BILL ANALYSIS
AB 2509
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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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