House Committee advances three-year pilot allowing limited pedestrian crossings outside marked crosswalks

The House Committee on Transportation voted to pass SB 106 with amendments on March 18, 2025, adopting a three-year pilot that will allow pedestrians in certain counties to cross outside marked crosswalks under specified safe conditions.

The measure creates a pilot for counties with populations of 250,000 or less in which a pedestrian "shall not be stopped by a law enforcement officer [or] be subjected to any other penalty for crossing outside of a marked crosswalk" provided the pedestrian is at least 200 feet from the nearest crosswalk, a "reasonably careful pedestrian would determine there is no immediate danger of collision with the moving vehicle," and the crossing does not create an immediate danger observable under a reasonable-person standard. The committee added a fine schedule ($50 first offense, $100 second offense within 12 months, $200 third or subsequent within 12 months) and required revenues be deposited into the State Highway Safety Fund to support pedestrian infrastructure improvements.

The nut graf: supporters argued the change would reduce inequitable enforcement and reflect how people actually walk where crosswalks are sparse; opponents said the bill would increase risk and legal confusion without stronger infrastructure and education.

During testimony, Lisa Dow of the Keiki Injury Prevention Coalition opposed the bill, saying, "Allowing crossings outside of designated areas increases their chance of serious injuries and endangers both walkers and drivers. Crosswalks exist to protect lives. You know, weakening these rules create unnecessary danger." Abby Sipe of the Hawaii Appleseed Center for Law and Economic Justice testified in support: "We believe jaywalking enforcement is ineffective use of taxpayer dollars and distracts from our much needed investments in pedestrian infrastructure and changes in roadway design." The Department of Health, represented in testimony by Nola Urban, framed the measure as part of a broader effort to build a "safety culture," telling the committee, "SB 106 would actually return the rights to pedestrians as well to have the right to use the roadway."

Committee members discussed the 200-foot provision several times. Representative Brett Moroka described everyday scenarios in which walking short distances without a marked crosswalk is common and argued the change would allow reasonable pedestrian judgment: "So I think we all make that judgment and so, the question is are we gonna allow people to make that judgment call?" The chair said the 200-foot language was a senate compromise added in prior considerations and that the current amendments are intended as a middle ground with checks and reporting requirements.

The bill directs the Department of Transportation and the State Highway Safety and Modernization Council to collect and analyze pilot data and requires biannual reports to the legislature, including crash and citation data, law enforcement feedback and public input. The pilot may be opted out by a county mayor with director approval; the measure also gives the governor authority to revoke the pilot statewide if public safety concerns arise and requires that counties that implement the program follow the reporting and enforcement provisions. The pilot will sunset three years from its effective date unless extended.

Concerns raised in committee included legal clarity on "immediate danger" and how enforcement would work in practice; the bill requires law enforcement to document immediate danger before issuing citations and places the burden of proof on the issuing officer in contests. Representative LaChica asked about coordinated education and outreach; the Department of Health said it is working with DOT and county partners on Vision Zero outreach and training for planners and enforcement.

On final action during the decision-making portion of the hearing, the committee voted to pass SB 106 with amendments. Representative Miyake was recorded as voting no; the chair indicated the recommendation was adopted.

The committee's action amends the measure significantly from its original form and adds enforcement, data collection and sunset provisions. The measure passed the committee during today's decision session and was adopted with amendments for further processing.