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