Brief⁽¹⁾

S.B. 66, as amended, relates to funeral processions. The bill would:

require funeral lead and escort vehicles to be equipped with rotating purple or amber lights;

restrict the use of flashing purple lights only during a funeral procession;

require all traffic, except for emergency vehicles, to yield the right-of-way to any vehicle of a funeral procession;

provide that a vehicle operator in a procession would not have the right-of-way at an intersection, regardless of traffic control devices, if the vehicle is more than 300 feet behind the immediately preceding vehicle;

require each funeral procession vehicle to have its headlights turned on and follow in a close manner;

not prohibit cities or counties from requiring a law enforcement or nonlaw enforcement funeral lead vehicle or escort;

exempt the funeral director or establishment from liability arising out of a funeral procession, unless it results from the negligent or intentional act of the funeral director or establishment; and

amend the uniform traffic fine schedule to include failure to yield the right-of-way to a funeral procession and failure to have headlights on or to follow closely in a funeral procession.

Background

S.B. 66 was requested by the Kansas Funeral Directors and Embalmers Association, Inc. (KFDEA). The owner of Roberts-Blue-Barnett Funeral Home, Emporia, Kansas, and the KFDEA testified in support of the measure. These conferees testified that Kansas currently has no comprehensive law governing funeral processions and that rules concerning funeral processions, if they exist at all, are currently established on a county-by-county or city-by-city basis. Supporters of the bill said that funeral homes in Kansas have become concerned about conducting funeral processions without a law setting forth the rules under which processions are to be conducted. KFDEA believes a funeral procession law would improve the safety of funeral processions by setting forth a clear set of rules that must be followed by funeral directors and the public. Such a law would also reduce the potential liability to funeral homes resulting from conducting funeral processions.

The League of Municipalities spokesperson suggested an amendment to provide that if a car falls back from the funeral procession, it no longer would have the right-of-way at controlled intersections. Such amendment was adopted by the Committee.

Passage of S.B. 66 would have no impact on state operations.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.