BILL NUMBER: SB 658AMENDED 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,themerchandiselist 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 themerchandiselist 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 belocated onprovided by a link from the home page of the Internet Web sitein 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.