Liability for any death, personal injury, or property damage suffered by any person in a funeral procession may not be imposed upon a funeral establishment, the director of a funeral establishment, any agent or employee of a funeral establishment, any law enforcement agency or any law enforcement officer operating a funeral escort vehicle unless the death, personal injury or property damage is proximately caused by a negligent or intentional act or omission of the funeral director, an agent or employee of a funeral establishment, or the law enforcement officer operating the funeral escort vehicle. Liability for any death, personal injury or property damage that results from, is caused by, or arises out of any action or inaction of any operator of a motor vehicle in a funeral procession under the control of a funeral establishment or the law enforcement officer operating a funeral escort vehicle may not be imposed upon the funeral establishment, the director of the funeral establishment, any agent or employee of the funeral establishment, any law enforcement agency or the law enforcement officer operating a funeral escort vehicle unless the death, personal injury or property damage is proximately caused by a negligent or intentional act or omission of the director of the funeral establishment, an agent or employee of the funeral establishment, or the law enforcement officer operating the funeral escort vehicle. For the purposes of §§ 32-26-51 through 32-26-55 and this section, the operator of a motor vehicle in a funeral procession is not an agent of the funeral establishment unless the operator is an employee of the funeral establishment and is acting in the course of the operator's employment or unless the operator was retained as an independent contractor of the funeral establishment and is performing services under the terms of the contract. Nothing in this section waives the sovereign immunity of the public entities of this state or the employees of this state.
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