BILL NUMBER: SB 658	INTRODUCED
	BILL TEXT


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 introduced, Negrete McLeod. Licensed funeral
establishments: price list: Internet posting.
   The Funeral Directors and Embalmers Act 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. 
   (b) 
    (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. 
   (c) 
    (3)  The funeral director shall also provide a statement
on that list that gives the price range for all caskets offered for
sale. 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, 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, 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 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.
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