1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 29, 2017 6 7 H. 4033 8 9 Introduced by Reps. Hixon, Taylor, Blackwell, Clyburn, Allison, 10 Daning, Yow, Erickson, B. Newton, Bennett and Arrington 11 12 S. Printed 3/29/17--H. 13 Read the first time March 22, 2017. 14 15 16 THE COMMITTEE ON EDUCATION AND PUBLIC 17 WORKS 18 To whom was referred a Bill (H. 4033) to amend Section 19 5651535, Code of Laws of South Carolina, 1976, relating to 20 speeding in work zones and penalties associated with speeding in 21 work zones, etc., respectfully 22 REPORT: 23 That they have duly and carefully considered the same and 24 recommend that the same do pass with amendment: 25 26 Amend the bill, as and if amended, by deleting Section 27 5651535(A)(1), as contained on lines 6 through 17 on page 2, and 28 inserting: 29 /(1) ‘Highway work zone’ means an area of a roadway, bridge, 30 shoulder, median, or associated right of way, where construction, 31 maintenance, utility work, accident response, or other incident 32 response is being performed. The work zone must be marked by 33 signs, channeling devices, barriers, pavement markings, or work 34 vehicles, and extends from the first traffic control device erected 35 for purposes of controlling the flow of motor vehicles through the 36 work zone, including signs reducing the normal speed limit, to the 37 ‘END ROAD WORK’ sign or the last temporary traffic control 38 device. The signs, channeling devices, barriers, pavement 39 markings, or work vehicles must meet state Department of 40 Transportation standards, the provisions of Section 41 5654700, or National Fire Protection (NFPA) standards, and must 42 be installed properly. /

[4033-1] 1 Amend the bill further, as and if amended, SECTION 1, by 2 deleting Section 5651535(D)(1), as contained on lines 18 through 3 23 on page 3, and inserting: 4 /(D)(1)A person who commits the offense of endangerment of a 5 highway worker where the highway worker suffers no physical 6 injury is guilty of a misdemeanor, and, upon conviction, must be 7 fined not more than one thousand dollars and not less than five 8 hundred dollars, or imprisoned for not more than thirty days, or 9 both. Notwithstanding the provisions of Sections 223540, 223545, 10 223550, and 142565, an offense punishable under this subitem 11 may be tried in magistrates or municipal court. / 12 Amend the bill further, as and if amended, SECTION 1, by 13 deleting Section 5651535(F), as contained on lines 11 through 19 14 on page 4, and inserting: 15 /(F) Any fine imposed pursuant to this section is mandatory 16 and may not be waived or reduced. Sixtyfive percent of the fine 17 must be remitted to the Treasurer and deposited in a special 18 account, separate and apart from the general fund, designated for 19 use by the Department of Public Safety to be used for work zone 20 enforcement. Twentyfive percent of the fine must be deposited in 21 the State Highway Fund and designated for use by the Department 22 of Transportation to hire offduty state, county, or municipal police 23 officers to monitor construction or maintenance zones. Ten percent 24 of the fine must be remitted to the county governing body in which 25 the charge was disposed, or the municipality if the charge was 26 disposed in municipal court. 27 Renumber sections to conform. 28 Amend title to conform. 29 30 MERITA A. ALLISON for Committee. 31 32 33 STATEMENT OF ESTIMATED FISCAL IMPACT 34 Explanation of Fiscal Impact 35 Introduced on March 22, 2017 36 State Expenditure 37 Existing law mandates that it is unlawful for a person to drive a 38 motor vehicle in a highway work zone at a speed in excess of 39 posted limits and establishes the penalty for this misdemeanor 40 offense to be not less than $75 nor more than $200, or 41 imprisonment for not more than 30 days, or both. The bill deletes 42 this provision and modifies the definition of the term “highway 43 work zone.” Previously, this term was defined as the area between

[4033-2] 1 the premier and terminal signs demarcating the work zone. The 2 new definition more specifically defines the term as an area of 3 roadway, bridge, shoulder, median, or associated right of way 4 where construction, maintenance, utility work, accident response, 5 or other incident response is being performed. To ensure the flow 6 of motor vehicles through a work zone is controlled, the zone must 7 be demarcated with properly installed devices that meet 8 Department of Transportation standards and include signs reducing 9 the normal speed limit. The bill also adds a new definition of the 10 term “highway worker.” A highway worker is defined as the 11 following persons who perform work in a highway work zone: a 12 maintenance, repair or construction worker; a public safety officer 13 enforcing work zone-related transportation management or traffic 14 control; and an officer or firefighter, an emergency medical 15 services provider, or other authorized person who removes hazards 16 or responds to accidents or other incidents. 17 The bill also creates the offense of endangerment of a highway 18 worker for persons operating a motor vehicle within a highway 19 work zone at any time who drive through or around a work zone in 20 a lane not clearly designated for use by motor vehicles traveling 21 through or around a work zone. This offense also applies to drivers 22 who at any time fail to obey traffic control devices erected for the 23 purpose of controlling the flow of vehicles through the work zone 24 except in cases of emergency, avoidance of an obstacle, or the 25 protection of the health and safety of another person. Drivers will 26 not be cited or convicted for endangerment of a highway worker 27 when the offense occurs in the absence of highway workers in 28 either the work zone or in the area proximate to where the act 29 occurs. 30 A person found guilty of the offense of endangerment of a 31 highway worker whereby the worker suffers no physical injury 32 shall be convicted of a misdemeanor; fined not more than $1,000 33 and not less than $500, or imprisoned for not more than 30 days, or 34 both; and have two points assessed against his motor vehicle 35 operating record. A person found guilty of the offense of 36 endangerment of a highway worker whereby the worker suffers 37 physical injury proximately caused by the offense shall be 38 convicted of a misdemeanor; fined not more than $2,000 and not 39 less than $1,000, or imprisoned for not more than 60 days, or both; 40 and have four points assessed against his motor vehicle operating 41 record. A person found guilty of the offense of endangerment of a 42 highway worker whereby the worker suffers great bodily injury 43 that creates a substantial risk of death or which causes serious,

[4033-3] 1 permanent disfigurement, or protracted loss or functional 2 impairment of a bodily member or organ shall be convicted of a 3 misdemeanor; fined not more than $5,000 and not less than 4 $2,000, or imprisoned for not more than three years, or both; and 5 have six points assessed against his motor vehicle operating 6 record. A person found guilty of the offense of endangerment of a 7 highway worker whereby the worker dies within three years of as 8 approximate result of injury related to the endangerment of the 9 highway worker shall be convicted of the felony of reckless 10 vehicular homicide; fined not more than $1,000 and not less than 11 $5,000, or imprisoned for not more than 10 years, or both; and 12 subject to the same license reinstatement provisions and related 13 conditions as provided for reckless vehicular homicide.in Section 14 56-5-2910. Section 56-1-720, which defines the schedule of points 15 for traffic violations, will be modified to make conforming 16 changes to the point system as described above. 17 All fines imposed for endangerment of a highway worker are 18 mandatory and may not be waived or reduced. Fifty percent of 19 each assessed fine shall be remitted to the State Treasurer and 20 deposited into a special account, separate from the general fund, to 21 be used by the Department of Public Safety for work zone 22 enforcement. Twenty-five percent of each assessed fine shall be 23 deposited into the State Highway Fund for use by the Department 24 of Transportation to hire off-duty state, county, or municipal police 25 officers to monitor construction or maintenance zones. In cases 26 where the mechanical failure of a person’s motor vehicle or where 27 the negligence of a highway worker or another person causes an 28 act or omission constituting the offense of endangerment of a 29 highway worker, the driver shall not be cited or convicted for the 30 offense. The bill also repeals Section 56-5-1536 relating to 31 requirements for driving in a temporary work zone and penalties 32 for convictions, comprised of fines of not less than three hundred 33 dollars nor more than $500. 34 Judicial Department. This bill creates a new offense of 35 endangerment of a highway worker and provides penalties for the 36 offense. It also deletes the existing offense and penalties for 37 speeding in a highway work zone and repeals the provisions and 38 penalties related to the failure to keep a motor vehicle under 39 control, use due caution, yield right of way, and maintain a safe 40 speed in a temporary work zone. While both of these types of 41 cases are heard in summary court, cases tried for the new offense 42 will be heard in summary and general sessions courts. There is no 43 data available to estimate the number of new cases that would be

[4033-4] 1 generated at the circuit court level. However, if additional hearings 2 or trials will be held in general sessions court as a result of the bill, 3 it could lead to a backlog in general sessions courts. The 4 department expects to manage any increase in the number of cases 5 within current resources. 6 Commission on Prosecution Coordination. The commission 7 indicates there is no method by which to estimate the number of 8 new cases that may be tried due to the bill’s creation of new 9 crimes. However, the commission expects to manage any 10 additional costs associated with an increase in cases within current 11 resources. 12 Commission on Indigent Defense. The commission indicates 13 there is no method by which to estimate the number of new cases 14 that may be tried due to the bill’s creation of new crimes. 15 However, the commission expects to manage any additional costs 16 associated with an increase in cases within current resources. 17 Department of Motor Vehicles. The agency indicates that this 18 bill will increase expenses by $19,000 for coding and extensive 19 testing to ensure that all external interfaces are working properly 20 and violations are passed to DMV correctly. 21 Department of Corrections. This bill creates a new offense of 22 endangerment of a highway worker and provides monetary 23 penalties or prison sentences, or both, for convictions. Prison 24 sentence times associated with convictions for these offenses range 25 from not more than 30 days to not more than three years. There is 26 no data available to estimate the increase in admissions that may 27 result from the bill, therefore the expenditure impact cannot be 28 determined. The department does expect the prison population to 29 increase once the bill becomes effective. 30 State Revenue 31 The bill creates the offense of endangerment of a highway 32 worker and provides for punishment by fines or imprisonment, or 33 both. Any fines imposed are mandatory and may not be waived. 34 Fifty percent of each fine is remitted to the State Treasurer and 35 deposited in a special account separate and apart from the general 36 fund. The special account is designated for use by the Department 37 of Public Safety for work zone enforcement. Twenty-five percent 38 of each assessed fine is deposited to the State Highway Fund for 39 use by the Department of Transportation to hire off-duty state, 40 county, or municipal police officers to monitor construction or 41 maintenance zones. Distribution of the remaining twenty-five 42 percent is not specified. If the remaining twenty-five percent is 43 distributed in accordance with existing law governing the [4033-5] 1 distribution of fines, the remaining funds would be distributed 2 among the general fund, specified state agencies and programs, 3 and local government. Assessments and applicable surcharges on 4 convictions would also be distributed among the general fund, 5 specified state agencies and programs, and local government. 6 Because data is not available to estimate the number of convictions 7 or the specific fines that may be imposed, the revenue impact of 8 this bill on the federal funds and other funds is undetermined. 9 Local Expenditure 10 This bill creates a new offense of endangerment of a highway 11 worker and provides penalties for the offense. It also deletes the 12 existing offense and penalties for speeding in a highway work zone 13 and repeals the provisions and penalties related to the failure to 14 keep a motor vehicle under control, use due caution, yield right of 15 way, and maintain a safe speed in a temporary work zone. While 16 both of these types of cases are heard in summary court, cases tried 17 for the new offense will be heard in summary and general sessions 18 courts. However, because data is not available to estimate the 19 impact on the caseload of the summary courts, the expenditure 20 impact on local government is undetermined. 21 Local Revenue 22 The bill creates the offense of endangerment of a highway 23 worker and provides for punishment by fines or imprisonment, or 24 both. Any fines imposed are mandatory and may not be waived. 25 Fifty percent of each fine is remitted to the State Treasurer and 26 deposited in a special account separate and apart from the general 27 fund. The special account is designated for use by the Department 28 of Public Safety for work zone enforcement. Twenty-five percent 29 of each assessed fine is deposited to the State Highway Fund for 30 use by the Department of Transportation to hire off-duty state, 31 county, or municipal police officers to monitor construction or 32 maintenance zones. Distribution of the remaining twenty-five 33 percent is not specified. If the remaining twenty-five percent is 34 distributed in accordance with existing law governing the 35 distribution of fines, the remaining funds would be distributed 36 among the general fund, specified state agencies and programs, 37 and local government. Assessments and applicable surcharges on 38 convictions would also be distributed among the general fund, 39 specified state agencies and programs, and local government. 40 Because data is not available to estimate the number of convictions 41 or the specific fines that may be imposed, the revenue impact of 42 this bill for local government is undetermined. 43

[4033-6] 1 Frank A. Rainwater, Executive Director 2 Revenue and Fiscal Affairs Office 3

[4033-7] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 5651535, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO SPEEDING IN WORK 13 ZONES AND PENALTIES ASSOCIATED WITH SPEEDING IN 14 WORK ZONES, SO AS TO DELETE THIS PROVISION AND 15 PROVIDE A DEFINITION FOR THE TERMS “HIGHWAY 16 WORK ZONE” AND "HIGHWAY WORKER", TO CREATE 17 THE OFFENSE OF “ENDANGERMENT OF A HIGHWAY 18 WORKER”, AND TO PROVIDE A PENALTY FOR THIS 19 OFFENSE; TO AMEND SECTION 561720, RELATING TO 20 THE POINT SYSTEM ESTABLISHED FOR THE 21 EVALUATION OF THE DRIVING RECORD OF PERSONS 22 OPERATING MOTOR VEHICLES, SO AS TO PROVIDE 23 THAT THE OFFENSE OF ENDANGERMENT OF A 24 HIGHWAY WORKER RESULTING IN NO INJURY IS A TWO 25 POINT VIOLATION, THE OFFENSE OF ENDANGERMENT 26 OF A HIGHWAY WORKER IN WHICH INJURY OCCURS IS 27 A FOUR POINT VIOLATION, AND THE OFFENSE OF 28 ENDANGERMENT OF A HIGHWAY WORKER IN WHICH 29 GREAT BODILY INJURY OCCURS IS A SIX POINT 30 VIOLATION; AND TO REPEAL SECTION 5651536 31 RELATING TO DRIVING IN TEMPORARY WORK ZONES 32 AND PENALTIES FOR UNLAWFUL DRIVING IN 33 TEMPORARY WORK ZONES. 34 35 Be it enacted by the General Assembly of the State of South 36 Carolina: 37 38 SECTION 1. Section 5651535 of the 1976 Code is amended to 39 read: 40 41 “Section 5651535. (A) It is unlawful for a person to drive a 42 motor vehicle in a highway work zone at a speed in excess of the

[4033] 8 1 speed limit set and posted by signs. A person violating this section 2 is guilty of a misdemeanor and, upon conviction, must be fined not 3 less than seventyfive nor more than two hundred dollars or 4 imprisoned not more than thirty days, or both. For purposes of this 5 section: 6 (1) ‘Highway work zone’ means an area of a roadway, bridge, 7 shoulder, median, or associated right of way, where construction, 8 maintenance, utility work, accident response, or other incident 9 response is being performed. The work zone must be marked by 10 signs, channeling devices, barriers, pavement markings, or work 11 vehicles, and extends from the first traffic control device erected 12 for purposes of controlling the flow of motor vehicles through the 13 work zone, including signs reducing the normal speed limit, to the 14 ‘END ROAD WORK’ sign or the last temporary traffic control 15 device. The signs, channeling devices, barriers, pavement 16 markings, or work vehicles must meet state Department of 17 Transportation standards and must be properly installed. 18 (2) ‘Highway worker’ means a person who is required to 19 perform work in highway work zones, including: 20 (a) a person who performs maintenance, repair, or 21 construction; 22 (b) a person who operates a truck, loader, or other 23 equipment; 24 (c) a person who performs any other related maintenance 25 work, as required; 26 (d) a public safety officer who enforces work zonerelated 27 transportation management or traffic control; 28 (e) a law enforcement officer who conducts traffic control or 29 enforcement operations; and 30 (f) an officer or firefighter, an emergency medical services 31 provider, or any other authorized person who removes hazards or 32 who responds to accidents and other incidents. 33 (B) A ‘highway work zone’ is the area between the first sign 34 that informs motorists of the existence of the work zone on the 35 highway and the last sign that informs motorists of the end of the 36 work zone. A person commits the offense of endangerment of a 37 highway worker if the person is operating a motor vehicle within a 38 highway work zone at anytime; and 39 (1) driving through or around a work zone in any lane not 40 clearly designated for use by motor vehicles traveling through or 41 around a work zone; or

[4033] 9 1 (2) fails to obey traffic control devices erected for the 2 purpose of controlling the flow of motor vehicles through the work 3 zone for any reason other than: 4 (a) an emergency; 5 (b) the avoidance of an obstacle; or 6 (c) the protection of the health and safety of another person. 7 (C) The penalty imposed by this section applies only: A person 8 shall not be cited or convicted for endangerment of a highway 9 worker unless the act or omission constituting the offense occurs 10 when one or more highway workers are in the highway work zone 11 and in proximity to the area where the act or omission occurs. 12 (1) if a sign is posted at the beginning of the active work 13 zone that states ‘WORK ZONE $200 FINE AND 30 DAYS 14 IMPRISONMENT FOR SPEEDING’; 15 (2) to the area between the posted sign and the ‘END 16 CONSTRUCTION’ sign. Signs may be posted at the discretion of 17 the Department of Transportation in the highway work zones 18 designed to comply with work zone traffic control standards 19 contained in the Manual on Uniform Traffic Control Devices 20 published by the Federal Highway Administration. 21 (D)(1) A person who commits the offense of endangerment of a 22 highway worker where the highway worker suffers no physical 23 injury is guilty of a misdemeanor, and, upon conviction, must be 24 fined not more than one thousand dollars and not less than five 25 hundred dollars, or imprisoned for not more than thirty days, or 26 both. 27 (2) A person who commits the offense of endangerment of a 28 highway worker where the highway worker suffers physical injury 29 and the committing of the offense is the proximate cause of the 30 physical injury is guilty of a misdemeanor, and, upon conviction, 31 must be fined not more than two thousand dollars and not less than 32 one thousand dollars, or imprisoned for not more than sixty days, 33 or both. 34 (3) A person who commits the offense of endangerment of a 35 highway worker where the highway worker suffers great bodily 36 injury, as defined in Section 5652945(B), and the committing of 37 the offense is the proximate cause of the great bodily injury is 38 guilty of a misdemeanor, and, upon conviction, must be fined not 39 more than five thousand dollars and not less than two thousand 40 dollars, or imprisoned for not more than three years, or both. 41 (4) A person who commits the offense of endangerment of a 42 highway worker where the death of the highway worker ensues 43 within three years as a proximate result of injury received by the

[4033] 10 1 highway worker related to the endangerment of the highway 2 worker is guilty of reckless vehicular homicide pursuant to Section 3 5652910, and, upon conviction, is subject to the penalties 4 contained in that section, including license reinstatement and 5 related conditions. 6 (E) A person who is convicted pursuant to subsection (D)(1), in 7 addition to any other penalty, must have two points assessed 8 against his motor vehicle operating record. A person who is 9 convicted pursuant to subsection (D)(2), in addition to any other 10 penalty, must have four points assessed against his motor vehicle 11 operating record. A person who is convicted pursuant to subsection 12 (D)(3), in addition to any other penalty, must have six points 13 assessed against his motor vehicle operating record. 14 (F) Any fine imposed pursuant to this section is mandatory and 15 may not be waived or reduced. Onehalf of the fine must be 16 remitted to the Treasurer and deposited in a special account, 17 separate and apart from the general fund, designated for use by the 18 Department of Public Safety to be used for work zone 19 enforcement. Twentyfive percent of the fine must be deposited in 20 the State Highway Fund and designated for use by the Department 21 of Transportation to hire offduty state, county, or municipal police 22 officers to monitor construction or maintenance zones. 23 (G) No person shall be cited or convicted for endangerment of a 24 highway worker for any act or omission otherwise constituting an 25 offense under this section if the act or omission results, in whole or 26 in part, from mechanical failure of the person’s motor vehicle or 27 from the negligence of a highway worker or another person.” 28 29 SECTION 2. Section 561720 of the 1976 Code is amended to 30 read: 31 32 “Section 561720. There is established a point system for the 33 evaluation of the operating record of persons to whom a license to 34 operate motor vehicles has been granted and for the determination 35 of the continuing qualifications of these persons for the privileges 36 granted by the license to operate motor vehicles. The system shall 37 have as its basic element a graduated scale of points assigning 38 relative values to the various violations in accordance with the 39 following schedule: 40 VIOLATION POINTS 41 Reckless driving 6 42 Passing stopped school bus 6 43 Hitandrun, property damages only 6

[4033] 11 1 Driving too fast for conditions, or speeding: 2 (1) No more than 10 m.p.h. above the posted limits 2 3 (2) More than 10 m.p.h. but less than 25 4 m.p.h. above the posted limits 4 5 (3) 25 m.p.h. or above the posted limits 6 6 Disobedience of any official traffic control device 4 7 Disobedience to officer directing traffic 4 8 Failing to yield right-of-way 4 9 Driving on wrong side of road 4 10 Passing unlawfully 4 11 Turning unlawfully 4 12 Driving through or within safety zone 4 13 Failing to give signal or giving improper 14 signal for stopping, turning, or 15 suddenly decreased speed 4 16 Shifting lanes without safety precaution 2 17 Improper dangerous parking 2 18 Following too closely 4 19 Failing to dim lights 2 20 Operating with improper lights 2 21 Operating with improper brakes 4 22 Operating a vehicle in unsafe condition 2 23 Driving in improper lane 2 24 Improper backing 2 25 Endangerment of a highway worker, no injury 2 26 Endangerment of a highway worker, injury results 4 27 Endangerment of a highway worker, great bodily injury 6” 28 29 SECTION 3. Section 5651536 of the 1976 Code is repealed. 30 31 SECTION 4. The repeal or amendment by this act of any law, 32 whether temporary or permanent or civil or criminal, does not 33 affect pending actions, rights, duties, or liabilities founded thereon, 34 or alter, discharge, release or extinguish any penalty, forfeiture, or 35 liability incurred under the repealed or amended law, unless the 36 repealed or amended provision shall so expressly provide. After 37 the effective date of this act, all laws repealed or amended by this 38 act must be taken and treated as remaining in full force and effect 39 for the purpose of sustaining any pending or vested right, civil 40 action, special proceeding, criminal prosecution, or appeal existing 41 as of the effective date of this act, and for the enforcement of 42 rights, duties, penalties, forfeitures, and liabilities as they stood 43 under the repealed or amended laws.

[4033] 12 1 2 SECTION 5. This act takes effect upon approval by the 3 Governor. 4 XX

[4033] 13