that amends state law to require drivers to yield to pedestrians who clearly indicate their intention to cross, which was not explicitly detailed in the original version. The bill also expanded the governor's oversight role by requiring consultation with specific officials before overturning county opt-out requests and added new exemptions for high-speed roadways and areas with limited visibility.

Scope change

The bill's scope was expanded to include a new statutory amendment requiring drivers to yield to pedestrians, and the applicability of the pilot program was refined with new exemptions for high-speed roadways and areas with limited pedestrian visibility.

REQUIREMENT

Added new Section 3 amending Hawaii Revised Statutes to require drivers to stop for pedestrians who clearly indicate their intention to cross the roadway at a crosswalk.

Added subsection (f) requiring biannual reports to the legislature on pilot program impacts, including assessments, traffic crash data, citation data, public feedback, and recommendations.

Added subsection (d) requiring the governor to consult with the attorney general, Senate president, House speaker, and committee chairs before overturning a county's opt-out request.

ENFORCEMENT

Added new subsection (b) requiring the Department of Transportation and county law enforcement agencies to develop clear enforcement guidelines for the pilot program.

Added subsection (c) shifting the burden of proof to the issuing officer, who must demonstrate that pedestrian behavior created an immediate danger of collision.

ELIGIBILITY

Added subsection (e) requiring the State Highway Safety and Modernization Council to determine designated areas for counties with populations over 250,000 before they can participate in the pilot program.

Modified opt-out procedure to require approval from the mayor of the county instead of the appropriate mayor, and added requirement for director of transportation approval.

DEFINITION

Added subsection (i) defining 'immediate danger' as crossing in a manner that requires an oncoming vehicle to brake suddenly or swerve to avoid impact.

SCOPE

Added subsection (g) exempting the pilot program from applying to roadways with speed limits exceeding 25 mph, roadways with limited pedestrian visibility (tunnels, bridges, high-traffic intersections), and areas with high pedestrian-vehicle conflict.

TECHNICAL

Added Part III and Part IV with statutory amendment language and sunset provisions, replacing the original formatting and structure.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 10, 2025

Amended

Senate disagrees with House amendments.

upper

Apr 10, 2025

Introduced

Received from House (Hse. Com. No. 629).

upper

Apr 8, 2025

Lower · Passed

Passed Third Reading as amended in HD 2 with Representative(s) Iwamoto, Reyes Oda voting aye with reservations; Representative(s) Alcos, Chun, Garcia, Garrett, Holt, Kong, Lamosao, Matsumoto, Miyake, Shimizu, Souza voting no (11) and Representative(s) Cochran excused (1). Transmitted to Senate.

lower

Apr 2, 2025

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 1 Excused: Representative(s) Cochran.

lower

Mar 20, 2025

Committee

Reported from TRN (Stand. Com. Rep. No. 1383) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Mar 18, 2025

Lower · Passed

The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Kila, Grandinetti, Evslin, Kitagawa, La Chica, Pierick; Ayes with reservations: Representative(s) Muraoka; 1 Noes: Representative(s) Miyake; and 1 Excused: Representative(s) Cochran.

lower

Mar 6, 2025

Committee

Referred to TRN, JHA, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 85) in amended form (SD 1).

lower

Mar 4, 2025

Upper · Passed

Report Adopted; Passed Third Reading. Ayes, 22; Aye(s) with reservations: Senator(s) Aquino, McKelvey, Moriwaki. Noes, 3 (Senator(s) Awa, DeCorte, Elefante). Excused, 0 (none). Transmitted to House.

upper

Feb 19, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 1 Excused: Senator(s) Gabbard.

upper

Feb 14, 2025

Upper · Passed

The committee(s) on JDC will hold a public decision making on 02-19-25 9:45AM; Conference Room 016 & Videoconference.

upper

Feb 10, 2025

Committee

Reported from TCA (Stand. Com. Rep. No. 130) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

upper

Jan 30, 2025

Upper · Passed

The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TCA were as follows: 3 Aye(s): Senator(s) Lee, C., Inouye, Kanuha; Aye(s) with reservations: none ; 2 No(es): Senator(s) Elefante, DeCorte; and 0 Excused: none.

upper

Jan 27, 2025

Upper · Passed

The committee(s) on TCA has scheduled a public hearing on 01-30-25 3:00PM; Conference Room 224 & Videoconference.

upper

Jan 16, 2025

Committee

Referred to TCA, JDC.

upper

Jan 15, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 9, 2025

Introduced

Pending Introduction.

upper

1 primary · 0 co-sponsors