Senator MALLOY proposed the following amendment (199GM1):
    Amend the bill, as and if amended, by striking SECTION 3 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)     '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.
        (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 one thousand dollars and not less than five hundred 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 one thousand 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)     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, and research programs.
    (G)     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."             /

Further amend the bill, as and if amended, by striking SECTION 7 in its entirety.
Further amend the bill, as and if amended, by striking SECTION 8 in its entirety.
Further amend the bill, as and if amended, by striking SECTION 9 in its entirety.
Further amend the bill, as and if amended, by striking SECTION 10 in its entirety.

Renumber sections to conform.
    Amend title to conform.