BILL NUMBER: AB 2509 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 18, 1998
AMENDED IN ASSEMBLY MAY 19, 1998
AMENDED IN ASSEMBLY APRIL 28, 1998
AMENDED IN ASSEMBLY APRIL 15, 1998
INTRODUCED BY Assembly Member Napolitano
FEBRUARY 20, 1998
An act to amend Section 21100 of, and to add Section
21119 to, the Vehicle Code, relating to vehicles. An
act to add and repeal Section 21100.7 of the Vehicle Code, relating
to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2509, as amended, Napolitano. Vehicles: funeral processions.
(1) Existing law 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 flow.
This bill would revise these provisions , until January 1,
2002, to require a local authority in the County of Los
Angeles , whenever it authorizes the regulation of traffic by
any person for a funeral procession, to issue each funeral escort 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.
The authority would be required to charge a fee for the issuance of
the identification card and official insignia, equal to the cost
incurred by the authority in issuing that card and insignia. For
these purposes, the bill would define "funeral escort" and "funeral
procession." The bill would require those local authorities to
regulate the formal training of funeral escorts relating to traffic
control and traffic safety procedures, as specified. Thus,
to the extent Because a violation of these provisions
would be a crime and because the bill would increase the
responsibilities of local authorities, the bill would impose a
state-mandated local program.
(2) 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 $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21100 of the Vehicle Code is
SECTION 1. Section 21100.7 is added to the Vehicle Code, to read:
21100.7. (a) Whenever a local authority in the County of Los
Angeles authorizes the regulation of traffic for a funeral procession
pursuant to paragraph (1) of subdivision (e) of Section 21100, the
local authority shall do all of the following:
(1) Issue each funeral escort in 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. The local
authority shall charge the funeral escort or his or her employer a
fee that is equal to the costs incurred by the authority in issuing
that card and insignia.
(2) Require that each vehicle in the funeral procession be clearly
marked with a funeral sticker and have its headlights activated.
(3) Require that there be one funeral escort for every 12 vehicles
in the procession, except that the escort in charge of the
procession shall be authorized to vary this requirement based on
traffic conditions and the nature of the route.
(4) 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) Record keeping and reporting of incidents.
(v) Safety and inspection of motorcycles and other funeral escort
vehicles.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Funeral escort" means a uniformed person employed by a
mortuary or company to direct the movement of a group of vehicles
engaged in a funeral procession.
(2) "Funeral procession" means 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 another location, to a
transportation facility, cemetery, or crematory.
(c) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2002, deletes or
extends that date.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, 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 Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution. amended to read:
21100. Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
(a) Regulating or prohibiting processions or assemblages on the
highways.
(b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
(c) Regulating traffic by means of traffic officers.
(d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
(e) (1) Regulating traffic by means of any person given temporary
or permanent appointment for that duty by the local authority
whenever official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
that require traffic direction for orderly traffic flow.
No person, however, shall be appointed pursuant to this paragraph
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform that duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve the proposed program if
he or she reasonably determines that the program will provide
sufficient training for persons assigned to perform the duty
described in this paragraph.
(2) (A) Whenever a local authority authorizes the regulation of
traffic pursuant to paragraph (1) for a funeral procession, the local
authority 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. A
local authority shall charge the funeral escort or his or her
employer a fee for the issuance of an identification card and an
official insignia pursuant to this subparagraph to the funeral escort
equal to the costs incurred by the authority in issuing that card
and insignia.
(B) For the purposes of this paragraph, the following definitions
shall apply:
(i) "Funeral escort" means a uniformed person employed by a
mortuary or company to direct the movement of a group of vehicles
engaged in a funeral procession.
(ii) "Funeral procession" means 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. For the purposes of
this paragraph, each vehicle shall be clearly marked with a funeral
sticker and each vehicle shall have its headlights activated. 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.
(f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
(g) Licensing and regulating the operation of tow truck service or
tow truck drivers whose principal place of business or employment is
within the jurisdiction of the local authority, except the operation
and operators of any auto dismantlers' tow vehicle licensed under
Section 11505 or any tow truck operated by a repossessing agency
licensed under Chapter 11 (commencing with Section 7500) of Division
3 of the Business and Professions Code and its registered employees.
Nothing in this subdivision shall limit the authority of a city or
city and county pursuant to Section 12111.
(h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
(i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
(j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
(k) (1) Regulating cruising pursuant to an ordinance or resolution
which shall define cruising as the repetitive driving of a motor
vehicle past a traffic control point in traffic that is congested at
or near the traffic control point, as determined by the ranking peace
officer on duty within the affected area, within a specified time
period and after the vehicle operator has been given an adequate
written notice that further driving past the control point will be a
violation of the ordinance or resolution.
(2) No person is in violation of an ordinance or resolution
adopted pursuant to paragraph (1) unless (A) that person has been
given the written notice on a previous driving trip past the control
point and then again passes the control point in that same time
interval and (B) the beginning and end of the portion of the street
subject to cruising controls are clearly identified by signs that
briefly and clearly state the appropriate provisions of paragraph (1)
and the local ordinance or resolution on cruising.
(l) Regulating or authorizing the removal by peace officers of
vehicles unlawfully parked in a fire lane, as described in Section
22500.1, on private property. Any removal pursuant to this
subdivision shall be consistent to the extent possible with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
SEC. 2. Section 21119 is added to the Vehicle Code, to read:
21119. Local authorities that authorize the regulation of traffic
under paragraph (1) of subdivision (e) of Section 21100 for funeral
processions, 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:
(1) Traffic control and direction.
(2) Legal responsibilities of funeral escorts.
(3) Safety requirements for funeral processions.
(4) Recordkeeping and reporting of incidents.
(5) Safety and inspection of motorcycles and other funeral escort
vehicles.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because a local agency or school district has the authority to levy
service charges, fees, or assessments sufficient to pay for the
program or level of service mandated by this act, within the meaning
of Section 17556 of the Government Code.
However, notwithstanding Section 17610 of the Government Code, 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 Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.