BILL NUMBER: SB 1197	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 25, 2012
	AMENDED IN SENATE  MAY 29, 2012

INTRODUCED BY   Senator Calderon

                        FEBRUARY 22, 2012

   An act to amend Section 8344.5 of  , and to add Section 8344.6
to,  the Health and Safety Code, relating to crematories, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1197, as amended, 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 cremation 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 cremations 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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) A crematory regulated by the Cemetery and Funeral Bureau
may also cremate one or more American flags, under the following
conditions: 
   (A) Cremation of the flag or flags is performed separately from
the cremation of human remains, as provided in subdivision (a). 

   (A) 
    (B)  Cremation of the flag or flags is in accordance
with  Section 8(k) of  Title 4  of the  United
States Code  section 8(k)  . 
   (B) 
    (C)  Cremation 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  of   to
 the United States Constitution.
   SEC. 2.    Section 8344.6 is added to t   he
  Health and Safety Code   , to read:  
   8344.6.  (a) A crematory that cremates an American flag or flags
pursuant to Section 8344.5 shall maintain on its premises an accurate
record of all cremations of American flags performed as specified in
Section 8344.5, including all of the following information:
   (1) Name of the organization or person requesting cremation of the
flag.
   (2) Date of cremation of the flag.
   (3) Name of the cremation chamber operator.
   (4) Time and date that the flag was inserted in the cremation
chamber.
   (5) Time and date that the flag was removed from the cremation
chamber.
   (6) Weight of the ashes of the flag after being removed from the
cremation chamber.
   (7) Disposition of the ashes of the cremated flag.
   (b) This information shall be maintained for at least 10 years
after an American flag is cremated and shall be subject to inspection
by the Cemetery and Funeral Bureau. 
   SEC. 2.   SEC. 3.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to ensure that appropriate state agencies have clear
direction with respect to the regulation of crematories, and that
crematories operating under state law are adequately protected at the
earliest possible time, it is necessary that this act take effect
immediately.