BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 119
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 119 (Calderon) - As Amended:  April 8, 2013 

          Policy Committee:                             Business and  
          Professions  Vote:                            12 - 0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes crematories 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 119
                                                                  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)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.

           3)Related Legislation  . In 2012, SB 1197 (Calderon), a virtually  
            identical bill, was gutted and amended to address an unrelated  
            issue: the income tax film credit. 

            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