South Carolina General Assembly

115th Session, 2003-2004

H. 4731

STATUS INFORMATION

General Bill

Sponsors: Reps. Howard, Bales, J.Brown, Cotty, Harrison, Lourie, J.H.Neal, Parks, Quinn, Rutherford, Scott and J.E.Smith

Document Path: l:\council\bills\swb\5804cm04.doc

Companion/Similar bill(s): 912

Introduced in the House on February 11, 2004

Introduced in the Senate on April 20, 2004

Last Amended on April 14, 2004

Currently residing in the Senate Committee on Transportation

Summary: Funeral processions

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/11/2004HouseIntroduced and read first time HJ11

2/11/2004HouseReferred to Committee on Medical, Military, Public and Municipal AffairsHJ11

3/17/2004HouseCommittee report: Favorable with amendment Medical, Military, Public and Municipal AffairsHJ51

3/18/2004Scrivener's error corrected

3/23/2004HouseDebate adjourned until Wednesday, March 24, 2004 HJ98

3/24/2004HouseDebate adjourned until Thursday, March 25, 2004 HJ14

3/25/2004HouseRequests for debateRep(s).Cooper, Rice, Sandifer, Duncan, MA Pitts, Whitmire, Thompson, Young, Kennedy, Clark and Pinson HJ12

3/25/2004HouseDebate adjourned until Tuesday, March 30, 2004 HJ18

3/31/2004HouseDebate adjourned until Tuesday, April 13, 2004 HJ24

4/14/2004HouseAmended HJ105

4/14/2004HouseRead second time HJ107

4/14/2004HouseRoll call Yeas37 Nays0 HJ107

4/15/2004HouseRead third time and sent to Senate HJ32

4/15/2004Scrivener's error corrected

4/20/2004SenateIntroduced and read first time SJ9

4/20/2004SenateReferred to Committee on TransportationSJ9

VERSIONS OF THIS BILL

2/11/2004

3/17/2004

3/18/2004

4/14/2004

4/15/2004

AMENDED

April 14, 2004

H.4731

Introduced by Reps. Howard, Bales, J.Brown, Cotty, Harrison, Lourie, J.H.Neal, Parks, Quinn, Rutherford, Scott and J.E.Smith

S. Printed 4/14/04--H.[SEC 4/15/04 3:34 PM]

Read the first time February 11, 2004.

[4731-1]

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 565850 SO AS TO DEFINE THE TERM “FUNERAL PROCESSION”, AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:

“Section 565850.(A)As used in this section, ‘funeral procession’ means two or more vehicles accompanying the body of a deceased person when each vehicle has its headlights on or is displaying a pennant attached in a manner as to clearly be visible to approaching traffic, or is escorted by a law enforcement vehicle.

(B)A vehicle in a funeral procession has the rightofway at an intersection and may proceed through the intersection if the procession is led by an escort vehicle displaying flashing yellow, red, or blue lights, except when:

(1)an emergency vehicle requires the rightofway;

(2)vehicles in the procession are directed otherwise by a law enforcement officer; or

(3)the vehicle is a train or locomotive.

(C)Before assuming the rightofway, a person who drives a vehicle in a funeral procession shall exercise caution with regard to crossing traffic.

(D)A person who drives a vehicle that is not part of a funeral procession shall not drive the vehicle between the vehicles of the funeral procession or interfere with the progress of the procession, except when the:

(1)person is authorized to do so by a law enforcement officer; or

(2)vehicle is an emergency vehicle.

(E)A person who drives a vehicle that is not a part of a funeral procession shall not illuminate the vehicle headlights or engage in any other act for the purpose of securing the rightofway granted to funeral processions.

(F)The escort vehicle, hearse, or other vehicles in a funeral procession may be equipped with flashing amber lights for the purpose of notifying the general public of the procession and gaining the rightofway at intersections, or signaling the end of a procession.

(G)A person authorized to use flashing lights may use them while accompanying a funeral procession to warn traffic that a procession is approaching or that it is in progress.

(H)When a funeral procession is in progress, a person driving a vehicle not in the procession shall not pass or overtake any vehicle in the procession unless the:

(1)person is directed to do so by a law enforcement officer;

(2)procession is on a street, road, or highway outside the corporate limits of a city, town, or urbancounty; or

(3)procession is on an interstate highway or a state parkway.

(I)A person who violates this section is guilty of a Class C misdemeanor.

(J)Notwithstanding any other provision of law, this section applies to Richland County only.”

SECTION2.This act takes effect upon approval by the Governor.

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