State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2694: funeral escorts; funeral board licensure

PRIME SPONSOR: Representative Campbell, LD 1

BILL STATUS: Transportation

               

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDirects the Board of Funeral Directors and Embalmers (Board) to license funeral and military escort vehicles and drivers.

History

Laws 1998, Chapter 62 established the Board with the duties of examining and licensing individuals who provide funeral goods and services. Pursuant to A.R.S. § 28-776, the sheriff in each county is required to register funeral and military escort vehicles. The county sheriffs are permitted to certify any person who holds a valid driver license in Arizona as a certified driver of a funeral or military escort vehicle under specified conditions.

Each county sheriff is also required to recognize as valid a registered military escort vehicle and driver, if the registration or certification occurs in another county of Arizona. The county sheriff is also required to: 1) issue an identification sticker or plate that is affixed to a funeral or military escort vehicle; 2) approve or disprove in writing all marking, emblems, seals and other insignia on a vehicle before being displayed; 3) ensure that the vehicle does not bear similar markings, words, emblems, seals or other insignia of a law enforcement agency; 4) approve or disprove in writing all uniforms, badges, patches and insignia worn by a licensed driver of a funeral escort vehicle before being displayed; and 5) ensure that a uniform, badge, patch or insignia does not bear similar markings of a law enforcement agency.

Drivers of funeral or military escort vehicles are permitted to direct drivers of other vehicles in the procession to proceed through any intersection, make turns or other movements as directed by the driver notwithstanding any traffic control device. The driver is required to not exceed the posted speed limit and exercise reasonable and prudent care to avoid colliding with any other vehicle or pedestrian on the roadway. Additionally, drivers who are certified are permitted to direct and control vehicles in a funeral or military procession and any other vehicle in or approaching any intersection to stop, proceed, make turns or other movements as required without regard to any traffic control device. Funeral and military escort vehicles are permitted to exceed the speed limit by 15 miles per hour when overtaking processions to direct traffic at the next intersection.

Provisions

Funeral and Military Escort Licensure

1.       Directs the Board to license funeral and military escort vehicles and drivers in a manner prescribed by rule. (Sec. 1, 6)

2.       Eliminates the authority of each county sheriff to:

a.       register funeral or military escort vehicles;

b.       certify any person who holds a valid driver license as a certified driver of a funeral or military escort vehicle; and

c.        recognize valid military escort vehicles and drivers registered or certified in other counties. (Sec. 1)

3.       Requires the Board to issue a license to a driver of a funeral escort vehicle only if the applicant:

a.       works for a funeral escort business; and

b.       meets the other requirements prescribed by the Board.

4.       Requires the Board to issue a license to a driver of a military escort vehicle only if the applicant:

a.       is affiliated with a nonprofit corporation that provides military processions; and

b.       meets the other requirements prescribed by the Board.

5.       Requires the Board to adopt rules relating to the licensing of:

a.       funeral and military escort vehicles; and

b.       drivers of funeral and military escort vehicles. (Sec. 4)

6.       Permits the Board to establish and collect a fee for licensing funeral and military escort vehicles and drivers in an amount to be determined by the Board. (Sec. 5)

Funeral and Military Procession Right-of-Way

7.       Modifies the ability of a driver of a funeral or military escort vehicle to direct vehicles by:

a.       specifying that the driver may direct other vehicles that are approaching an intersection; and

b.       removing language specific to drivers who are certified by a county sheriff. (Sec. 1)

8.       Removes the ability of a funeral or military escort vehicle to exceed the speed limit by 15 miles per hour when overtaking a procession to direct traffic at the next intersection. (Sec. 1)

Funeral and Military Escort Vehicles and Drivers

9.       Requires that a funeral or military escort vehicle be equipped with at least one permanent lighted lamp exhibiting a red or red and blue lights or lens.

a.       Allows the lighted lamp to be temporarily affixed if a nonprofit corporation that provides military processions operates the vehicle. (Sec. 1)

10.   Requires the right and left side of a funeral escort vehicle to be permanently marked with the words funeral escort in letters that are at least five inches in height.

a.       Provides that, if the funeral escort is a motorcycle that is used by a nonprofit corporation, the driver must wear a reflective vest with letters that are at least two inches in height on the vest. (Sec. 1)

11.   Eliminates the provision that the driver of a funeral or military escort has same rights and privileges of a driver of an authorized emergency vehicle proceeding to an emergency call. (Sec. 1)

12.   Requires the Board, rather than each county sheriff, to:

a.       issue an identification sticker or plate that is affixed to the vehicle;

b.       approve or disprove in writing all marking, emblems, seals and other insignia on a vehicle before being displayed;

c.        ensure that the vehicle does not bear similar markings, words, emblems, seals or other insignia of a law enforcement agency;

d.       approve or disprove in writing all uniforms, badges, patches and insignia worn by a licensed driver of a funeral escort vehicle before being displayed; and

e.       ensure that a uniform, badge, patch or insignia does not bear similar markings of a law enforcement agency. (Sec. 1)

13.   Requires that a military escort vehicle that is used by a nonprofit corporation in a military procession to be clearly marked to indicate that the vehicle is a military escort vehicle.

a.       Allows the markings to be temporary. (Sec. 1)

Miscellaneous

14.   Requires a motor vehicle liability insurance policy for a funeral escort business or for a nonprofit corporation that provides military processions to list the Board as the certificate holder on the certificate of liability insurance. (Sec. 2)

15.   Modifies the definition of license to include a written authorization that is issued by the Board and that:

a.       entitles a person to act as a driver of a funeral or military escort vehicle; or

b.       allows a funeral or military escort vehicle to operate. (Sec. 3)

16.   Makes technical and conforming changes. (Sec. 1, 3-5)

 

 

 

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Fifty-fourth Legislature                               HB 2694

First Regular Session                    Version 1: Transportation

 

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