BILL NUMBER: AB 2509 CHAPTERED
BILL TEXT
CHAPTER 480
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 1998
APPROVED BY GOVERNOR SEPTEMBER 13, 1998
PASSED THE ASSEMBLY AUGUST 20, 1998
PASSED THE SENATE AUGUST 18, 1998
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 add and repeal Section 21100.7 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2509, 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. 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.