California Senate Bill SB1197 Amended / Bill

 BILL NUMBER: SB 1197AMENDED BILL TEXT AMENDED IN SENATE AUGUST 6, 2012 AMENDED IN SENATE JUNE 25, 2012 AMENDED IN SENATE MAY 29, 2012 INTRODUCED BY Senator Calderon FEBRUARY 22, 2012 An act to amend Section 8344.5 of  , and to add Section 8344.6 to,  the Health and Safety Code, relating to crematories, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 1197, 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 cremation 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 cremations 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 1. Section 8344.5 of the Health and Safety Code is amended to read: 8344.5. (a) Except as provided in subdivision (b), a crematory regulated by the Cemetery and Funeral 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. (b) (1) A crematory regulated by the Cemetery and Funeral Bureau may also cremate one or more American flags, under the following conditions:  (A) Cremation of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).   (A)   (B)  Cremation of the flag or flags is in accordance with  Section 8(k) of  Title 4  of the  United States Code  section 8(k)  .  (B)   (C)  Cremation of the flag or flags occurs within one week before or after any of the following: (i) Memorial Day. (ii) Flag Day. (iii) Independence Day. (2) Nothing in this subdivision shall be construed to attempt to restrict or otherwise infringe upon any person's right to free expression under the First Amendment  of   to  the United States Constitution.  SEC. 2.   Section 8344.6 is added to t   he   Health and Safety Code   , to read:   8344.6. (a) A crematory that cremates an American flag or flags pursuant to Section 8344.5 shall maintain on its premises an accurate record of all cremations of American flags performed as specified in Section 8344.5, including all of the following information: (1) Name of the organization or person requesting cremation of the flag. (2) Date of cremation of the flag. (3) Name of the cremation chamber operator. (4) Time and date that the flag was inserted in the cremation chamber. (5) Time and date that the flag was removed from the cremation chamber. (6) Weight of the ashes of the flag after being removed from the cremation chamber. (7) Disposition of the ashes of the cremated flag. (b) This information shall be maintained for at least 10 years after an American flag is cremated and shall be subject to inspection by the Cemetery and Funeral Bureau.   SEC. 2.   SEC. 3.  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that appropriate state agencies have clear direction with respect to the regulation of crematories, and that crematories operating under state law are adequately protected at the earliest possible time, it is necessary that this act take effect immediately.