BILL ANALYSIS                                                                                                                                                                                                    




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Date of Hearing:  April 20, 1998 

                     ASSEMBLY COMMITTEE ON TRANSPORTATION
                            Kevin Murray, Chairman

              AB 2509 (Napolitano) - As Amended:  April 15, 1998

  SUBJECT  :  Vehicles:  funeral processions

  SUMMARY  :  Establishes statewide standards for funeral processions.   
Specifically,  this bill  :  

1)  Provides that local authorities that authorize the regulation of traffic  
    for funeral processions, shall issue each funeral escort of that  
    procession an identification card and an official insignia in the form of  
    a patch or badge indicating that the funeral escort is authorized to  
    direct traffic in accordance with the movement of the funeral procession.

2)  Allows that a motorcycle or other vehicle that is used exclusively for  
    funeral escort purposes, whether it is a funeral coach or a limousine  
    carrying human remains, may be equipped with white or amber, or both white  
    and amber, flashing lights.  The flashing lights may be used only when the  
    motorcycle, other funeral escort vehicle, or lead vehicle is stopped at an  
    intersection.

3)  Allows a motorcycle or other vehicle used exclusively for funeral escort  
    purposes to be equipped with a specified air horn meeting certain  
    requirements.  The air horn authorized may be used only in emergency  
    situations.

4)  Allows a motorcycle or other vehicle that is used exclusively for funeral  
    escort purposes to be painted to resemble a police motor vehicle, if that  
    vehicle is equipped with all of the following:

    a)  Flashing lights, as described above.

    b)  An air horn, as described above.

    c)  Traffic control decals on both sides of the front of the vehicle or  
    motorcycle that differentiates that vehicle from a police motorcycle or  
    other police vehicle, and indicates that the vehicle is for use as a  
    funeral escort.

5)  No reimbursement is required by this act.  However, if the Commission on  
    State Mandates determines that this act contains other costs mandated by  
    the state, reimbursement to local agencies and school districts for those  
    costs shall be made pursuant to current law.

6)  Defines "funeral escort" as a uniformed person employed by a mortuary or 
company to direct the movement of a group of vehicles engaged in a funeral  
procession.

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7)  Defines "funeral procession" as a group of two or more vehicles traveling  
    in line from a funeral service, whether that funeral service is held at a  
    place of worship or other location, to a transportation facility,  
    cemetery, or crematory.  The vehicle shall be clearly marked with a  
    funeral sticker and each vehicle shall have its headlights activated.

8)  Provides that there shall be one escort for every 12 vehicles in the  
    procession, except that the escort in charge of the procession may vary  
    this requirement based on traffic conditions and the nature of the route.

9)  Provides that local authorities that authorize the regulation of traffic  
    for funeral procession, shall regulate the formal training of funeral  
    escorts relating to traffic control and traffic safety procedures.  At a  
    minimum, the regulation shall require providers of funeral escort services  
    to do all of the following:

    a)  Provide funeral escorts with not less than 30 hours of formal training  
        on traffic control and traffic safety procedures.

    b)  Certify the participation of funeral escorts in not less than 25  
        funeral processions.

    c)  Establish a training manual that includes, but is not limited to, all  
        of the following subjects:


          i)  Traffic control and direction.
         ii)  Legal responsibilities of funeral escorts.
        iii)  Safety requirements for funeral processions.
         iv)  Recordkeeping and reporting of incidents.
          v)  Safety and inspection of motorcycles and other funeral escort  
        vehicles.                                                               
              

  EXISTING LAW  :  

1)  Permits local authorities to adopt rules and regulations by ordinance to  
    authorize any person to direct traffic at locations that require traffic  
    direction for orderly traffic.

2)  Prohibits flashing lights on vehicles, except, among other things, to warn  
    other motorists of a funeral procession, as specified.  However, turn  
    signal lamps may be flashed as warning lights on all vehicles actually  
    engaged in a funeral procession, if the front turn signal lamps at each  
    side are being flashed simultaneously and the rear turn signal lamps at  
    each side are being flashed simultaneously.

3)  Prohibits any vehicle, except an authorized emergency vehicle, to be  
    equipped with any siren.


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4)  Prohibits a person from owning or operating a motor vehicle that is  
    painted to resemble a motor vehicle used by a peace officer or traffic  
    officer on duty for the primary purpose of enforcing specified provisions.

5)  The California Constitution requires the state to reimburse local agencies  
    and school districts for certain costs mandated by the state.  Statutory  
    provisions establish procedures for making that reimbursement, including  
    the creation of a State Mandates Claims Fund to pay the costs of mandates  
    that do not exceed $1 million statewide and other procedures for claims  
    whose statewide costs exceed $1 million.

  FISCAL EFFECT  :  Unknown

  COMMENTS  :  The sponsor, the California Funeral Directors Association, states  
that this simply provides guidelines in order to avoid confusion among local  
authorities who regulate traffic for funeral processions.

The author and sponsor provide that they have worked in cooperation with the  
California Highway Patrol to adopt language that best standardizes and  
clarifies differing traffic laws and regulations.  They assert that there is  
sometimes confusion between local authorities and those conducting the funeral  
procession as to the responsibilities of the authorized personnel.  They also  
offer that Funeral Directors have reported difficulties in cases where funeral  
processions must pass from one jurisdiction to another where a different set  
of responsibilities is mandated on the funeral processions.

  Proposed Author's Amendments  :  Law enforcement has expressed concern that the  
components of the measure which allow the escort vehicle or motorcycle to be  
equipped with flashing lights, an air horn, and decals would create confusion  
for the public when discerning between a law enforcement vehicle and a funeral  
procession escort.  The author has expressed intent to delete these provisions  
from the bill.



















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  REGISTERED SUPPORT / OPPOSITION  :

  Support  

California Funeral Directors Association (sponsor)
Allen-English & Estrada
Biby & Belyea Mortuary
Blackman Mortuary
Callanan Mortuary
Custer Christiansen Mortuaries
Risher Montebello Mortuary
Secure Transportation

  Opposition  

Unknown

  Analysis prepared by  :  Kristen Wingate / atrans / (916) 319-2047

































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