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H*4033 Session 122 (2017-2018)
H*4033(Rat #0119, Act #0081 of 2017) General Bill, By Hixon, Taylor, Blackwell,
Clyburn, Allison, Daning, Yow, Erickson, B. Newton, Bennett, Arrington, Murphy,
Crawford and Clemmons
Similar(S 565)
AN ACT TO AMEND SECTION 56-5-1535, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO SPEEDING IN WORK ZONES AND PENALTIES ASSOCIATED WITH SPEEDING IN
WORK ZONES, SO AS TO DELETE THIS PROVISION, TO CREATE THE OFFENSE OF
"ENDANGERMENT OF A HIGHWAY WORKER", TO PROVIDE A PENALTY FOR THIS OFFENSE AND
TO PROVIDE DEFINITIONS FOR THE TERMS "HIGHWAY WORK ZONE" AND "HIGHWAY WORKER";
TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE
EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, SO AS TO
PROVIDE THAT THE OFFENSE OF ENDANGERMENT OF A HIGHWAY WORKER RESULTING IN NO
INJURY IS A TWO POINT VIOLATION, THE OFFENSE OF ENDANGERMENT OF A HIGHWAY
WORKER IN WHICH INJURY RESULTS IS A FOUR POINT VIOLATION, AND TO DELETE THE
OFFENSE OF FAILING TO GIVE A SIGNAL OR GIVING IMPROPER SIGNAL FOR STOPPING,
TURNING, OR SUDDENLY DECREASING SPEED AS A FOUR POINT VIOLATION; TO REPEAL
SECTION 56-5-1536 RELATING TO DRIVING IN TEMPORARY WORK ZONES AND PENALTIES
FOR UNLAWFUL DRIVING IN TEMPORARY WORK ZONES; AND TO AMEND SECTION 56-5-2150,
RELATING TO TURNING, STOPPING, AND REDUCING THE SPEED OF A MOTOR VEHICLE AND
THE SIGNALS REQUIRED TO BE USED FOR THESE ACTIONS, SO AS TO PROVIDE A PENALTY
FOR A VIOLATION OF THIS PROVISION. - ratified title
03/22/17 House Introduced and read first time (House Journal-page 56)
03/22/17 House Referred to Committee on Education and Public
Works (House Journal-page 56)
03/23/17 House Member(s) request name added as sponsor: Daning,
Yow, Erickson, B.Newton, Bennett, Arrington
03/29/17 House Committee report: Favorable with amendment
Education and Public Works (House Journal-page 44)
04/04/17 House Member(s) request name added as sponsor: Murphy,
Crawford, Clemmons
04/04/17 House Amended (House Journal-page 63)
04/04/17 House Read second time (House Journal-page 63)
04/04/17 House Roll call Yeas-98 Nays-0 (House Journal-page 72)
04/05/17 House Read third time and sent to Senate
(House Journal-page 6)
04/05/17 Senate Introduced and read first time (Senate Journal-page 13)
04/05/17 Senate Referred to Committee on Transportation
(Senate Journal-page 13)
04/05/17 Senate Recalled from Committee on Transportation
(Senate Journal-page 4)
04/06/17 Scrivener's error corrected
05/10/17 Senate Read second time (Senate Journal-page 50)
05/10/17 Senate Roll call Ayes-42 Nays-0 (Senate Journal-page 50)
05/11/17 Senate Read third time and enrolled (Senate Journal-page 41)
05/15/17 Ratified R 119
05/19/17 Signed By Governor
05/26/17 Effective date 5/19/17
05/31/17 Act No. 81
H. 4033
(A81, R119, H4033)
AN ACT TO AMEND SECTION 56-5-1535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEEDING IN WORK ZONES AND PENALTIES ASSOCIATED WITH SPEEDING IN WORK ZONES, SO AS TO DELETE THIS PROVISION, TO CREATE THE OFFENSE OF "ENDANGERMENT OF A HIGHWAY WORKER", TO PROVIDE A PENALTY FOR THIS OFFENSE AND TO PROVIDE DEFINITIONS FOR THE TERMS "HIGHWAY WORK ZONE" AND "HIGHWAY WORKER"; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, SO AS TO PROVIDE THAT THE OFFENSE OF ENDANGERMENT OF A HIGHWAY WORKER RESULTING IN NO INJURY IS A TWO POINT VIOLATION, THE OFFENSE OF ENDANGERMENT OF A HIGHWAY WORKER IN WHICH INJURY RESULTS IS A FOUR POINT VIOLATION, AND TO DELETE THE OFFENSE OF FAILING TO GIVE A SIGNAL OR GIVING IMPROPER SIGNAL FOR STOPPING, TURNING, OR SUDDENLY DECREASING SPEED AS A FOUR POINT VIOLATION; TO REPEAL SECTION 56-5-1536 RELATING TO DRIVING IN TEMPORARY WORK ZONES AND PENALTIES FOR UNLAWFUL DRIVING IN TEMPORARY WORK ZONES; AND TO AMEND SECTION 56-5-2150, RELATING TO TURNING, STOPPING, AND REDUCING THE SPEED OF A MOTOR VEHICLE AND THE SIGNALS REQUIRED TO BE USED FOR THESE ACTIONS, SO AS TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Highway work zones
SECTION 1. Section 56-5-1535 of the 1976 Code is amended to read:
"Section 56-5-1535. (A) 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)(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) 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."
Moving violations
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"
Repeal
SECTION 3. Section 56-5-1536 of the 1976 Code is repealed.
Savings clause
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.
Moving violations
SECTION 5. A. 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
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"
B. Section 56-5-2150 of the 1976 Code is amended to read:
"Section 56-5-2150. (A) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal as provided for in this section.
(B) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
(C) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(D) The signals required on vehicles by subsection (B) of Section 56-5-2180, shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or 'do pass' signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
(E) A person who violates the provisions of this section must be fined twenty-five dollars, all or part of which may not be suspended. In addition no court costs, assessments, surcharges, or points may be assessed against the person or his driving record."
C. The repeal or amendment by this SECTION 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 SECTION, all laws repealed or amended by this SECTION 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 SECTION, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 15th day of May, 2017.
Approved the 19th day of May, 2017.
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