BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1197
                                                                  Page  1

          Date of Hearing:   August 15, 2012

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                              Richard S. Gordon, Chair
                   SB 1197 (Calderon) - As Amended:  August 6, 2012

           SENATE VOTE  :   38-0
           
          SUBJECT  :   Crematories: burning of flags.

           SUMMARY  :   Authorizes a crematory regulated by the Cemetery and 
          Funeral Bureau (Bureau) to cremate American flags separately 
          from human remains, in accordance with federal law, and on 
          specified days.  Specifically,  this bill  :   

          1)Authorizes a crematory regulated by the Bureau to cremate 
            American flags, under the following conditions: 

             a)   When performed separately from the cremation of human 
               remains; 

             b)   In accordance with federal law; and, 

             c)   When the cremation occurs within one week before or 
               after any of the following days: 

               i)     Memorial Day; 

               ii)    Flag Day; or, 

               iii)   Independence Day. 

          2)Provides that nothing in this bill shall be construed to 
            restrict or infringe upon an individual's right to free 
            expression under the First Amendment to the United States 
            (U.S.) Constitution. 

          3)Requires a crematory cremating an American flag to maintain on 
            its premises an accurate record of all such cremations 
            performed, including the following information: 

             a)   Name of the organization or person requesting cremation 
               of the flag; 









                                                                  SB 1197
                                                                  Page  2

             b)   Date of the cremation of the flag; 

             c)   Name of the cremation chamber operator; 

             d)   Time and date that the flag was inserted into the 
               cremation chamber; 

             e)   Time and date that the flag was removed from the 
               cremation chamber; 

             f)   Weight of the flag's ashes after removal from the 
               cremation chamber; and, 

             g)   Disposition of the ashes of the cremated flag. 

          4)Requires the crematory to maintain American flag cremation 
            records for 10 years following a cremation, which shall be 
            subject to Bureau inspection. 

          5)Takes effect immediately as an urgency measure.  

           EXISTING LAW  : 

         1)Provides for the licensing and regulation of funeral 
            establishments, funeral directors, embalmers, crematories, 
            crematory managers, cemeteries, cemetery managers, cemetery 
            brokers, cemetery salespersons, and cremated remains disposers 
            by the Bureau within the Department of Consumer Affairs. 

         2)Specifies that a crematory regulated by the 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.  

           FISCAL EFFECT  :   Unknown 

           COMMENTS  :   

           Purpose of this bill  .  According to the author's office, 
          "Existing law does not permit the crematories to burn American 
          flags for purposes of flag disposal.  SB 1197 would create legal 
          language that would clearly give crematories the legal authority 
          to lawfully burn American flags for the purpose of flag 
          disposal."








                                                                  SB 1197
                                                                  Page  3


           Background  .  Federal law establishes standards for the 
          respectful treatment of the U.S. flag, and provides that when 
          the flag is in such a condition that is no longer fitting as an 
          emblem for display, that the flag should be destroyed in a 
          dignified way, preferably by burning.  Over the years, veteran's 
          organizations, scouting groups, and others have collected 
          worn-out, torn, ragged, or stained American Flags, and disposed 
          of them according to federal regulations by burning.  Typically, 
          the flags which have been collected are burned in a ceremony, 
          often in conjunction with Memorial Day observances, Flag Day 
          ceremonies or Independence Day celebrations.  

          Memorial Day, originally called Decoration Day, is a day of 
          remembrance for those who have died in our nation's service, and 
          is observed on the last Monday in May.  Flag Day is celebrated 
          on June 14, commemorating the adoption of the flag of the U.S.  
          by resolution of the Second Continental Congress in 1777.

          California laws dealing with crematories, cemeteries and funeral 
          establishments have been crafted over the years, often in 
          response to isolated, but horrific cases of abuse in the 
          industry.  In 1993, the Cremation Standards Act (Act) was 
          enacted in an effort to craft strict procedural rules to clearly 
          define the responsibilities of crematory operators and guard 
          against the mishandling of human remains.  The Act further 
          provides that a crematory shall knowingly cremate only human 
          remains in the cremation chambers, along with the cremation 
          container, personal effects of the deceased, and no more than a 
          negligible amount of chlorinated plastic when necessary. 

          Current law also prohibits comingling of cremated remains from 
          one cremation to the next.  Intermingling cremated ashes in the 
          cremation process is considered disrespectful to the dead, and 
          is considered abuse of the dead body.  As such, reasonable 
          efforts must be made by the crematory operator to remove all of 
          the cremated remains after each cremation.  Current law also 
          requires a crematory to maintain records of a cremation, which 
          this bill mirrors for American flags. 

          Some of the reasons why there are such stringent requirements 
          over the cremation process involve the fact that cremation is 
          irreversible because the remains are irretrievably destroyed.  
          Furthermore, after a body is cremated it is virtually 
          indistinguishable from other cremated remains.  Crematory 








                                                                  SB 1197
                                                                  Page  4

          operators are placed in a position of great trust.  A family 
          calls the funeral director who takes their loved one's body to 
          the funeral establishment, and transports it to the crematory, 
          where the body is incinerated and the ashes are returned to the 
          funeral director.  The processes of the crematory are largely 
          unseen and unknown by the family.  The body is easily 
          identifiable when it is sent to the crematory, and is completely 
          unidentifiable when the cremated remains are returned by the 
          crematory.  Therefore, the licensing and regulation of 
          crematories are necessary to protect consumers.

           Support  .  According to the California Funeral Directors 
          Association, "We strongly support the veterans groups who 
          consciously handle with discipline and dignity the disposition 
          of worn American flags.  SB 1197, simple in its approach and 
          limited in its scope, allows the American flags to be burned on 
          certain dates in a crematorium.  This allows for disposition of 
          the flag in a manner that is respectful."

          According to the American GI Forum of California, "As veterans, 
          we join them and their families in support to provide a clan, 
          respectful and dignified manner of disposing of an American flag 
          when it is no longer fitting for display."

          According to the American Legion Riders Department of 
          California, this bill will allow veterans organizations to 
          escort retired flags to a crematory to for the bulk burn of all 
          retired flags at least once a year.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Alameda County Sheriff's Office 
          American GI Forum of California
          American Legion Riders Department of California
          American Legion, Department of California 
          AMVETS, Department of California 
          California Association of County Veterans Service Officers 
          California Funeral Directors Association 
          California State Commanders Veterans Council 
          Hayward Area Recreation District
          Lone Tree Cemetery 
          Veterans of Foreign Wars, Department of California 
          Vietnam Veterans of America, California State Council 








                                                                  SB 1197
                                                                  Page  5

          Western H.S. Pioneer Regiment
          Numerous Individuals
           
            Opposition 
           
          None on file. 

           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301