Prohibits disruption of a funeral procession by making it illegal for a driver of a motor vehicle to force his/her way into the line of said procession.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the safety of funeral processions
PURPOSE OR GENERAL IDEA OF BILL: Prohibits disruption of a funeral procession by making it illegal for a driver of a motor vehicle to unreasonably interfere with the orderly progression of the funeral procession. No funeral firm, licensed or registered person, employee or agent will have to face any liability for personal injury or damages if the person(s) acted within the scope of his, her duties. Liability will not be limited if any funeral firm, licensed or registered person, employee, or agent act unlawfully.
SUMMARY OF SPECIFIC PROVISIONS: This legislation amends Article 33 of the Vehicle and Traffic Law by adding a new section 1223-B. This legislation would make it illegal for a driver of a motor vehicle to enter the space of two vehicles traveling single file in a funeral procession in a way that unreasonably interferes with the procession.
JUSTIFICATION: Not all citizens of this state have the honor of being assigned a police escort during a funeral procession. This bill would help maintain the dignity and respect that is due to all deceased citizens of New York state and help protect the safety of those involved in a funeral procession.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3119--C Cal. No. 329 2009-2010 Regular Sessions IN SENATE March 11, 2009 ___________Introduced by Sens. HUNTLEY, DIAZ, ESPADA, HASSELL-THOMPSON, C. JOHNSON, ONORATO, PERKINS, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recom- mitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the vehicle and traffic law, in relation to the safety of funeral processions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 1223-b to read as follows: S 1223-B. FUNERAL PROCESSIONS. 1. A DRIVER OF A VEHICLE SHALL NOT ENTER A LANE ON A PUBLIC HIGHWAY IN THE SPACE BETWEEN TWO VEHICLES TRAV- ELING SINGLE FILE IN A FUNERAL PROCESSION IN A MANNER WHICH UNREASONABLY INTERFERES WITH THE ORDERLY PROGRESSION OF SUCH FUNERAL PROCESSION; PROVIDED THAT THE DRIVERS OF SUCH VEHICLES IN SUCH FUNERAL PROCESSION SHALL HAVE INDICATED THEIR STATUS AS MEMBERS OF A FUNERAL PROCESSION BY TURNING ON THEIR HEADLIGHTS AND THEIR FLASHING HAZARD LIGHTS. 2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED FIFTY DOLLARS. 3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT ACT, AND SHALL NOT BE CONSTRUED TO ACT, AS DEFINING OR LIMITING THE STATUS OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04314-10-0 S. 3119--C 2
MEMBERS OF A FUNERAL PROCESSION FOR ANY PURPOSE OR LAW OTHER THAN FOR THE PURPOSE OF THIS SECTION. 4. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO IMPOSE ANY LIABIL- ITY FOR PERSONAL INJURY OR DAMAGES RESULTING FROM A VIOLATION OF THIS SECTION UPON A FUNERAL FIRM OR ANY PERSON LICENSED OR REGISTERED PURSU- ANT TO THE ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR AGENT THEREOF, WHEN SUCH FIRM, PERSON, EMPLOYEE OR AGENT IS ACTING WITHIN THE SCOPE OF HIS, HER OR ITS DUTIES. 5. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO LIMIT THE LIABILITY OF ANY FUNERAL FIRM OR ANY PERSON LICENSED OR REGISTERED PURSUANT TO ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR AGENT THEREOF, PURSUANT TO ANY OTHER PROVISION OF LAW OR AT EQUITY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.