Bill Text: CA SB658 | 2011-2012 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 658 CHAPTERED
BILL TEXT
CHAPTER 386
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2011
APPROVED BY GOVERNOR SEPTEMBER 30, 2011
PASSED THE SENATE SEPTEMBER 2, 2011
PASSED THE ASSEMBLY SEPTEMBER 1, 2011
AMENDED IN ASSEMBLY JULY 7, 2011
AMENDED IN ASSEMBLY JUNE 23, 2011
AMENDED IN ASSEMBLY JUNE 21, 2011
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, Negrete McLeod. Licensed funeral establishments: price
list: Internet posting.
The Funeral Directors and Embalmers 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, as of January 1, 2013, require that a licensed
funeral establishment that maintains an Internet Web site also post
on its Internet Web site the list of funeral goods and services that
are required to be included in its general price list, 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.
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 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 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 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 shall post on its Internet Web site 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) Information posted pursuant to paragraph (1) shall be provided
by a link from the home page of the Internet Web site.
(3) An establishment that posts on its Internet Web site home page
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).
(4) Nothing in this subdivision shall be construed to affect an
establishment's obligations under federal or state law effective
prior to January 1, 2013.
(5) This subdivision shall become operative on January 1, 2013.
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.
