As Amended by Senate Committee

          Session of 1998
By Committee on Transportation and Tourism
          10             AN ACT concerning funeral processions; relating to the regulation
11             thereof; amending K.S.A. 8-1729 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. As used in sections 1 through 5:
15           (a) ``Funeral director'' shall have the same meaning as ascribed to
16       that term in K.S.A. 65-1713, and amendments thereto.
17           (b) ``Funeral establishment'' shall have the same meaning as ascribed
18       to that term in K.S.A. 65-1713a, and amendments thereto.
19           (c) ``Funeral procession'' means two or more vehicles accompanying
20       the body of a deceased person, or traveling to the church, chapel or other
21       location at which the funeral service is to be held, in the daylight hours,
22       including a funeral lead vehicle or a funeral escort vehicle.
23           (d) ``Funeral lead vehicle'' means any authorized law enforcement or
24       nonlaw enforcement motor vehicle properly equipped pursuant to section
25       2 or a funeral escort vehicle being used to lead and facilitate the move-
26       ment of a funeral procession. A funeral hearse may serve as a funeral lead
27       vehicle.
28           (e) ``Funeral escort'' means a person or entity that provides escort
29       services for funeral processions, including law enforcement personnel and
30       agencies.
31           (f) ``Funeral escort vehicle'' means any motor vehicle that is properly
32       equipped pursuant to section 2 and which escorts a funeral procession.
33           New Sec. 2. (a) All nonlaw enforcement funeral escort vehicles and
34       funeral lead vehicles shall be equipped with at least one rotating or os-
35       cillating lamp exhibiting a purple light or lens visible under normal at-
36       mospheric conditions for a distance of 500 feet from the front of the
37       vehicle. Flashing purple lights may be used only when such vehicles are
38       used in a funeral procession.
39           (b) Any law enforcement funeral escort vehicle may be equipped as
40       provided in K.S.A. 8-1720, and amendments thereto, or with purple flash-
41       ing lights as provided in subsection (a).
42           New Sec. 3. (a) Regardless of any traffic control device or right-of-
43       way provisions prescribed by state or local ordinance, pedestrians and

SB 557--Am.


  1       operators of all vehicles, except as stated in subsection (c), shall yield the
  2       right-of-way to any vehicle which is part of a funeral procession being led
  3       by a funeral escort vehicle or a funeral lead vehicle.
  4           (b) When the funeral lead vehicle lawfully enters an intersection, ei-
  5       ther by reason of a traffic control device or at the direction of law en-
  6       forcement personnel, the remaining vehicles in the funeral procession
  7       may follow through the intersection regardless of any traffic control de-
  8       vices or right-of-way provisions prescribed by state or local law.
  9           (c) Funeral processions shall have the right-of-way at intersections
10       regardless of traffic control devices, subject to the following conditions
11       and exceptions:
12           (1) Operators of vehicles in a funeral procession shall yield the
13       right-of-way to an approaching authorized emergency vehicle, as defined
14       in K.S.A. 8-1404, and amendments thereto, giving an audible or visible
15       signal;
16           (2) operators of vehicles in a funeral procession shall yield the
17       right-of-way when directed to do so by a police officer; and
18           (3) operators of vehicles in a funeral procession must exercise due
19       care when participating in a funeral procession.
20           New Sec. 4. (a) All vehicles comprising a funeral procession shall
21       follow the preceding vehicle in the funeral procession as closely as is
22       practical and safe.
23           (b) Any ordinance, law or regulation stating that motor vehicles shall
24       be operated to allow sufficient space enabling any other vehicle to enter
25       and occupy such space without danger shall not be applicable to vehicles
26       in a funeral procession.
27           (c) Each vehicle which is part of a funeral procession shall have its
28       headlights, either high or low beam, and tail lights lighted and may also
29       use the flashing hazard lights if the vehicle is so equipped.
30           New Sec. 5. (a) Liability for any death, personal injury or property
31       damage suffered by any person on or after July 1, 1998, by any person
32       in which arises out of a funeral procession shall not be imposed upon
33       the funeral director or funeral establishment or their employees or agents
34       unless such death, personal injury or property damage is proximately
35       caused by results from the negligent or intentional act of an the funeral
36       director or funeral establishment or their employee or agent of the
37       funeral director or funeral establishment.
38           (b) A funeral director, funeral establishment, funeral escort or other
39       participant that leads, organizes or participates in a funeral procession in
40       accordance with this act shall be presumed to have acted with reasonable
41       care.
42           (c) Except for a grossly negligent or intentional act by a funeral di-
43       rector or funeral establishment there shall be no liability on the part of a

SB 557--Am.


  1       funeral director or funeral establishment for failing, on or after July 1,
  2       1998, to use reasonable care in the planning or selection of the route to
  3       be followed by the funeral procession.
  4           Sec. 6. K.S.A. 8-1729 is hereby amended to read as follows: 8-1729.
  5       (a) During the times specified in K.S.A. 8-1703, and amendments thereto,
  6       any lighted lamp or illuminating device upon a motor vehicle, other than
  7       head lamps, spot lamps, auxiliary lamps, flashing turn signals, vehicular
  8       hazard warning lamps and school bus warning lamps, which projects a
  9       beam of light of an intensity greater than three hundred (300) 300 can-
10       dlepower shall be so directed that no part of the high intensity portion of
11       the beam will strike the level of the roadway on which the vehicle stands
12       at a distance of more than seventy-five (75) 75 feet from the vehicle.
13           (b) Except as required or permitted in K.S.A. 8-1720 and 8-1730, and
14       any amendments thereto, no person shall drive or move any vehicle or
15       equipment upon any highway with any lamp or device capable of dis-
16       playing a red light visible from directly in front of the center thereof, nor
17       shall any vehicle or equipment upon any highway have any lamp or device
18       displaying any color of light visible from directly in front of the center
19       thereof except:
20           (1) White or amber or any shade of color between white and amber;
21       or
22           (2) as provided in section 2.
23           (c) Flashing lights are prohibited except as authorized or required in
24       K.S.A. 8-1717, 8-1720, 8-1721, 8-1722, 8-1723(e), 8-1730, 8-1730a and
25       8-1731, and any amendments thereto or as provided in section 2.
26           (d) The flashing lights described in K.S.A. 8-1720, 8-1730 and 8-
27       1730a, and any amendments thereto, shall not be used on any vehicle
28       other than a school bus, church bus or day care program bus, as defined
29       in K.S.A. 8-1730a, or an authorized emergency vehicle.
30           (e) All lighting devices and reflectors mounted on the rear of any
31       vehicle shall display or reflect a red color, except the stop light or other
32       signal device, which may be red, amber or yellow, and except that the
33       light illuminating the license plate shall be white and the light emitted by
34       a back-up lamp shall be white or amber.
35           (f) Flashing purple lights shall be used only as provided in sections 1
36       through 5.
37           Sec. 7. K.S.A. 8-1729 is hereby repealed.
38           Sec. 8. This act shall take effect and be in force from and after its
39       publication in the statute book.