Bill Text: CA SB658 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Licensed funeral establishments: price list: Internet

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-30 - Chaptered by Secretary of State. Chapter 386, Statutes of 2011. [SB658 Detail]

Download: California-2011-SB658-Amended.html

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BILL NUMBER: SB 658	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2011

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2011

   An act to amend Section 7685 of the Business and Professions Code,
relating to funeral services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 658, as amended, Negrete McLeod. Licensed funeral
establishments: price list: Internet posting.
   The Funeral Directors and Embalmers  Act  
Law  regulates licensed funeral establishments and requires that
they be operated by a licensed funeral director who is required to
provide written information regarding funeral services and prices to
consumers, as specified. A violation of the act is a misdemeanor.
   This bill would require that a licensed funeral establishment that
maintains an Internet Web site also post that information on its
Internet Web site, as specified.
   Because this bill would establish a new crime, the bill would
create 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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,
which 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, prior to 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 statement on that
list that gives the price range for all caskets offered for sale. The

    (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  Title 16,   Part 453 of
Title 16 of the  Code of Federal Regulations  , Part 453
 and any subsequent version of this regulation, when a
request for specific information on a casket or caskets is made in
person by any 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  Title 16,   Part 453 of Title 16 of the
 Code of Federal Regulations  , Part 453  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 shall post on its Internet Web site the information
specified in subdivision (a).
   (2) Information posted pursuant to paragraph (1) shall be
accessible through a link, marked "prices for  goods and 
services," conspicuously located on the home page of the Internet Web
site.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.