SB 119, 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 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.
end deleteVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
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:
(a) Except as provided in subdivision (b), a crematory
4regulated by the Cemetery and Funeral Bureau shall knowingly
5cremate only human remains in cremation chambers, along with
6the cremation container, personal effects of the deceased, and no
7more than a negligible amount of chlorinated plastic pouches
8utilized for disease control when necessary.
9(b) (1) Notwithstanding any other law, a crematory regulated
10by the Cemetery and Funeral Bureau also may incinerate one or
11more American flags, under the following conditions:
12(A) Incineration of the flag or flags is performed separately
13from the cremation of human remains, as provided in subdivision
14(a).
15(B) Incineration of the flag or flags is in accordance with Section
168(k) of Title 4 of the United States Code.
17(C) Incineration of the flag or flags occurs within one week
18before or after any of the following:
19(i) Memorial Day.
20(ii) Flag Day.
21(iii) Independence Day.
22(2) Nothing in this subdivision shall be construed to attempt to
23restrict or otherwise infringe upon any person’s right to free
24expression
under the First Amendment to the United States
25Constitution.
Section 8344.6 is added to the Health and Safety Code,
27to read:
(a) A crematory that incinerates an American flag or
29flags pursuant to Section 8344.5 shall maintain on its premises an
30accurate record of all American flags incinerated as specified in
31Section 8344.5, including all of the following information:
32(1) Name of the organization or person requesting incineration
33of the flag or flags.
34(2) Date of incineration of the flag or flags.
35(3) Name of the cremation chamber operator.
36(4) Time and date that the flag
or flags were inserted in the
37cremation chamber.
P3 1(5) Time and date that the flag or flags were removed from the
2cremation chamber.
3(6) Weight of the ashes of the flag or flags after being removed
4from the cremation chamber.
5(7) Disposition of the ashes of the incinerated flag or flags.
6(b) This information shall be maintained in the crematory log
7for at least 10 years after the incineration of an American flag or
8flags and shall be subject to inspection by the Cemetery and
9Funeral Bureau.
This act is an urgency statute necessary for the
11immediate preservation of the public peace, health, or safety within
12the meaning of Article IV of the Constitution and shall go into
13immediate effect. The facts constituting the necessity are:
14In order to ensure that appropriate state agencies have clear
15direction with respect to the regulation of crematories, and that
16crematories operating under state law are adequately protected at
17the earliest possible time, it is necessary that this act take effect
18immediately.
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