Bill Text: CA SB119 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Crematories: burning of flags.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 205, Statutes of 2013. [SB119 Detail]

Download: California-2013-SB119-Chaptered.html

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BILL NUMBER: SB 119	CHAPTERED
	BILL TEXT

	CHAPTER  205
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2013
	PASSED THE SENATE  MAY 6, 2013
	PASSED THE ASSEMBLY  AUGUST 22, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Calderon

                        JANUARY 17, 2013

   An act to amend Section 8344.5 of, and to add Section 8344.6 to,
the Health and Safety Code, relating to crematories.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 119, Calderon. Crematories: burning of flags.
   Existing law provides that a crematory regulated by the Cemetery
and Funeral Bureau shall knowingly cremate only human remains in
cremation chambers, along with cremation containers, items used for
disease control, and personal effects of the deceased.
   This bill additionally would authorize the incineration of one or
more American flags, performed separately from the cremation of human
remains and in accordance with specified federal law, during the
periods within one week before or after specified holidays. The bill
would require a crematory to record and maintain on its premises for
at least 10 years prescribed information regarding the incineration
of American flags. The bill would declare that it would not be
construed to restrict or infringe upon any person's First Amendment
rights, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8344.5 of the Health and Safety Code is amended
to read:
   8344.5.  (a) Except as provided in subdivision (b), a crematory
regulated by the Cemetery and Funeral Bureau shall knowingly cremate
only human remains in cremation chambers, along with the cremation
container, personal effects of the deceased, and no more than a
negligible amount of chlorinated plastic pouches utilized for disease
control when necessary.
   (b) (1) Notwithstanding any other law, a crematory regulated by
the Cemetery and Funeral Bureau also may incinerate one or more
American flags, under the following conditions:
   (A) Incineration of the flag or flags is performed separately from
the cremation of human remains, as provided in subdivision (a).
   (B) Incineration of the flag or flags is in accordance with
Section 8(k) of Title 4 of the United States Code.
   (C) Incineration of the flag or flags occurs within one week
before or after any of the following:
   (i) Memorial Day.
   (ii) Flag Day.
   (iii) Independence Day.
   (2) Nothing in this subdivision shall be construed to attempt to
restrict or otherwise infringe upon any person's right to free
expression under the First Amendment to the United States
Constitution.
  SEC. 2.  Section 8344.6 is added to the Health and Safety Code, to
read:
   8344.6.  (a) A crematory that incinerates an American flag or
flags pursuant to Section 8344.5 shall maintain on its premises an
accurate record of all American flags incinerated as specified in
Section 8344.5, including all of the following information:
   (1) Name of the organization or person requesting incineration of
the flag or flags.
   (2) Date of incineration of the flag or flags.
   (3) Name of the cremation chamber operator.
   (4) Time and date that the flag or flags were inserted in the
cremation chamber.
   (5) Time and date that the flag or flags were removed from the
cremation chamber.
   (6) Weight of the ashes of the flag or flags after being removed
from the cremation chamber.
   (7) Disposition of the ashes of the incinerated flag or flags.
   (b) This information shall be maintained in the crematory log for
at least 10 years after the incineration of an American flag or flags
and shall be subject to inspection by the Cemetery and Funeral
Bureau.