SB 119, as introduced, 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.
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 8344.5 of the Health and Safety Code is
2amended to read:
begin deleteA end deletebegin insert(a)end insertbegin insert end insertbegin insertExcept as provided in subdivision (b), a end insert
2crematory regulated by the Cemetery and Funeral Bureau shall
3knowingly cremate only human remains in cremation chambers,
4along with the cremation container, personal effects of the
5deceased, and no more than a negligible amount of chlorinated
6plastic pouches utilized for disease control when necessary.
7(b) (1) Notwithstanding any other law, a
crematory regulated
8by the Cemetery and Funeral Bureau also may incinerate one or
9more American flags, under the following conditions:
10(A) Incineration of the flag or flags is performed separately
11from the cremation of human remains, as provided in subdivision
12(a).
13(B) Incineration of the flag or flags is in accordance with Section
148(k) of Title 4 of the United States Code.
15(C) Incineration of the flag or flags occurs within one week
16before or after any of the following:
17(i) Memorial Day.
end insertbegin insert18(ii) Flag Day.
end insertbegin insert19(iii) Independence Day.
end insertbegin insert
20(2) Nothing in this subdivision
shall be construed to attempt to
21restrict or otherwise infringe upon any person’s right to free
22expression under the First Amendment to the United States
23Constitution.
Section 8344.6 is added to the Health and Safety Code,
25to read:
(a) A crematory that incinerates an American flag or
27flags pursuant to Section 8344.5 shall maintain on its premises an
28accurate record of all American flags incinerated as specified in
29Section 8344.5, including all of the following information:
30(1) Name of the organization or person requesting incineration
31of the flag or flags.
32(2) Date of incineration of the flag or flags.
33(3) Name of the cremation chamber operator.
34(4) Time and date that the flag or flags were inserted in the
35cremation chamber.
36(5) Time and date that the flag or flags were removed from the
37cremation chamber.
38(6) Weight of the ashes of the flag or flags after being removed
39from the cremation chamber.
40(7) Disposition of the ashes of the incinerated flag or flags.
P3 1(b) This information shall be maintained in the crematory log
2for at least 10 years after the incineration of an American flag or
3flags and shall be subject to inspection by the Cemetery and
4Funeral Bureau.
This act is an urgency statute necessary for the
6immediate preservation of the public peace, health, or safety within
7the meaning of Article IV of the Constitution and shall go into
8immediate effect. The facts constituting the necessity are:
9In order to ensure that appropriate state agencies have clear
10direction with respect to the regulation of crematories, and that
11crematories operating under state law are adequately protected at
12the earliest possible time, it is necessary that this act take effect
13immediately.
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