SENATOR Goodman

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 athe cremated	10
remains or the body of a deceased person in the daytime when each	11
of suchthe vehicles has its headlights lighted and is displaying	12
a purple and white or an orange and white pennant attached to each	13
vehicle in such a manner as to be clearly visible to traffic	14
approaching from any 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 that are in the procession,	44
that are not owned or operated by the owner, the operator, or an	45
employee of the funeral home, and that are not funeral escort	46
vehicles fails to do either of the following and the injury,	47
death, or loss to person or property allegedly arose from that	48
failure:	49

(a) Exercise due care as required by division (B) of section	50
4511.451 of the Revised Code;	51

(b) Comply with division (C) of section 4511.451 of the	52
Revised Code, provided that the owner, the operator, or an	53
employee of the funeral home informed the motor vehicle operator	54
of the requirements and made the appropriate pennant available to	55
the motor vehicle operator.	56

(B)(1) This section does not apply if the injury, death, or	57
loss allegedly arose from any of the following:	58

(a) The willful, wanton, or intentional acts or omissions of	59
the owner, the operator, or an employee of a funeral home or the	60
owner or the operator of a funeral escort vehicle;	61

(b) The negligent or reckless acts or omissions in the	62
operation of a motor vehicle by the owner, the operator, or an	63
employee of a funeral home or the owner or the operator of a	64
funeral escort vehicle.	65

(2) This section does not create a new cause of action or	66
substantive legal right against an owner, operator, or employee of	67
a funeral home or an owner or operator of a funeral escort	68
vehicle.	69

(3) This section does not affect any immunities from civil	70
liability or defenses established by another section of the	71
Revised Code or any immunities from civil liability or defenses	72
available at common law to which an owner, operator, or employee	73
of a funeral home or an owner or operator of a funeral escort	74
vehicle may be entitled.	75

(C) As used in this section:

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(1) "Funeral home" has the same meaning as in section	77
4717.01 of the Revised Code.	78

(2) "Funeral procession" has the same meaning as in section	79
4511.451 of the Revised Code.	80

Section 2. That existing section 4511.451 of the Revised Code	81
is hereby repealed.	82