Bill Text: CA SB1401 | 2019-2020 | Regular Session | Introduced
Bill Title: Licensed funeral establishments: general price lists: internet website posting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-12 - Referred to Com. on B., P. & E.D. [SB1401 Detail]
Download: California-2019-SB1401-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1401
| Introduced by Senator Glazer |
February 21, 2020 |
An act to amend Section 7685 of the Business and Professions Code, relating to funeral services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1401, as introduced, Glazer.
Licensed funeral establishments: general price lists: internet website posting.
Existing law, the Cemetery and Funeral Act, provides for the licensure and regulation of cemeteries, crematoria, funeral establishments, and their personnel by the Cemetery and Funeral Bureau within the Department of Consumer Affairs. Under existing law, the violation of the act is a misdemeanor.
Existing law requires a licensed funeral establishment that maintains an internet website to post on its internet website the list of funeral goods and services that are required to be included in the establishment’s general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
This bill would require the general price list to be posted in a prominent place on the licensed funeral establishment’s internet website. The bill would require the bureau, by
January 1, 2022, to establish a process for inspecting licensed funeral establishments for compliance with this requirement. By expanding the definition of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7685 of the Business and Professions Code is amended to read:7685.
(a) (1) Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, that may include the funeral director’s services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.(2) The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is
entitled to receive, before the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3) The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by an individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given
over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b) (1) Each licensed funeral establishment that maintains an Internet Web site internet website shall post on its Internet Web site internet website the list of funeral goods and services that are required to be included in the establishment’s general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2) The general price list required in paragraph (1) shall be posted in a prominent place on the licensed funeral establishment’s internet website. The bureau shall, by January 1, 2022, establish a process for inspecting licensed funeral establishments for compliance with paragraph 1.
(2)
(3) Information posted pursuant to paragraph (1) shall be provided by a link from the Internet Web site
internet website homepage with a word or combination of words, including, but not limited to, “goods,” “merchandise,” “products,” or “services.”
(3)
(4) An establishment that posts on its Internet Web site internet website homepage the words “price information” or a similar phrase that includes the word “price,” with a link that leads to the establishment’s general price list, need not comply with paragraphs (1) or (2).
(1), (2), or (3).
(4)
(5) This subdivision shall not be construed to affect an establishment’s obligations under federal or state law effective before January 1, 2013.
(5)
(6) This subdivision shall become operative on January 1, 2013.
