BILL ANALYSIS Ó
SB 1197
Page 1
Date of Hearing: August 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1197 (Calderon) - As Amended: August 6, 2012
Policy Committee: Business and
Professions Vote: 7-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes crematoriums to dispose of American flags
through cremation. Specifically, this bill:
1)Allows a crematory to dispose of American flags if it is
performed separately from the cremation of human remains, is
performed in accordance with the U.S. Flag Code and occurs
within one week of Memorial Day, Flag Day, or Independence
Day.
2)Requires crematories to maintain records of all flag
cremations including the following information:
a) The name of the organization or person requesting the
cremation.
b) The date of the cremation.
c) The name of the cremation operator.
d) The time and date the flag was inserted into the
cremation chamber and the time and date it was removed.
e) The weight of the ashes of the flag.
f) The disposition of the ashes.
3)Requires that a crematory maintain the records for at least 10
years.
FISCAL EFFECT
There are no significant costs associated with this legislation.
COMMENTS
SB 1197
Page 2
1)Purpose . The intent of this legislation is to allow for an
alternative to the backyard fires that are often used to
dispose of American flags. The author notes that service
groups and veterans organizations collect soiled or worn flags
in order to ensure that they are properly disposed of.
Generally, those groups burn the flags in backyard fire pits.
According to the author, people have complained about the
smoke from those open-air burnings and have raised concerns
about the overall safety of the practice. Under this bill,
old American flags could be taken to crematoriums for disposal
as an alternative to the open fire.
2)Urgency ? The urgent nature of this legislation is unclear.
Currently, there is a process in place for the disposal of
flags. If fire safety or air quality is a concern, there are
alternatives to flag burning, including sealing the worn flags
in a bag or box and burying them. The requirement is simply
that the flag be disposed of in a dignified manner. In other
words, it should not be thrown in the trash.
3)Disposal of American Flags . The U.S. code dictates that a worn
out or tattered flag should be disposed of in a dignified
manner, preferably by burning. The Veterans of Foreign Wars
(VFW) and other organizations that traditionally dispose of
flags place additional rules and customs on flag disposal.
For example, the VFW states that the fire should be fairly
large and of sufficient intensity to completely dispose of the
flag. In addition, websites providing information on flag
etiquette state the field should be cut out of the flag (the
stars separated from the stripes) and that the field (stars)
should be placed on top of the rest of the flag when burned.
The U.S. Military, American Legion, the Boy Scouts of America,
and Girl Scouts of America are the official organizations that
take and dispose of American flags, often disposing of the
flags during a ceremony every year on Flag Day, June 14.
4)Related Legislation . SB 638 (O'Connell, Chapter 538, Statutes
of 1997) established an explicit exemption from air quality
regulations for the burning, in a respectful and dignified
manner, of an unserviceable American flag that is no longer
fit for display.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081
SB 1197
Page 3