BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 658|
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UNFINISHED BUSINESS
Bill No: SB 658
Author: Negrete McLeod (D)
Amended: 7/7/11
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 5-3, 4/4/11
AYES: Price, Corbett, Correa, Hernandez, Vargas
NOES: Emmerson, Walters, Wyland
NO VOTE RECORDED: Negrete McLeod
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 23-14, 5/12/11
AYES: Alquist, Blakeslee, Corbett, Correa, De Le�n,
DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Price, Rubio,
Simitian, Steinberg, Vargas, Wolk, Wright
NOES: Anderson, Berryhill, Cannella, Dutton, Emmerson,
Fuller, Gaines, Harman, Huff, La Malfa, Runner,
Strickland, Walters, Wyland
NO VOTE RECORDED: Calderon, Pavley, Yee
ASSEMBLY FLOOR : 72-0, 09/01/11 - See last page for vote
SUBJECT : Licensed funeral establishments: price list:
Internet posting
SOURCE : Center for Public Interest Law
DIGEST : This bill requires funeral establishments to
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make their general price list available by mail, facsimile,
or electronic mail, or to post that information on its
Internet Web site, as specified, by January 1, 2013.
Assembly Amendments revise and recast the bill with similar
intent as it left the Senate.
ANALYSIS :
Existing law:
1. Licenses and regulates funeral establishments, funeral
directors, embalmers, crematories, crematory managers,
cemeteries, cemetery managers, cemetery brokers,
cemetery salespersons, and cremated remains disposers by
the Cemetery and Funeral Bureau (Bureau) within the
Department of Consumer Affairs.
2. Requires a funeral establishment to, at all times,
employ a licensed funeral director to manage, direct, or
control its business or profession.
3. Requires every funeral director to provide to any
person, upon beginning discussion of prices or of the
funeral goods and services offered, a written or printed
list (general price list). The general price list must
contain:
A. 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 must be enumerated.
B. The funeral director shall provide a statement on
that list that gives the price range for all caskets
offered for sale.
C. A statement that the person handling the funeral
arrangements is entitled to receive, prior to
drafting a 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.
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4. Requires the funeral director to provide a written
statement or list that identifies caskets (casket price
list) by price, and description, as specified, when a
request for specific information on a casket(s) is made
in person by any individual.
5. Requires the casket price and description information to
be given over the telephone, if requested.
This bill:
1. Requires each licensed funeral establishment that
maintains a Web site to post their list of funeral goods
and services that are required to be included in their
general price list, and a statement that the general
price list is available upon request.
2. Requires the information in #1 above be provided by a
link from their home page.
3. Provides that if a funeral establishment posts on its
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 do not need to comply with the requirements of #1
and #2 above.
4. 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.
5. Makes technical changes.
Background . Funeral establishments are closely regulated
in California. The Web site of the Department of Consumer
Affairs Cemetery and Funeral Bureau explains why:
"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.
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"Funerals rank among the most expensive purchases many
consumers will ever make. A traditional funeral,
including a casket and vault, costs about $6,000,
although 'extras' like flowers, obituary notices,
acknowledgment cards or limousines can add thousands of
dollars to the bottom line. Many funerals run well over
$10,000."
Furthermore, these enormous expenses are made during a time
of unparalleled emotional stress, even trauma.
To ensure fairness and accuracy in shopping for an
expensive service in emotional circumstances, the general
price list 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 �pricing] 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
�general price list] 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 general
price list 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 9/1/11)
Center for Public Interest Law (source)
AARP
California Alliance for Retired Americans
Congress of California Seniors
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Consumer Federation of California
Funeral Consumers Alliance
SCI California Funeral Services
ARGUMENTS IN SUPPORT : In sponsoring the bill, the Center
for Public Interest Law, argues that the time is long past
when in-person visits and telephone contacts are the means
by which consumers comparison shop. This bill seeks to
update current law by ensuring that if a funeral
establishment elects to have a Web site, the price
information already required to be provided to consumers by
California law when the consumer shows up in person is also
posted on the establishment's Web site.
The sponsor indicates that ensuring that the pricing
information funeral establishments already have, are
already required to provide over the phone, and are already
required to provide to anyone - even their competitors - in
person, is posted on their Web sites is a convenient and
compassionate way to aid grieving consumers in making an
informed choice about one of their most expensive purchases
during the most difficult time in their lives.
ASSEMBLY FLOOR : 72-0, 09/01/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Dickinson, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Grove, Hagman, Halderman, Hall, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Mitchell, Monning, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Bonilla, Davis, Donnelly, Gordon,
Gorell, Jeffries, Mansoor, Morrell
JJA:mw 9/1/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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