(BIVN) – A proposed bill that would allow jaywalking, if pedestrians do so safely, sparked some debate on the House floor on Thursday.

Senate Bill 2630 SD1 HD1 is moving through the State House after being passed by the Senate earlier in the session. From the language of the bill, the following will be added to part VII of Chapter 291C, Hawaii Revised Statutes:

§291C- Pedestrians; crossing contrary to the statewide traffic code; when allowed. (a) Notwithstanding any law to the contrary, a pedestrian shall not be stopped by a law enforcement officer, fined, or subjected to any other penalty for acting contrary to sections 291C-33, 291C-71, 291C-72, 291C-73, and 291C-75, unless a reasonably careful pedestrian would determine that doing so would result in a collision with a moving vehicle or result in a moving vehicle slowing or stopping in any fashion; provided that this section shall only apply when the pedestrian is more than two hundred feet from a marked crosswalk.

(b) Nothing in this section shall be construed to relieve a pedestrian from the duty of using due care for their safety and the safety of others.

(c) Nothing in this section shall be construed to relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.

The bill was discussed during a floor vote on Thursday. State Representative Gene Ward (R, District 18) began with heavy criticism in opposition.

“This is a silly bill that says we’re gonna allow jaywalking,” Rep. Ward said, “and the only thing I can think of is it really explains in detail why we have an approval rating in this legislature of 18%. That’s even worse than our President.”

“I don’t care what the studies have been cited as,” Ward continued. “Encouraging jaywalking, particularly as kids see adults and the kids do it, just like with marijuana. Its going to lead to a disaster.”

“Its a silly bill and it embarrasses us,” Ward said.

After several other Representatives registered their “no” votes, Hawaiʻi island Representatives stood up to defend the measure.

“I just wanted to speak briefly about an issue I’m extremely passionate about,” said Rep. Chris Todd (D, District 3), “which is crossing streets when you are more than 200 feet away from a crosswalk provided that there is no imminent danger, and it would not cause any cars to stop or slow down whatsoever.”

“We should be encouraging environments where pedestrians are safe instead of just continuing to build streets and transit and cities around cars solely,” said Rep. Nicole Lowen (D, District 7). “When jaywalking was initially made illegal, back when cars were first becoming popular, it was specifically an effort and action of the automobile industry. And we’re so used to it that we just cant see outside this box that were in, to understand that things can be different.”

“In certain rural communities, we do not have enough crosswalks,” added Kirstin Kahaloa (D, District 6). “They are a suggestion and not a rule. So unless the state would like to put in a ton more crosswalks in rural communities that would cost money, I’m in support of this measure.”

The remarks from the Big Island lawmakers appeared to soften Rep. Ward’s position.

“In sympathy, if I was a neighbor islander, I would say exactly as my colleagues just said,” Ward admitted. “So this should be for a certain island of a certain number of people, and not push it on the neighbor islands. Because what they are saying, I think, is correct.”

Ward said they want the jaywalking laws to be in place for urban environments, and “an island like Oʻahu.”

The bill passed on second reading with 8 no votes. The measure next goes to the House Committee on Judiciary & Hawaiian Affairs.