Bill Text: CA SB1197 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Income taxes: credits: film: extension.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 840, Statutes of 2012. [SB1197 Detail]

Download: California-2011-SB1197-Amended.html

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BILL NUMBER: SB 1197	AMENDED
	BILL TEXT

	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 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 
an American flag   one or more American flags  , in
accordance with specified federal law,  in conjunction with
the cremation of human remains and other items described under
existing law   during the periods within one week before
or after specified holidays. 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) In conjunction with the cremation of human remains and other
items as described in subdivision (a), a crematory regulated by the
Cemetery and Funeral Bureau also may cremate an American flag
provided it is done in accordance with the provisions of subsection
(k) of Section 8 of Title 4 of the United States Code.  

   (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 in accordance with Title 4
United States Code section 8(k).  
   (B) 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 the United States
Constitution. 
  SEC. 2.  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  bill
  act  take effect immediately.