BILL ANALYSIS �
SB 1197
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Date of Hearing: August 15, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
SB 1197 (Calderon) - As Amended: August 6, 2012
SENATE VOTE : 38-0
SUBJECT : Crematories: burning of flags.
SUMMARY : Authorizes a crematory regulated by the Cemetery and
Funeral Bureau (Bureau) to cremate American flags separately
from human remains, in accordance with federal law, and on
specified days. Specifically, this bill :
1)Authorizes a crematory regulated by the Bureau to cremate
American flags, under the following conditions:
a) When performed separately from the cremation of human
remains;
b) In accordance with federal law; and,
c) When the cremation occurs within one week before or
after any of the following days:
i) Memorial Day;
ii) Flag Day; or,
iii) Independence Day.
2)Provides that nothing in this bill shall be construed to
restrict or infringe upon an individual's right to free
expression under the First Amendment to the United States
(U.S.) Constitution.
3)Requires a crematory cremating an American flag to maintain on
its premises an accurate record of all such cremations
performed, including the following information:
a) Name of the organization or person requesting cremation
of the flag;
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b) Date of the cremation of the flag;
c) Name of the cremation chamber operator;
d) Time and date that the flag was inserted into the
cremation chamber;
e) Time and date that the flag was removed from the
cremation chamber;
f) Weight of the flag's ashes after removal from the
cremation chamber; and,
g) Disposition of the ashes of the cremated flag.
4)Requires the crematory to maintain American flag cremation
records for 10 years following a cremation, which shall be
subject to Bureau inspection.
5)Takes effect immediately as an urgency measure.
EXISTING LAW :
1)Provides for the licensing and regulation of funeral
establishments, funeral directors, embalmers, crematories,
crematory managers, cemeteries, cemetery managers, cemetery
brokers, cemetery salespersons, and cremated remains disposers
by the Bureau within the Department of Consumer Affairs.
2)Specifies that a crematory regulated by the Bureau shall
knowingly cremate only human remains in cremation chambers,
along with the cremation container, personal effects of the
deceased, and no more than a negligible amount of chlorinated
plastic pouches utilized for disease control when necessary.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Existing law does not permit the crematories to burn American
flags for purposes of flag disposal. SB 1197 would create legal
language that would clearly give crematories the legal authority
to lawfully burn American flags for the purpose of flag
disposal."
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Background . Federal law establishes standards for the
respectful treatment of the U.S. flag, and provides that when
the flag is in such a condition that is no longer fitting as an
emblem for display, that the flag should be destroyed in a
dignified way, preferably by burning. Over the years, veteran's
organizations, scouting groups, and others have collected
worn-out, torn, ragged, or stained American Flags, and disposed
of them according to federal regulations by burning. Typically,
the flags which have been collected are burned in a ceremony,
often in conjunction with Memorial Day observances, Flag Day
ceremonies or Independence Day celebrations.
Memorial Day, originally called Decoration Day, is a day of
remembrance for those who have died in our nation's service, and
is observed on the last Monday in May. Flag Day is celebrated
on June 14, commemorating the adoption of the flag of the U.S.
by resolution of the Second Continental Congress in 1777.
California laws dealing with crematories, cemeteries and funeral
establishments have been crafted over the years, often in
response to isolated, but horrific cases of abuse in the
industry. In 1993, the Cremation Standards Act (Act) was
enacted in an effort to craft strict procedural rules to clearly
define the responsibilities of crematory operators and guard
against the mishandling of human remains. The Act further
provides that a crematory shall knowingly cremate only human
remains in the cremation chambers, along with the cremation
container, personal effects of the deceased, and no more than a
negligible amount of chlorinated plastic when necessary.
Current law also prohibits comingling of cremated remains from
one cremation to the next. Intermingling cremated ashes in the
cremation process is considered disrespectful to the dead, and
is considered abuse of the dead body. As such, reasonable
efforts must be made by the crematory operator to remove all of
the cremated remains after each cremation. Current law also
requires a crematory to maintain records of a cremation, which
this bill mirrors for American flags.
Some of the reasons why there are such stringent requirements
over the cremation process involve the fact that cremation is
irreversible because the remains are irretrievably destroyed.
Furthermore, after a body is cremated it is virtually
indistinguishable from other cremated remains. Crematory
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operators are placed in a position of great trust. A family
calls the funeral director who takes their loved one's body to
the funeral establishment, and transports it to the crematory,
where the body is incinerated and the ashes are returned to the
funeral director. The processes of the crematory are largely
unseen and unknown by the family. The body is easily
identifiable when it is sent to the crematory, and is completely
unidentifiable when the cremated remains are returned by the
crematory. Therefore, the licensing and regulation of
crematories are necessary to protect consumers.
Support . According to the California Funeral Directors
Association, "We strongly support the veterans groups who
consciously handle with discipline and dignity the disposition
of worn American flags. SB 1197, simple in its approach and
limited in its scope, allows the American flags to be burned on
certain dates in a crematorium. This allows for disposition of
the flag in a manner that is respectful."
According to the American GI Forum of California, "As veterans,
we join them and their families in support to provide a clan,
respectful and dignified manner of disposing of an American flag
when it is no longer fitting for display."
According to the American Legion Riders Department of
California, this bill will allow veterans organizations to
escort retired flags to a crematory to for the bulk burn of all
retired flags at least once a year.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Sheriff's Office
American GI Forum of California
American Legion Riders Department of California
American Legion, Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California Funeral Directors Association
California State Commanders Veterans Council
Hayward Area Recreation District
Lone Tree Cemetery
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
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Western H.S. Pioneer Regiment
Numerous Individuals
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301