To amend chapter 194, RSMo, by adding thereto seven new sections relating to funeral processions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 194, RSMo, is amended by adding thereto seven new sections, to be known as sections 194.500, 194.503, 194.506, 194.509, 194.512, 194.515 and 194.518, to read as follows:

     194.500. As used in sections 194.500 to 194.518 the following terms shall mean:

     (1) "Organized funeral procession", two or more vehicles accompanying the remains of a deceased person between a funeral establishment, church, synagogue or other place where a funeral service has taken place and a cemetery, crematory, or another place of final disposition, if:

     a. The procession is proceeded by a lead vehicle; and

     b. A licensed funeral director has assumed responsibility for organizing and directing the procession, such person being referred to in this chapter as the funeral director in charge; and

     c. Vehicles known by the funeral director in charge to be part of the procession are marked by displaying funeral flags or pennants when it is possible to attach such pennant or flag; and

     d. The funeral director in charge, or a licensed funeral establishment, has insurance covering the liability of funeral director in charge, the funeral establishment, and the agents and employees of the funeral director in charge and the funeral establishment, in an amount not less than one million dollars; and

     e. The procession is taking place during daylight hours;

     (2) "Funeral lead vehicle" or "lead vehicle", any motor vehicle equipped with at least one lighted circulating lamp exhibiting an amber light or lens visible under normal atmospheric conditions for a distance of five hundred feet from the front of the vehicle;

     (3) "Funeral flag" or "funeral pennant", a flag or pennant at least three inches by five inches which is florescent orange in color and which has printed in black the word "funeral" on both sides;

     (4) "Funeral director" or "funeral director in charge", a person licensed as a funeral director under the provisions of chapter 333, RSMo; and

     (5) "Funeral establishment", an entity licensed as a funeral establishment under the provisions of chapter 333, RSMo.

     194.503. Pedestrians and operators of all vehicles, except as provided in this section, shall yield the right-of-way to any vehicle which is part of an organized funeral procession. Whenever the funeral lead vehicle in an organized funeral procession lawfully enters an intersection, the remainder of the vehicles in such funeral procession may continue to follow the funeral lead vehicle through the intersection, notwithstanding any traffic control device or right-of-way provision prescribed by a statute or local ordinance, provided the operator of each vehicle exercises reasonable care toward any other vehicle or pedestrian on the roadway, subject to the following:

     (1) Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible or visible sign; and

     (2) Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a law enforcement officer.

     194.506. All vehicles comprising an organized funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe under the conditions on public highways and on other public streets and roads at a speed not to exceed five miles per hour below the posted speed limit. No person shall operate any vehicle as part of a funeral procession without having the head lights and tail lights of such vehicle lighted and the emergency lights flashing.

     194.509. 1. No person who is not a member of an organized funeral procession, shall:

     (1) Drive between the vehicles comprising an organized funeral procession while they are in motion and when such vehicles are displaying funeral pennants or flags as required herein, except when authorized to do so by a law enforcement officer, or when such vehicle is an emergency vehicle giving an audible or visible signal;

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

     (3) Attempt to pass vehicles 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 as permitted herein, a vehicle that is not in the organized funeral procession may not enter the intersection, unless it can do so without crossing the path of the funeral procession.

     3. Any person violating any provision of this section shall be deemed guilty of an infraction, punishable by a fine not to exceed one hundred dollars.

     194.512. No ordinance, regulation or any other provision of law shall prohibit the use of motorcycles utilizing flashing amber lights for the purpose of escorting funeral processions on the highways. Any city, town, village or county may adopt an ordinance substantially similar to this statute.

     194.515. 1. Liability of any funeral establishment for any death, personal injury, or property loss suffered by any person who is a member of an organized funeral procession shall be limited to one million dollars per occurrence, unless a damage was proximately caused by an intentional act or gross negligence by the funeral establishment, funeral director, employee, or agent. Liability for any funeral establishment for any death, personal injury, or property loss suffered by any person as a result of any intentional or negligent act by any member of an organized funeral procession shall be limited to one million dollars per occurrence, unless a damage was proximately caused by an intentional act or gross negligence by the funeral establishment, funeral director, employee or agent.

     2. The operator of a vehicle in an organized procession shall not be deemed to be an agent of the funeral director in charge, the funeral establishment, the funeral establishment's agents, or employees, unless such operator is an employee of the funeral director, or the funeral establishment and acting in the course of his employment, or unless such operator was retained as an independent contractor of the funeral home and is performing services pursuant thereto.

     194.518. The department of revenue shall provide, in its driver's handbook, information regarding the rights and responsibilities of the motorist in conjunction with funeral processions.