Reference is to Printer's Date 3/29/17 -H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-1535 of the 1976 Code is amended to read:
"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. A person commits endangerment of a
highway worker if the person is operating a motor vehicle within
a highway work zone at anytime one or more highway workers are
in the highway work zone and in proximity to the area where the
act or omission occurs and the person:
(1)
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
(2)
fails to obey traffic control devices erected
for the purpose 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.
(B) A 'highway
work 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. (1) A person who
violates the endangerment of a highway worker provision where
the highway worker suffers no physical injury must be fined not
more than one thousand dollars and not less than five hundred
dollars.
(2)
A person who violates the endangerment of a
highway worker provision where the highway worker suffers
physical injury and the violation was the sole proximate cause
of the injury must be fined not more than two thousand dollars
and not less than one thousand dollars.
(3)
A person who violates the endangerment of a
highway worker provision where the highway worker suffers great
bodily injury, as defined in Section 56-5-2945(B), and the
violation was the sole proximate cause of the injury must be
fined not more than five thousand dollars and not less than two
thousand dollars.
(C) The penalty
imposed by this section applies only:
(1)
if a sign is posted at the beginning
of the active work zone that states 'WORK ZONE $200 FINE AND 30
DAYS IMPRISONMENT FOR SPEEDING';
(2)
to the area between the posted sign
and the 'END CONSTRUCTION' sign. Signs may be posted at the
discretion of the Department of Transportation in the highway
work zones designed to comply with work zone traffic control
standards contained in the Manual on Uniform Traffic Control
Devices published by the Federal Highway Administration. A person who violates Section
56-5-1535(A) must have two points assessed against his motor
vehicle operating record or four points assessed against his
motor vehicle operating record if an injury to the highway
worker occurred at the time of the incident and the violation is
the sole proximate cause of the injury.
(D) Any fine
imposed pursuant to this section is mandatory and may not be
waived or reduced below the minimum as provided in subsection
(B). Sixty-five percent 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. Twenty-five
percent of the fine must be deposited in the State Highway Fund
and designated for use by the Department of Transportation to
hire off-duty state, county, or municipal police officers to
monitor construction or maintenance zones. Ten percent of the
fine must be remitted to the county governing body in which the
charge was disposed, or the municipality if the charge was
disposed in municipal court.
(E) No person
shall be cited for endangerment of a highway worker for any act
or omission otherwise constituting a violation under this
section if the act or omission results, in whole or in part,
from mechanical failure of the person's motor vehicle or from
the negligence of a highway worker or another person.
(F) For
purposes of this section:
(1)
'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
Department of Transportation standards, the provisions of
Section 56-5-4700, or National Fire Protection (NFPA) standards,
and must be installed properly.
(2)
'Highway worker' means a person who is required
to perform work in highway work zones, including:
(a)
a person who performs maintenance, repair, or
construction;
(b)
a person who operates a truck, loader, or other
equipment;
(c)
a person who performs any other related
maintenance work, as required;
(d)
a public safety officer who enforces work
zone-related transportation management or traffic control;
(e)
a law enforcement officer who conducts traffic
control or enforcement operations; and
(f)
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.
(G)
Magistrates and municipal court judges have exclusive
jurisdiction pursuant to this section."
SECTION 2. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720.
There is established a point system for the evaluation of
the operating record of persons to whom a license to operate
motor vehicles has been granted and for the determination of the
continuing qualifications of these persons for the privileges
granted by the license to operate motor vehicles. The system
shall have as its basic element a graduated scale of points
assigning relative values to the various violations in
accordance with the following schedule:
VIOLATION
POINTS
Reckless driving
6
Passing stopped school bus
6
Hit-and-run, property damages only
6
Driving too fast for conditions, or
speeding:
(1)
No more than 10 m.p.h. above the posted limits
2
(2)
More than 10 m.p.h. but less than 25
m.p.h. above the
posted limits 4
(3)
25 m.p.h. or above the posted limits
6
Disobedience of any official traffic
control device 4
Disobedience to officer directing traffic
4
Failing to yield right-of-way
4
Driving on wrong side of road
4
Passing unlawfully
4
Turning unlawfully
4
Driving through or within safety zone
4
Failing to give signal or giving improper
signal for stopping,
turning, or
suddenly decreased
speed 4
Shifting lanes without safety precaution
2
Improper dangerous parking
2
Following too closely
4
Failing to dim lights
2
Operating with improper lights
2
Operating with improper brakes
4
Operating a vehicle in unsafe condition
2
Driving in improper lane
2
Improper backing
2
Endangerment of a highway worker, no
injury 2
Endangerment of a highway worker,
injury results
4"
SECTION 3. Section 56-5-1536 of the 1976 Code is repealed.
SECTION 4. The repeal or
amendment by this act of any law, whether temporary or permanent
or civil or criminal, does not affect pending actions, rights,
duties, or liabilities founded thereon, or alter, discharge,
release or extinguish any penalty, forfeiture, or liability
incurred under the repealed or amended law, unless the repealed
or amended provision shall so expressly provide. After the
effective date of this act, all laws repealed or amended by this
act must be taken and treated as remaining in full force and
effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution,
or appeal existing as of the effective date of this act, and for
the enforcement of rights, duties, penalties, forfeitures, and
liabilities as they stood under the repealed or amended
laws.
SECTION 5. This act
takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.