BILL ANALYSIS Ó
SB 658
Page 1
SENATE THIRD READING
SB 658 (Negrete McLeod)
As Amended July 7, 2011
Majority vote
SENATE VOTE :23-14
BUSINESS & PROFESSIONS 9-0
APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires funeral establishments that maintain an
Internet Web site (Web site) to make their general price list
(GPL) available on its Web site, as specified, by January 1,
2013. Specifically, this bill :
1)Requires each licensed funeral establishment that maintains a
Web site to post their GPL, pursuant to federal rule, via a
link from the home page of the Web site, and a statement that
the GPL is available upon request.
2)Exempts the funeral establishment from the above requirement
if the funeral establishment posts on its Web site home page
the words "price information," or a similar phase that
includes the word "price," with a link that leads to the
funeral establishment's GPL.
3)States that nothing in this bill shall be construed to affect
an establishment's obligation under federal or state law
effective prior to January 1, 2013.
4)Makes technical changes.
EXISTING LAW :
SB 658
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1)Regulates licensed funeral establishments and requires that
they be operated by a licensed funeral director.
2)Requires a funeral director to provide to any person, upon
beginning discussion of prices or of the funeral goods and
services offered, a GPL containing the price for professional
services, as specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential minor non-reimbursable local costs for
investigation and prosecution of violations, potentially offset
by fine revenue.
COMMENTS : Funeral establishments are regulated in California by
the Cemetery and Funeral Bureau (Bureau) under the Department of
Consumer Affairs. The Bureau states, "The death of a loved one
is one of the most traumatic experiences any of us will ever
have ? By asking the right questions, comparing prices and
services, and making informed decisions, you can make
arrangements that are meaningful to your family and control the
costs for yourself and your survivors."
To ensure fairness and accuracy in shopping for an expensive
service in emotional circumstances, the GPL required by Federal
Trade Commission (FTC) Funeral Rule since 1984 requires a
detailed, written price list be given to anyone who asks for the
list in person:
"The request for Ýpricing] information does not have to come
from a consumer or someone who wants to make funeral
arrangements now or in the future. You must give a ÝGPL] to all
persons who inquire about funeral arrangements. This may
include competitors, journalists, and representatives of
businesses, religious societies, government agencies, or
consumer groups."
California law largely reflects the FTC Funeral Rule by
requiring the funeral establishment to give its GPL to those who
inquire about funeral arrangements, as well as requiring the
funeral establishment to give a casket price list when an
individual asks for casket information in person. Both the FTC
Funeral Rule and California law require that prices must also be
quoted over the phone.
SB 658
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Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0002130