Amend the amendment bearing file path l:\s-resmin\amend\199gm1.docx, as and if amended, by striking subsection (F) and inserting:
/ (F) Any fine imposed pursuant to this section is mandatory and may not be waived or reduced. One-half of the fine must be remitted to the treasurer and deposited in a special account, separate and apart from the general fund, designated for use by the Department of Public Safety to be used for work zone enforcement, training, research programs, and the funding of SHEP vehicles and drivers. /
Amend the amendment bearing file path l:\s-resmin\amend\199gm1.docx further, as and if amended, by striking subsection (B) and inserting:
/ A 'highway zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone. A person commits the offense of endangerment of a highway worker, if the person is operating a motor vehicle within a highway work zone at anytime, and:
(1) exceeds the posted speed limit;
(2) drives through or around a work zone in any lane not clearly designated for use by motor vehicles traveling through or around a work zone; or
(3) fails to obey traffic control devices erected for purposes of controlling the flow of motor vehicles through the work zone for any reason other than:
(a) an emergency;
(b) the avoidance of an obstacle; or
(c) the protection of the health and safety of another person. /
Amend the amendment bearing file path l:\s-resmin\amend\199gm1.docx further, as and if amended, by striking subsection (A) and inserting:
/ "Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two-hundred dollars or imprisoned not more than thirty days, or both.
For purposes of this section:
(1)(a) 'Highway work zone' means an area of a roadway, bridge, shoulder, median, or associated right-of-way, where construction, maintenance, utility work, accident response, or other incident response is being performed. The work zone must be marked by signs, channeling devices, barriers, pavement markings, or work vehicles, and extends from the first traffic control device erected for purposes of controlling the flow of motor vehicles through the work zone, including signs reducing the normal speed limit, to the 'END ROAD WORK' sign or the last temporary traffic control device. The signs, channeling devices, barriers, pavement markings, or work vehicles must meet state and federal Department of Transportation standards and must be properly installed.
(b) 'Highway worker' means a person who is required to perform work in highway work zones, including:
(i) a person who performs maintenance, repair, or construction;
(ii) a person who operates a truck, loader, or other equipment;
(iii) a person who performs any other related maintenance work, as required;
(iv) a public safety officer who enforces work zone-related transportation management or traffic control;
(v) a law enforcement officer who conducts traffic control or enforcement operations; and
(vi) an officer or firefighter, an emergency medical services provider, or any other authorized person, who removes hazards or who responds to accidents and other incidents.
(c) Work vehicles used by highway workers as defined in subsection (1)(b)(iv), (v), and (vi) shall be considered to be in compliance with state Department of Transportation standards if they comply with the provisions of Section 56-5-4700 or National Fire Protection Association (NFPA) standards. /
Amend the amendment bearing file path l:\s-resmin\amend\199gm1.docx further, as and if amended, by striking subsection (D)(4) and inserting:
/ "(4) A person who commits the offense of endangerment of a highway worker where the death of the highway worker ensues within three years and the committing of the offense is the proximate cause of the highway worker's death is guilty of reckless vehicular homicide pursuant to Section 56-5-2910, and, upon conviction, must be fined not more than five thousand dollars and not less than two thousand dollars, or imprisoned for not more than three years, or both." /
Renumber sections to conform.
Amend title to conform.