BILL NUMBER: SB 658	AMENDED
	BILL TEXT

	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, as amended, 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  , in no less than 12-point font
size,  the  merchandise   list of
funeral goods  and services that are required to be included in
its general price list, as specified. The bill would also require an
establishment to make its general price list available by mail,
facsimile, or electronic mail, in certain circumstances.
   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 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 
merchandise   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 
located on   provided by a link from  the home
page of the Internet Web site  in no less than 12-point size
font  . 
   (3) If a consumer contacts an agent or employee of an
establishment by telephone and the consumer inquires about prices
during the conversation, that employee or agent shall inform the
consumer at that time that the establishment's general price list is
available and shall offer to provide the general price list by mail,
facsimile, or electronic mail.  
   (4) 
    (3)  An establishment that posts  , in no less
than 12-point size font,  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). 
   (5) 
    (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. 
   (6) 
    (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.