REPRESENTATIVES Wolpert, Wilson, Seitz, Evans, Allen, Collier, Webster, Goodman, Fessler, Hughes, Rhine, G. Smith, Reidelbach, Lendrum, Carano, Perry, Flowers

To amend section 4511.451 and to enact section

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4511.453 of the Revised Code to establish civil

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immunity in connection with the movement of a

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funeral procession and to allow the use of orange

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and white pennants on vehicles in a funeral

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procession.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4511.451 be amended and section	7
4511.453 of the Revised Code be enacted to read as follows:	8

Sec. 4511.451. (A) As used in this section, "funeral	9
procession" means two or more vehicles accompanying a body of a	10
deceased person in the daytime when each of suchthe vehicles has	11
its headlights lighted and is displaying a purple and white or an	12
orange and white pennant attached to each vehicle in such a manner	13
as to be clearly visible to traffic approaching from any	14
direction.	15

(B) Excepting public safety vehicles proceeding in	16
accordance with section 4511.45 of the Revised Code or when	17
directed otherwise by a police officer, pedestrians and the	18
operators of all vehicles, street cars, and trackless trolleys	19
shall yield the right of way to each vehicle whichthat is a part	20
of a funeral procession. Whenever the lead vehicle in a funeral	21
procession lawfully enters an intersection, the remainder of the	22
vehicles in suchthe procession may continue to follow suchthe	23
lead vehicle through the intersection notwithstanding any traffic	24
control devices or right of way provisions of the Revised Code,	25
provided that the operator of each vehicle exercises due care to	26
avoid colliding with any other vehicle or pedestrian upon the	27
roadway.	28

(C) No person shall operate any vehicle as a part of a	29
funeral procession without having the headlights of suchthe	30
vehicle lighted and without displaying a purple and white or an	31
orange and white pennant in such a manner as to be clearly visible	32
to traffic approaching from any direction.	33

Sec. 4511.453. (A) Neither the owner, the operator, or an	34
employee of a funeral home nor the owner or operator of a funeral	35
escort vehicle is liable in damages in a civil action for injury,	36
death, or loss to person or property that allegedly arises from	37
the movement of a funeral procession if either of the following	38
applies:	39

(1) The movement of the funeral procession is in accordance	40
with section 4511.451 of the Revised Code.	41

(2) The movement of the funeral procession generally is in	42
accordance with section 4511.451 of the Revised Code, but the	43
operator of one or more motor vehicles in the procession fails to	44
do either of the following and the injury, death, or loss to	45
person or property allegedly arose from that failure:	46

(a) Exercise due care as required by division (B) of section	47
4511.451 of the Revised Code;	48

(b) Comply with division (C) of section 4511.451 of the	49
Revised Code, provided that the owner, the operator, or an	50
employee of the funeral home informed the motor vehicle operator	51
of the requirements and made the appropriate pennant available to	52
the motor vehicle operator.	53

(B)(1) This section does not apply if the injury, death, or	54
loss allegedly arose from the willful, wanton, or intentional acts	55
or omissions of the owner, the operator, or an employee of a	56
funeral home or the owner or the operator of a funeral escort	57
vehicle.	58

(2) This section does not create a new cause of action or	59
substantive legal right against an owner, operator, or employee of	60
a funeral home or an owner or operator of a funeral escort	61
vehicle.	62

(3) This section does not affect any immunities from civil	63
liability or defenses established by another section of the	64
Revised Code or any immunities from civil liability or defenses	65
available at common law to which an owner, operator, or employee	66
of a funeral home or an owner or operator of a funeral escort	67
vehicle may be entitled.	68

(C) As used in this section:

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(1) "Funeral home" has the same meaning as in section	70
4717.01 of the Revised Code.	71

(2) "Funeral procession" has the same meaning as in section	72
4511.451 of the Revised Code.	73

Section 2. That existing section 4511.451 of the Revised Code	74
is hereby repealed.	75