RELATING TO TRANSPORTATION.

SB1667

THE SENATE

S.B. NO.

1667

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

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 not greater than $500,
excepting situations of emergency or unless ordered by law enforcement.
"

����
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 fined not more than $1,000 or
imprisoned not more than thirty days, or both[
.
]
; provided that the
following additional penalties shall also apply:

����
(1)
�
For
an offense that occurs within five years of a prior conviction, a ninety-day
license suspension; and

����
(2)
�
For
an offense that occurs within five years of two prior convictions, a license
revocation of not more than two years, and completion of an examination
pursuant to section 286-108.
"

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SECTION
3
.
�
Section 291C-105, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:

����
"(c)
�

Any person who violates this section shall be guilty of a petty
misdemeanor and shall be sentenced as follows without the possibility of
probation or suspension of sentence:

����
(1)
�
For
a first offense not preceded by a prior conviction for an offense under this
section in the preceding five years:

���������
(A)
�
A
fine of not less than $500 and not more than $1,000;

���������
(B)
�
Thirty-day
prompt suspension of license and privilege to operate a vehicle during the
suspension period, or the court may impose, in lieu of the thirty-day prompt
suspension of license, a minimum fifteen-day prompt suspension of license with
absolute prohibition from operating a vehicle and, for the remainder of the
thirty-day period, a restriction on the license that allows the person to drive
for limited work‑related purposes;

���������
(C)
�
Attendance
in a course of instruction in driver retraining;

���������
(D)
�
A
surcharge of $25 to be deposited into the neurotrauma special fund;

���������
(E)
�
May be charged a surcharge of up to $100 to be
deposited into the trauma system special fund if the court so orders;

���������
(F)
�
An
assessment for driver education pursuant to section 286G-3; and

���������
(G)
�
Either
one of the following:

�������������
(i)
�
Thirty-six hours of community service work; or

������������
(ii)
�
Not less than forty-eight hours and not more than five days of
imprisonment;

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(2)
�
For
an offense that occurs within five years of a prior conviction for an offense
under this section, by:

���������
(A)
�
A
fine of not less than $750 and not more than $1,000;

���������
(B)
�
Prompt
suspension of license and privilege to operate a vehicle for a period of [
thirty
]

ninety
days with an absolute prohibition from operating a vehicle during
the suspension period;

���������
(C)
�
Attendance
in a course of instruction in driver retraining;

���������
(D)
�
A
surcharge of $25 to be deposited into the neurotrauma special fund;

���������
(E)
�
May be charged a surcharge of up to $100 to be
deposited into the trauma system special fund if the court so orders;

���������
(F)
�
An
assessment for driver education pursuant to section 286G-3; and

���������
(G)
�
Either
one of the following:

�������������
(i)
�
Not less than one hundred twenty hours of community service work;
or

������������
(ii)
�
Not less than five days but not more than fourteen days of
imprisonment of which at least forty-eight hours shall be served consecutively;
and

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(3)
�
For
an offense that occurs within five years of two prior convictions for offenses
under this section, by:

���������
(A)
�
A
fine of $1,000;

���������
(B)
�
Revocation
of license and privilege to operate a vehicle for a period of not less than
ninety days but not more than [
one year;
]
two years;

���������
(C)
�
Attendance
in a course of instruction in driver retraining[
;
]
, and completion of
an examination pursuant to section 286-108;

���������
(D)
�
[
No
]

Not
fewer than ten days but [
no
]
not
more than thirty days
of imprisonment of which at least forty-eight hours shall be served
consecutively;

���������
(E)
�
A
surcharge of $25 to be deposited into the neurotrauma special fund;

���������
(F)
�
May be charged a surcharge of up to $100 to be
deposited into the trauma system special fund if the court so orders; and

���������
(G)
�
An
assessment for driver education pursuant to section 286G-3."

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SECTION
4
.
�
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
5
.
�
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; and
]
three years; and

����
(2)
�
For any subsequent suspension under this
section, for a period not less than [
two
]
three
years and not
more than five years.

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An appeal of any license suspension may
be filed with the administrative drivers license revocation office within
thirty days of a judge's suspension.
"

����
SECTION
6
.
�
Section 291L-2, Hawaii Revised Statutes, is
amended to read as follows:

����
"[
[
]
�291L-2[
]
]
�
Automated speed enforcement systems
program; established.
�
(a)
�
There shall be established the automated
speed enforcement systems program, which shall be implemented by the State to
enforce the speed restriction laws of the State.
�
The automated speed enforcement system
program shall be limited to only those locations where a photo red light
imaging detector system has been implemented pursuant to chapter‑291J.

����
(b)
�

Automated speed enforcement systems may be implemented along a road or
highway within two hundred feet of a school zone identified by the safe routes
to school advisory committee for the promotion of public health, safety, and
welfare.
"

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SECTION
7
.
�
(a)
�
The State highway safety and modernization council shall
:

����
(1)
�
Identify
the top 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; and

����
(6)
�
Submit:

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����
(A)
�
A list of five areas to be addressed from the
developed proposals for minimal emergency ingress and egress routes under
paragraph (5) to the department of transportation; and

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

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

����
(b)
�

The state highway safety and modernization council may select up to
twenty-five intersections where the department of transportation may install
photo red light imaging detector systems in addition to those currently
operating, pursuant to chapter 291J; provided that signals shall be changed so
pedestrians have not less than a four-second lead time to begin crossing the
intersection prior to vehicles being permitted to proceed at each intersection
where a photo red light imaging detector system is installed.

����
(c)
�

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

����
SECTION
8
.
�
(a)
�
The
safe routes to school advisory committee shall identify twenty-five 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.

����
(b)
�

The department of transportation may install additional speed
enforcement systems pursuant to chapter 291L, at school zone locations that the
safe routes to school advisory committee identifies as dangerous; provided that
any enforcement system shall be positioned not more than two hundred feet from
the school property in each school zone.

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SECTION
9
.
�
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.
�

����
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 10.
�

There is appropriated out of the general revenues of the State of Hawaii
the sum of $500,000 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.

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The sums

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

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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 for the
department of transportation to effectuate the purposes of this Act.

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The sums

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

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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.

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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.

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SECTION 14.
�

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

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SECTION 15.
�

This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

DOT; State
Highway Safety and Modernization Council; Safe Routes to Schools Advisory
Committee; Motor Vehicles; Safety; Penalties; Reckless Driving; Excessive
Speeding; Crosswalks; Traffic Regulations; Driving Under the Influence; Report;
Appropriations

Description:

Prohibits
any vehicles from blocking marked crosswalks.
�

Establishes additional penalties for repeat convictions for reckless
driving and excessive speeding.
�
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 a breath, blood, or urine test.
�

Allows the appeal of any license suspension to be filed with the
administrative driver's license revocation office.
�
Authorizes the State Highway Safety and
Modernization Council to implement an additional twenty-five photo red light
imaging detector systems.
�
Authorizes the
Department of Transportation to implement an additional twenty‑five speed
enforcement systems in school zones as designated by the Safe Routes to School
Advisory Committee.
�
Establishes
requirements for the State Highway Safety and Modernization Council.
�
Requires a report to the Legislature.
�
Appropriates funds.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.