SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 131
As Recommended by Senate Committee on
Transportation

Brief*
SB 131 would add law regarding funeral processions
and right of way.
The bill would define “funeral procession,” “funeral lead
vehicle,” and “funeral escort.”
The bill would authorize funeral escorts to reasonably
direct vehicle and pedestrian traffic to allow funeral
processions to pass through intersections and disregard
traffic control devices, notwithstanding any state law, city
ordinance, or county resolution relating to traffic control
devices or right-of-way provisions.
The bill would permit vehicles in a funeral procession to
follow a funeral lead vehicle through an intersection
regardless of traffic control devices or any right-of-way
provision in state law, city ordinance, or county resolution if
the funeral lead vehicle lawfully entered the intersection
through a traffic control device when directed by a funeral
escort.
The bill would state funeral processions have the right-
of-way at intersections regardless of traffic control devices if
operators of vehicles in the funeral procession:
● Yield the right-of-way to approaching authorized
emergency vehicles;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
● Yield the right-of-way when directed by a police
officer; and
● Exercise due care when participating in the funeral
procession to avoid colliding with any other vehicle
or pedestrian.
The bill would state the operator of a vehicle in a funeral
procession would not have the right-of-way if such vehicle is
more than 300 feet behind the immediately preceding vehicle
in such procession.
The bill would require all vehicles in a funeral procession
to follow the preceding vehicle in the procession as closely as
is safe and practical. The bill would exempt vehicles in a
funeral procession from any state law, city ordinance, or
county resolution prohibiting a vehicle from following another
vehicle too closely.
The bill would require each vehicle in a funeral
procession to have lighted the vehicle’s headlights (high
beam or low beam) and taillights and would permit flashing
hazard lights.
The bill would state a city or county could require a law
enforcement or non-law enforcement funeral lead vehicle or
funeral escort for a funeral procession. The bill would allow
cities or counties to require prior notice of any planned funeral
procession be given to the city police department or county
sheriff. The bill would further state none of its provisions
would prohibit cities or counties from requiring compliance
with any city ordinance or county resolution not in conflict with
provisions of the bill.

Background
The bill was introduced by Senator Pittman.


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[Note: SB 131 contains provisions similar to those of HB
2107 and 2020 HB 2608, as amended by the House
Committee.]
Senate Committee on Transportation
In the Senate Committee hearing, Senator Pittman, a
representative of the Kansas Funeral Directors Association,
and two representatives of Patriot Guard Riders, Kansas,
provided proponent testimony, indicating the bill would be an
important safety measure to formally recognize and clarify the
right-of-way privileges of funeral processions and protect the
safety of funeral escorts. A representative of the Kansas
Association of Chiefs of Police, the Kansas Peace Officers
Association, and the Kansas Sheriffs Association; a
representative of the League of Kansas Municipalities (LKM);
a licensed funeral director; and four private citizens who
identified themselves as motorcycle escorts for funeral
processions for veterans provided written-only proponent
testimony.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget, the Office of Judicial Administration indicates it
cannot estimate a fiscal effect until given the opportunity to
operate under the bill’s provisions. The Kansas Association of
Counties and LKM state enactment of the bill would have a
negligible fiscal effect on local governments. Any fiscal effect
associated with the bill is not reflected in The FY 2022
Governor’s Budget Report.

Funeral procession; funeral escort; traffic safety; right of way


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