BILL ANALYSIS Ó SB 119 Page 1 SENATE THIRD READING SB 119 (Ron Calderon) As Amended April 8, 2013 Majority vote SENATE VOTE :32-0 BUSINESS & PROFESSIONS 12-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Gordon, Jones, Bocanegra, |Ayes:|Gatto, Harkey, Bigelow, | | |Campos, Dickinson, | |Bocanegra, Bradford, Ian | | |Eggman, Hagman, | |Calderon, Campos, | | |Maienschein, Mullin, | |Donnelly, Eggman, Gomez, | | |Skinner, Ting, Wilk | |Hall, Holden, Linder, | | | | |Pan, Quirk, Wagner, Weber | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes a crematory to incinerate an American flag or flags separately from human remains within one week before or after Memorial Day, Flag Day, or Independence Day, and requires a crematory to maintain a record of all flags incinerated. Specifically, this bill : 1)Authorizes a crematory regulated by the Cemetery and Funeral Bureau (Bureau) to cremate an American flag or flags if: a) Incineration is performed separately from the cremation of human remains; b) Incineration of the flag or flags is performed in accordance with federal law; and, c) Incineration occurs within one week before or after any of the following days: i) Memorial Day (last Monday in May); ii) Flag Day (June 14); or, iii) Independence Day (July 4). SB 119 Page 2 2)Provides that nothing in this bill shall be construed to restrict or infringe upon any person's right to free expression under the First Amendment to the United States Constitution. 3)Requires a crematory that incinerates an American flag or flags to maintain on its premises an accurate record of all cremations performed for at least 10 years, subject to Bureau inspection, and which shall include all the following information: a) Name of the organization or person requesting incineration of the flag or flags; b) Date of the incineration of the flag or flags; c) Name of the cremation chamber operator; d) Time and date that the flag or flags were inserted in the cremation chamber; e) Time and date that the flag or flags were removed from the cremation chamber; f) Weight of the ashes of the flag or flags after being removed from the cremation chamber; and, g) Disposition of the ashes of the incinerated flag or flags. FISCAL EFFECT : According to the Assembly Appropriations Committee, there are no significant costs associated with this legislation. COMMENTS : 1)Purpose of this bill . State law does not currently permit crematories to incinerate American flags for the purpose of flag disposal, while existing federal law specifies that burning is the preferable means to destroy a flag that is no longer fit for display. This bill is intended to authorize state crematories to dispose of worn-out flags in a dignified manner. This bill is author sponsored. SB 119 Page 3 2)Author's statement . According to the author's office, "Service groups and Veteran organizations often collect worn or soiled American flags in an effort to ensure that these flags are disposed of properly. Typically, damaged flags are collected and burned in a ceremony in conjunction with Memorial Day observances, Flag Day ceremonies, or Independence Day celebrations. The groups' method of disposal usually consists of burning the flags in backyard fire pits, but people have complained about the smoke from open-air burnings and have raised concerns about the overall safety of the practice." 3)California cremation requirements . AB 598 (Speier), Chapter 1332, Statutes of 1993, also known as The Cremation Standards Act (Act), enacted strict procedural rules and responsibilities for crematory operators to guard against the mishandling of human remains. The Act specifies a crematory may only cremate human remains, along with the cremation container, personal effects of the deceased, and no more than a negligible amount of chlorinated plastic when necessary. Because cremated remains are virtually unidentifiable by family members, the cremation process has great potential for error or abuse by negligent practitioners. Commingling of cremated remains is another serious concern, as this is considered disrespectful to the dead. Throughout the cremation process, each dead body must be tracked by the crematory operator and specific information must be entered into the cremation log. A crematory is required to maintain an accurate cremation log for at least 10 years. Analysis Prepared by : Angela Pontes / B.,P. & C.P. / (916) 319-3301 FN: 0001488