S T A T E O F N E W Y O R K
Cal. No. 329
2009-2010 Regular Sessions
I N S E N A T E
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 OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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.