Reference is to Printer's Date 4/29/15-S.
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/SECTION 3. 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. 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)
Work vehicles used by highway workers as defined
in subsection 2(d),(e), and (f) 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) standard 1901.
(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.
(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. 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)
driving 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 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.
(C) The penalty
imposed by this section applies only: A person shall
not be cited or convicted for endangerment of a highway worker
unless the act or omission constituting the offense occurs when
one or more highway workers are in the highway work zone and in
proximity to the area where the act or omission occurs.
(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. (D)(1)
A person who commits the offense of endangerment of a
highway worker where the highway worker suffers no physical
injury is guilty of a misdemeanor, and, upon conviction, must be
fined not more than five hundred dollars and not less than
seventy-five dollars, or imprisonment of not more than thirty
days, or both.
(2)
A person who commits the offense of endangerment
of a highway worker where the highway worker suffers physical
injury and the committing of the offense is the proximate cause
of the physical injury is guilty of a misdemeanor, and, upon
conviction, must be fined not more than two thousand dollars and
not less than five hundred dollars, or imprisoned for not more
than sixty days, or both.
(3)
A person who commits the offense of endangerment
of a highway worker where the highway worker suffers great
bodily injury, as defined in Section 56-5-2945(B), and the
committing of the offense is the proximate cause of the great
bodily injury is guilty of a misdemeanor, 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.
(4)
A person who commits the offense of endangerment
of a highway worker where the death of the highway worker ensues
within three years as a proximate result of injury received by
the highway worker related to the endangerment of the highway
worker is guilty of reckless vehicular homicide pursuant to
Section 56-5-2910, and, upon conviction, is subject to the
penalties contained in that section, including license
reinstatement and related conditions.
(E) A
person who is convicted pursuant to subsection (D)(1), in
addition to any other penalty must have two points assessed
against his motor vehicle operating record. A person who is
convicted pursuant to subsection (D)(2), in addition to any
other penalty must have four points assessed against his motor
vehicle operating record. A person who is convicted pursuant to
subsection (D)(3), in addition to any other penalty must have
six points assessed against his motor vehicle operating
record.
(F) No
person shall be cited or convicted for endangerment of a highway
worker for any act or omission otherwise constituting an offense
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." /
Amend the bill further by adding the following appropriately numbered SECTIONS:
/ SECTION __. Section 14-1-207(A) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"(A) A person who
is convicted of, pleads guilty or nolo contendere to, or
forfeits bond for an offense occurring after June 30, 2008,
tried in magistrates court must pay an amount equal to
107.5 117.5 percent of the fine imposed
as an assessment. This assessment must be paid to the magistrate
and deposited as required by Section 22-1-70 in the county in
which the criminal judgment is rendered for remittance to the
State Treasurer by the county treasurer. The assessment is based
upon that portion of the fine that is not suspended and
assessments must not be waived, reduced, or suspended. The
assessment may not be imposed on convictions for violations of
Sections 56-3-1970, 56-5-2510, and 56-5-2530, or another state
law, municipal ordinance, or county ordinance restricting
parking in a prohibited zone or in a parking place clearly
designated for handicapped persons." /
SECTION __. Section 14-1-207(C) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"(C) After
deducting amounts provided pursuant to Section 14-1-210, the
State Treasurer shall deposit the balance of the assessments
received as follows:
(1)
32.36 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided
in Article 13, Chapter 13 of Title 24;
(2)
20.72 percent to the Law Enforcement Training Council for
training in the fields of law enforcement and criminal
justice;
(3)
.60 percent to the Department of Public Safety to defray
the cost of erecting and maintaining the South Carolina Law
Enforcement Officers Hall of Fame. When funds collected pursuant
to this item exceed the necessary costs and expenses of the
South Carolina Law Enforcement Officers Hall of Fame operation
and maintenance as determined by the Department of Public
Safety, the department may retain, carry forward, and expend the
surplus to defray the costs of maintaining and operating the
Hall of Fame;
(4)
18.82 percent for the State Office of Victim
Assistance;
(5)
15.93 percent to the general fund;
(6)
10.49 percent to the Office of Indigent Defense for the
defense of indigents;
(7)
.92 percent to the Office of the Attorney General for a
fund to provide support for counties involved in complex
criminal litigation. For the purposes of this item,
"complex criminal litigation" means criminal cases in
which the State is seeking the death penalty and has served
notice as required by law upon the defendant's counsel and the
county involved has expended more than two hundred fifty
thousand dollars for a particular case in direct support of
operating the court of general sessions and for prosecution
related expenses. The Attorney General shall develop guidelines
for determining what expenses are reimbursable from the fund and
shall approve all disbursements from the fund. Funds must be
paid to a county for all expenditures authorized for
reimbursement under this item except for the first one hundred
thousand dollars the county expended in satisfying the
requirements for reimbursement from the fund; however, money
disbursed from this fund must be disbursed on a "first
received, first paid" basis. When revenue in the fund
reaches five hundred thousand dollars, all revenue in excess of
five hundred thousand dollars must be credited to the general
fund of the State. Unexpended revenue in the fund at the end of
the fiscal year carries over and may be expended in the next
fiscal year; and
(8)
.16 percent to the Office of the State Treasurer to defray
the administrative expenses associated with collecting and
distributing the revenue of these assessments; and
(9)
10 percent to the Department of Public Safety to
defray the cost of hiring additional officers for work zone
enforcement and training for the Safety Improvement
Team."/
SECTION __. Section 14-1-208(A) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"(A) A person who
is convicted of, or pleads guilty or nolo contendere to, or
forfeits bond for an offense occurring after June 30, 2008,
tried in municipal court must pay an amount equal to
107.5 117.5 percent of the fine imposed
as an assessment. This assessment must be paid to the municipal
clerk of court and deposited with the city treasurer for
remittance to the State Treasurer. The assessment is based upon
that portion of the fine that is not suspended, and assessments
must not be waived, reduced, or suspended. The assessment may
not be imposed on convictions for violations of Sections
56-3-1970, 56-5-2510, and 56-5-2530, or another state law,
municipal ordinance, or county ordinance restricting parking in
a prohibited zone or in a parking place clearly designated for
handicapped persons." /
SECTION __. Section 14-1-208(C) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:
"(C) After
deducting amounts provided pursuant to Section 14-1-210, the
State Treasurer shall deposit the balance of the assessments
received as follows:
(1)
14.04 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided
in Article 13, Chapter 13 of Title 24;
(2)
13.89 percent to the Law Enforcement Training Council for
training in the fields of law enforcement and criminal
justice;
(3)
.36 percent to the Department of Public Safety to defray
the cost of erecting and maintaining the South Carolina Law
Enforcement Officers Hall of Fame. When funds collected pursuant
to this item exceed the necessary costs and expenses of the
South Carolina Law Enforcement Officers Hall of Fame operation
and maintenance as determined by the Department of Public
Safety, the department may retain, carry forward, and expend the
surplus for the purpose of defraying the costs of maintaining
and operating the Hall of Fame;
(4)
10.38 percent for the State Office of Victim
Assistance;
(5)
11.53 percent to the general fund;
(6)
10.56 percent to the Office of Indigent Defense for the
defense of indigents;
(7)
.89 percent to the Department of Mental Health to be used
exclusively for the treatment and rehabilitation of drug addicts
within the department's addiction center facilities;
(8)
.54 percent to the Office of the Attorney General for a
fund to provide support for counties involved in complex
criminal litigation. For the purposes of this item,
"complex criminal litigation" means criminal cases in
which the State is seeking the death penalty and has served
notice as required by law upon the defendant's counsel and the
county involved has expended more than one hundred thousand
dollars for a particular case in direct support of operating the
court of general sessions and for prosecution-related expenses.
The Attorney General shall develop guidelines for determining
what expenses are reimbursable from the fund and shall approve
all disbursements from the fund. Funds must be paid to a county
for all expenditures authorized for reimbursement under this
item except for the first one hundred thousand dollars the
county expended in satisfying the requirements for reimbursement
from the fund; however, money disbursed from this fund must be
disbursed on a "first received, first paid" basis.
When revenue in the fund reaches five hundred thousand dollars,
all revenue in excess of five hundred thousand dollars must be
credited to the general fund of the State. Unexpended revenue in
the fund at the end of the fiscal year carries over and may be
expended in the next fiscal year;
(9)(a)
9.16 percent to the Department of Public Safety for the
programs established pursuant to Section 56-5-2953(E); and
(b)
1.31 percent to SLED for the programs established pursuant
to Section 56-5-2953(E);
(10)
13.61 percent to the Governor's Task Force on Litter and
in the expenditure of these funds, the provisions of Chapter 35
of Title 11 do not apply;
(11)
13.61 percent to the Department of Juvenile Justice. The
Department of Juvenile Justice must apply the funds generated by
this item to offset the nonstate share of allowable costs of
operating juvenile detention centers so that per diem costs
charged to local governments utilizing the juvenile detention
centers do not exceed twenty-five dollars a day. Notwithstanding
this provision of law, the director of the department may waive,
reduce, defer, or reimburse the charges paid by local
governments for juvenile detention placements. The department
may apply the remainder of the funds generated by this item, if
any, to operational or capital expenses associated with regional
evaluation centers; and
(12)
.12 percent to the Office of the State Treasurer to defray
the administrative expenses associated with the collecting and
distributing the revenue of these assessments; and
(13)
10 percent to the Department of Public Safety to
defray the cost of hiring additional officers for work zone
enforcement and training for the Safety Improvement
Team."/
Renumber sections to conform.
Amend title to conform.