FIRST REGULAR SESSION

[TRULY AGREED TO AND FINALLY PASSED]

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 270

90TH GENERAL ASSEMBLY

1999



L0135.05T


AN ACT

To amend chapter 194, RSMo, by adding thereto five new sections relating to organized funeral processions, with a penalty provision.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Chapter 194, RSMo, is amended by adding thereto five new sections, to be known as sections 194.500, 194.503, 194.506, 194.509 and 194.512, to read as follows:

194.500.  As used in sections 194.500 to 194.512, the following terms mean:

(1)  "Funeral director", a person licensed as a funeral director pursuant to the provisions of chapter 333, RSMo;

(2)  "Funeral lead vehicle" or "lead vehicle", any motor vehicle equipped with at least one lighted circulating lamp exhibiting an amber or purple light or lens or alternating flashing headlamps visible under normal atmospheric conditions for a distance of five hundred feet from the front of the vehicle.  A hearse or coach properly equipped may be a lead vehicle;

(3)  "Organized funeral procession", two or more vehicles accompanying the remains of a deceased person from a funeral establishment, church, synagogue or other place where a funeral service has taken place to a cemetery, crematory or other place of final disposition, or a funeral establishment, church, synagogue or other place where additional funeral services will be performed, if directed by a licensed funeral director from a licensed establishment.

194.503.  1.  Except as otherwise provided for in this subsection, pedestrians and operators of all other vehicles shall yield the right-of-way to any vehicle which is a part of an organized funeral procession.

2.  Notwithstanding any traffic control device or right-of-way provision prescribed by state or local law, when the funeral lead vehicle in an organized funeral procession lawfully enters an intersection, all vehicles in the procession shall follow the lead vehicle through the intersection.  The operator of each vehicle in the procession shall exercise the highest degree of care toward any other vehicle or pedestrian on the roadway.

3.  An organized funeral procession shall have the right-of-way at all intersections regardless of any traffic control device at such intersections, except that operators of vehicles in an organized funeral procession shall yield the right-of-way to any approaching emergency vehicle pursuant to the provisions of section 304.022, RSMo, or when directed to do so by a law enforcement officer.

194.506.  1.  All vehicles in an organized funeral procession shall follow the preceding vehicle in the procession as closely as is practical and safe under the conditions.

2.  No person shall operate any vehicle as part of an organized funeral procession without the flashing emergency lights of such vehicle being lighted.

3.  Toll free passage shall be given on all toll bridges, tunnels and other toll highways to all vehicles in an organized funeral procession.

194.509.  1.  Any person who is not an operator of a vehicle in an organized funeral procession shall not:

(1)  Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to subsection 2 of section 194.506, except when required to do so by a law enforcement officer or when such person is operating an emergency vehicle giving an audible or visual signal;

(2)  Join a funeral procession for the purpose of securing the right-of-way granted in section 194.506; or

(3)  Attempt to pass any vehicle in an organized funeral procession, except where a passing lane has been specifically provided.

2.  When an organized funeral procession is proceeding through a red signal light as permitted in section 194.503, a vehicle not in the organized funeral procession shall not enter the intersection unless such vehicle may do so without crossing the path of the funeral procession.

3.  Any person violating the provisions of this section is guilty of an infraction which shall be punishable by a fine not to exceed one hundred dollars.

194.512.  1.  No ordinance, regulation or any other provision of law shall prohibit the use of a motorcycle utilizing flashing amber lights to escort an organized funeral procession on the highway.

2.  Any city, town, village or county may adopt an ordinance substantially similar to the provisions of sections 194.500 to 194.512.


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