California 2021-2022 Regular Session

California Assembly Bill AB496 Compare Versions

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1		-	Assembly Bill No. ~~496 CHAPTER 118~~ An act to amend Section 8344.5 of the Health and Safety Code, relating to crematories. ~~[ Approved by Governor July 23, 2021. Filed with Secretary of State July 23, 2021. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 496, Chen. Cremation of veterans with the United States flag.Existing law requires that a crematory 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. Existing law authorizes a crematory to incinerate one or more American flags under specified conditions, including when the flag is in such condition that it is no longer a fitting emblem for display. Existing law requires a crematory that incinerates an American flag or flags to maintain an accurate record of all American flags incinerated, as specified.This bill would authorize a crematory, upon request of the person with the authority to dispose of the remains, to cremate the remains of a person who was a member of a branch of the United States military with a single American flag. The bill would exempt a flag that is incinerated in this manner from the recordkeeping requirements for incinerating a flag.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.(C) Incineration of the flag or flags occurs within one week before or after any of the following:(i) Presidents Day.(ii) Memorial Day.(iii) Flag Day.(iv) Independence Day.(v) Veterans Day.(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.
	1	+	Enrolled July 13, 2021 Passed IN Senate July 12, 2021 Passed IN Assembly April 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 496Introduced by Assembly Member ChenFebruary 09, 2021 An act to amend Section 8344.5 of the Health and Safety Code, relating to crematories. LEGISLATIVE COUNSEL'S DIGESTAB 496, Chen. Cremation of veterans with the United States flag.Existing law requires that a crematory 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. Existing law authorizes a crematory to incinerate one or more American flags under specified conditions, including when the flag is in such condition that it is no longer a fitting emblem for display. Existing law requires a crematory that incinerates an American flag or flags to maintain an accurate record of all American flags incinerated, as specified.This bill would authorize a crematory, upon request of the person with the authority to dispose of the remains, to cremate the remains of a person who was a member of a branch of the United States military with a single American flag. The bill would exempt a flag that is incinerated in this manner from the recordkeeping requirements for incinerating a flag.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.(C) Incineration of the flag or flags occurs within one week before or after any of the following:(i) Presidents Day.(ii) Memorial Day.(iii) Flag Day.(iv) Independence Day.(v) Veterans Day.(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.
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3		-	Assembly Bill No. ~~496 CHAPTER 118~~ An act to amend Section 8344.5 of the Health and Safety Code, relating to crematories. ~~[ Approved by Governor July 23, 2021. Filed with Secretary of State July 23, 2021. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 496, Chen. Cremation of veterans with the United States flag.Existing law requires that a crematory 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. Existing law authorizes a crematory to incinerate one or more American flags under specified conditions, including when the flag is in such condition that it is no longer a fitting emblem for display. Existing law requires a crematory that incinerates an American flag or flags to maintain an accurate record of all American flags incinerated, as specified.This bill would authorize a crematory, upon request of the person with the authority to dispose of the remains, to cremate the remains of a person who was a member of a branch of the United States military with a single American flag. The bill would exempt a flag that is incinerated in this manner from the recordkeeping requirements for incinerating a flag.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled July 13, 2021 Passed IN Senate July 12, 2021 Passed IN Assembly April 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 496Introduced by Assembly Member ChenFebruary 09, 2021 An act to amend Section 8344.5 of the Health and Safety Code, relating to crematories. LEGISLATIVE COUNSEL'S DIGESTAB 496, Chen. Cremation of veterans with the United States flag.Existing law requires that a crematory 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. Existing law authorizes a crematory to incinerate one or more American flags under specified conditions, including when the flag is in such condition that it is no longer a fitting emblem for display. Existing law requires a crematory that incinerates an American flag or flags to maintain an accurate record of all American flags incinerated, as specified.This bill would authorize a crematory, upon request of the person with the authority to dispose of the remains, to cremate the remains of a person who was a member of a branch of the United States military with a single American flag. The bill would exempt a flag that is incinerated in this manner from the recordkeeping requirements for incinerating a flag.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Assembly ~~Bill No.~~ ~~496 CHAPTER 118~~
	5	+	Enrolled July 13, 2021 Passed IN Senate July 12, 2021 Passed IN Assembly April 05, 2021
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7		-	Assembly Bill No. 496
	7	+	Enrolled July 13, 2021
	8	+	Passed IN Senate July 12, 2021
	9	+	Passed IN Assembly April 05, 2021
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9		-	CHAPTER 118
	11	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
	12	+
	13	+	Assembly Bill
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	15	+	No. 496
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	17	+	Introduced by Assembly Member ChenFebruary 09, 2021
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	19	+	Introduced by Assembly Member Chen
	20	+	February 09, 2021
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11	22		An act to amend Section 8344.5 of the Health and Safety Code, relating to crematories.
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13		-	[ Approved by Governor July 23, 2021. Filed with Secretary of State July 23, 2021. ]
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15	24		LEGISLATIVE COUNSEL'S DIGEST
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17	26		## LEGISLATIVE COUNSEL'S DIGEST
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19	28		AB 496, Chen. Cremation of veterans with the United States flag.
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21	30		Existing law requires that a crematory 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. Existing law authorizes a crematory to incinerate one or more American flags under specified conditions, including when the flag is in such condition that it is no longer a fitting emblem for display. Existing law requires a crematory that incinerates an American flag or flags to maintain an accurate record of all American flags incinerated, as specified.This bill would authorize a crematory, upon request of the person with the authority to dispose of the remains, to cremate the remains of a person who was a member of a branch of the United States military with a single American flag. The bill would exempt a flag that is incinerated in this manner from the recordkeeping requirements for incinerating a flag.
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23	32		Existing law requires that a crematory 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. Existing law authorizes a crematory to incinerate one or more American flags under specified conditions, including when the flag is in such condition that it is no longer a fitting emblem for display. Existing law requires a crematory that incinerates an American flag or flags to maintain an accurate record of all American flags incinerated, as specified.
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25	34		This bill would authorize a crematory, upon request of the person with the authority to dispose of the remains, to cremate the remains of a person who was a member of a branch of the United States military with a single American flag. The bill would exempt a flag that is incinerated in this manner from the recordkeeping requirements for incinerating a flag.
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27	36		## Digest Key
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29	38		## Bill Text
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31	40		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) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.(C) Incineration of the flag or flags occurs within one week before or after any of the following:(i) Presidents Day.(ii) Memorial Day.(iii) Flag Day.(iv) Independence Day.(v) Veterans Day.(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.
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33	42		The people of the State of California do enact as follows:
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35	44		## The people of the State of California do enact as follows:
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37	46		SECTION 1. Section 8344.5 of the Health and Safety Code is amended to read:8344.5. (a) Except as provided in subdivision (b) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.(C) Incineration of the flag or flags occurs within one week before or after any of the following:(i) Presidents Day.(ii) Memorial Day.(iii) Flag Day.(iv) Independence Day.(v) Veterans Day.(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.
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39	48		SECTION 1. Section 8344.5 of the Health and Safety Code is amended to read:
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41	50		### SECTION 1.
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43	52		8344.5. (a) Except as provided in subdivision (b) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.(C) Incineration of the flag or flags occurs within one week before or after any of the following:(i) Presidents Day.(ii) Memorial Day.(iii) Flag Day.(iv) Independence Day.(v) Veterans Day.(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.
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45	54		8344.5. (a) Except as provided in subdivision (b) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.(C) Incineration of the flag or flags occurs within one week before or after any of the following:(i) Presidents Day.(ii) Memorial Day.(iii) Flag Day.(iv) Independence Day.(v) Veterans Day.(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.
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47	56		8344.5. (a) Except as provided in subdivision (b) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.(C) Incineration of the flag or flags occurs within one week before or after any of the following:(i) Presidents Day.(ii) Memorial Day.(iii) Flag Day.(iv) Independence Day.(v) Veterans Day.(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.
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51	60		8344.5. (a) Except as provided in subdivision (b) or (c), 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.
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53	62		(b) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.
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55	64		(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:
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57	66		(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).
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59	68		(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.
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61	70		(C) Incineration of the flag or flags occurs within one week before or after any of the following:
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63	72		(i) Presidents Day.
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65	74		(ii) Memorial Day.
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67	76		(iii) Flag Day.
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69	78		(iv) Independence Day.
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71	80		(v) Veterans Day.
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73	82		(2) This subdivision does not attempt to restrict or otherwise infringe upon any persons right to free expression under the First Amendment to the United States Constitution.