Bill Summary for H 251 (2023-2024)

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Summary date: 

May 3 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 251 (Public) Filed Wednesday, March 1, 2023
AN ACT TO ALLOW FUNERAL PROCESSIONS TO HAVE THE RIGHT-OF-WAY AT INTERSECTIONS REGARDLESS OF TRAFFIC CONTROL SIGNS OR SIGNALS AND TO PROVIDE IMMUNITY TO THE FUNERAL DIRECTOR OR FUNERAL ESTABLISHMENT FOR ANY DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE CAUSED BY THE ACTION OR INACTION OF A PERSON OPERATING A VEHICLE IN A FUNERAL PROCESSION.
Intro. by Alexander.

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Bill summary

House committee substitute to the 1st edition makes the following changes. Amends the definition of funeral procession in GS 20-157.1(a) to narrow the scope of the type of lead vehicles that meet the requirements of the definition to: (1) State or local law enforcement vehicle, (2) other vehicle designated by a law enforcement officer, or (3) other vehicle registered by the funeral establishment in accordance with the registration provisions of the act, and displaying a flashing amber or purple light, sign, pennant, flag, or other insignia furnished by a funeral establishment (was, funeral home) indicating a funeral procession. (Removes language allowing the funeral director to designate the lead vehicle and language simply referring to a lead vehicle without the registration requirement.)   

Revises GS 20-157.1(b) to specify that a funeral establishment lead vehicle must display and keep activated while leading a funeral procession a flashing amber or purple light that is clearly visible from 500 feet in all directions. Specifies that a lead vehicle operated by a State or local law enforcement officer must give appropriate warning by light or siren during a funeral procession.

Revises GS 20-157.1(c) by setting forth requirements for lead vehicles that are not law enforcement vehicles. Specifies such vehicles must first comply with all traffic-control signs and signals and after stopping, may lawfully progress through any stop sign, flashing red light, or steady-beam red light if the intersection is clear, exercising reasonable care towards any other vehicle or pedestrian. Makes a clarifying change by moving language from GS 20-157.1(e) pertaining to the right-of-way to other vehicles in the procession to subsection (c), so that the statute specifies that once the lead vehicle has crossed the intersection, the remaining vehicles have the right-of-way at intersections, regardless of traffic control signs or signals and may proceed through the intersection without stopping. (Was, just authorized to proceed through the intersection without stopping.) Makes other technical changes. Makes conforming changes to GS 20-157.1(e), (h), and (i).

Amends GS 20-157.1(j1) to require the Department of Transportation (DOT), upon registration, to provide to a funeral establishment informational material on the authorities, responsibilities, and requirements of GS 20-157.1 as applicable to funeral establishments, funeral processions, and funeral establishment lead vehicles. Specifies that the registration fee cannot be charged per vehicle. Amends GS 20-157.1(n)(2) to clarify that only independent contractors who are not State or local law enforcement may be considered agents of the funeral director or funeral establishment for purposes of the immunity provisions set forth in that section so long as the independent contractor meets the other requirements set forth in that subsection. 

Requires the Division of Motor Vehicles (DMV) to develop a lead vehicle registration form, a system for accepting the form and any other documentation electronically, to make the form available on its website, and to develop the informational material described above by December 1, 2023.

Amends the effective date so that the provisions barring a vehicle from knowingly driving between vehicles in a funeral procession (GS 120-57.1(i)) are effective December 1, 2023.