South Carolina General Assembly
115th Session, 2003-2004

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Bill 4731

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 17, 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 3/17/04--H.

Read the first time February 11, 2004.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 4731) to amend the Code of Laws of South Carolina, 1976, by adding Section 56-5-850 so as to define the term "funeral procession", and to provide, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION    1.    Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-850.    (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 right-of-way 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 right-of-way;

(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 right-of-way, 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 right-of-way 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 right-of-way 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 in either direction 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, or town;

(3)    driver is traveling in the opposite direction on a divided multi-lane highway, road, or street; or

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

(I)    A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars."

SECTION    2.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

JOE E. BROWN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Public Safety states that this bill would have no impact on the General Fund of the State or federal and/or other funds as the Highway Patrol only performs activities related to funerals on rare occasions.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 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.

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

SECTION    1.    Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-850.    (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 right-of-way 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 right-of-way;

(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 right-of-way, 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 right-of-way 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 right-of-way 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 urban-county; 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."

SECTION    2.    This act takes effect upon approval by the Governor.

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