Colorado 2025 Regular Session

Colorado House Bill HB1217 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0355.01 Richard Sweetman x4333
1	8		HOUSE BILL 25-1217
2		-	BY REPRESENTATIVE(S) Soper and Titone, Bacon, Bird, Boesenecker, Brown,
3		-	Duran, Hamrick, Lieder, Lindsay;
4		-	also SENATOR(S) Catlin and Roberts, Cutter, Jodeh, Kipp, Michaelson Jenet,
5		-	Wallace, Weissman
6		-	.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING PROTECTIONS FOR CONSUMERS WHO UTILIZE FUNERAL
9		-	SERVICES
10		-	, AND, IN CONNECTION THEREWITH , DISTINGUISHING
11		-	TRANSPORTATION PROTECTION AGREEMENTS FROM PRENEED
12		-	CONTRACTS
13		-	, ESTABLISHING A VIOLATION UNDER THE "COLORADO
14		-	CONSUMER PROTECTION ACT" AND UNDER THE "MORTUARY
15		-	SCIENCE CODE" FOR A FUNERAL DIRECTOR WHO COMMITS THEFT OF
16		-	A CLIENT
17		-	'S MONEY, AND CHANGING THE DATE BY WHICH AN
18		-	APPLICANT MUST DEMONSTRATE FOUR THOUSAND HOURS
19		-	' WORK
20		-	EXPERIENCE TO RECEIVE A PROVISIONAL LICENSE
21		-	.
22		-
23		-	Be it enacted by the General Assembly of the State of Colorado:
24		-	SECTION 1. In Colorado Revised Statutes, 10-15-102, amend
25		-	(13)(b); and add (16.5) as follows:
26		-	10-15-102. Definitions. As used in this article 15, unless the context
27		-	otherwise requires:
28		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
29		-	officers and the Governor. To determine whether the Governor has signed the bill
30		-	or taken other action on it, please consult the legislative status sheet, the legislative
31		-	history, or the Session Laws.
32		-	________
33		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
34		-	through words or numbers indicate deletions from existing law and such material is not part of
35		-	the act. (13) (b) "Preneed contract" does not include:
36		-	(I) A contract for merchandise whereby the buyer takes physical
	13	+	ONCERNING PROTECTIONS FOR CONSUMERS WHO UTILIZE FUNERAL101
	14	+	SERVICES, AND, IN CONNECTION THEREWITH , DISTINGUISHING102
	15	+	TRANSPORTATION PROTECTION AGREEMENTS FROM PRENEED103
	16	+	CONTRACTS, ESTABLISHING A VIOLATION UNDER THE104
	17	+	"C
	18	+	OLORADO CONSUMER PROTECTION ACT" AND UNDER THE105
	19	+	"M
	20	+	ORTUARY SCIENCE CODE" FOR A FUNERAL DIRECTOR WHO106
	21	+	COMMITS THEFT OF A CLIENT 'S
	22	+	MONEY, AND CHANGING THE107
	23	+	DATE BY WHICH AN APPLICANT MUST DEMONSTRATE FOUR108
	24	+	THOUSAND HOURS' WORK EXPERIENCE TO RECEIVE A109
	25	+	PROVISIONAL LICENSE.110
	26	+	Bill Summary
	27	+	(Note: This summary applies to this bill as introduced and does
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 1, 2025
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	March 31, 2025
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	March 10, 2025
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	March 7, 2025
	40	+	HOUSE SPONSORSHIP
	41	+	Soper and Titone, Bacon, Bird, Boesenecker, Brown, Duran, Hamrick, Lieder, Lindsay
	42	+	SENATE SPONSORSHIP
	43	+	Catlin and Roberts, Cutter, Jodeh, Kipp, Michaelson Jenet, Wallace, Weissman
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. not reflect any amendments that may be subsequently adopted. If this bill
	47	+	passes third reading in the house of introduction, a bill summary that
	48	+	applies to the reengrossed version of this bill will be available at
	49	+	http://leg.colorado.gov
	50	+	.)
	51	+	Under current law, a "preneed contract" is a contract, agreement,
	52	+	or mutual understanding, or any security or other instrument that is
	53	+	convertible into a contract, agreement, or mutual understanding, whereby,
	54	+	upon the death of the preneed contract beneficiary, a final resting place,
	55	+	merchandise, or services are provided or performed in connection with
	56	+	the final disposition of the beneficiary's body. The bill states that a
	57	+	preneed contract does not include a transportation protection agreement,
	58	+	which is an agreement that primarily provides for the coordination or
	59	+	arrangement, by a third party that is not a general provider, of services
	60	+	related to:
	61	+	! The preparation of human remains for the purpose of
	62	+	transportation; or
	63	+	! The transportation of human remains.
	64	+	The bill also makes it a deceptive trade practice under the
	65	+	"Colorado Consumer Protection Act" as well as an unlawful act under the
	66	+	"Mortuary Science Code" for a funeral director to commit theft of money
	67	+	that a client paid for funeral services.
	68	+	Be it enacted by the General Assembly of the State of Colorado:1
	69	+	SECTION 1. In Colorado Revised Statutes, 10-15-102, amend2
	70	+	(13)(b); and add (16.5) as follows:3
	71	+	10-15-102. Definitions. As used in this article 15, unless the4
	72	+	context otherwise requires:5
	73	+	(13) (b) "Preneed contract" does not include:6
	74	+	(I) A contract for merchandise whereby the buyer takes physical7
37	75		possession of the merchandise at the time of entering into the contract;
38		-	OR
39		-	(II) A TRANSPORTATION PROTECTION AGREEMENT .
	76	+	OR8
	77	+	(II) A
	78	+	TRANSPORTATION PROTECTION AGREEMENT .9
40	79		(16.5) "T
41		-	RANSPORTATION PROTECTION AGREEMENT " MEANS AN
42		-	AGREEMENT THAT PRIMARILY PROVIDES FOR THE COORDINATION AND
43		-	ARRANGEMENT
44		-	, BY A THIRD PARTY THAT IS NOT A GENERAL PROVIDER , OF
45		-	SERVICES RELATED TO
46		-	:
47		-	(a) T
48		-	HE PREPARATION OF HUMAN REMAINS FOR THE PURPOSE OF
49		-	TRANSPORTATION
50		-	; OR
51		-	(b) THE TRANSPORTATION OF HUMAN REMAINS .
52		-	SECTION 2. In Colorado Revised Statutes, add 6-1-738 as
53		-	follows:
54		-	6-1-738. Funeral directors - theft of client funds - deceptive
	80	+	RANSPORTATION PROTECTION AGREEMENT " MEANS AN10
	81	+	AGREEMENT THAT PRIMARILY PROVIDES FOR THE COORDINATION AND11
	82	+	ARRANGEMENT, BY A THIRD PARTY THAT IS NOT A GENERAL PROVIDER, OF12
	83	+	SERVICES RELATED TO:13
	84	+	1217-2- (a) THE PREPARATION OF HUMAN REMAINS FOR THE PURPOSE OF1
	85	+	TRANSPORTATION; OR2
	86	+	(b) T
	87	+	HE TRANSPORTATION OF HUMAN REMAINS .3
	88	+	SECTION 2. In Colorado Revised Statutes, add 6-1-737 as4
	89	+	follows:5
	90	+	6-1-737. Funeral directors - theft of client funds - deceptive6
55	91		trade practice. A
56		-	FUNERAL DIRECTOR, AS DEFINED IN SECTION 12-135-103
57		-	(15),
58		-	ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN THE FUNERAL
59		-	DIRECTOR COMMITS THEFT
60		-	, AS DESCRIBED IN SECTION 18-4-401, OF MONEY
61		-	THAT A CLIENT OR PROSPECTIVE CLIENT HAS PAID TO THE FUNERAL
62		-	DIRECTOR IN EXCHANGE FOR FUNERAL SERVICES
63		-	, AS DEFINED IN SECTION
64		-	12-135-103 (18).
65		-	SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(jjjj)
66		-	as follows:
67		-	6-1-105. Unfair or deceptive trade practices - definitions. (1) A
68		-	person engages in a deceptive trade practice when, in the course of the
69		-	person's business, vocation, or occupation, the person:
70		-	(jjjj) V
71		-	IOLATES SECTION 6-1-738.
72		-	SECTION 4. In Colorado Revised Statutes, 12-135-105, add (1)(t)
73		-	as follows:
74		-	PAGE 2-HOUSE BILL 25-1217 12-135-105. Unlawful acts. (1) It is unlawful:
	92	+	FUNERAL DIRECTOR , AS DEFINED IN SECTION7
	93	+	12-135-103
	94	+	(15), ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN THE8
	95	+	FUNERAL DIRECTOR COMMITS THEFT , AS DESCRIBED IN SECTION 18-4-401,9
	96	+	OF MONEY THAT A CLIENT OR PROSPECTIVE CLIENT HAS PAID TO THE10
	97	+	FUNERAL DIRECTOR IN EXCHANGE FOR FUNERAL SERVICES , AS DEFINED IN11
	98	+	SECTION 12-135-103 (18).12
	99	+	SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)13
	100	+	as follows:14
	101	+	6-1-105. Unfair or deceptive trade practices - definitions.15
	102	+	(1) A person engages in a deceptive trade practice when, in the course of16
	103	+	the person's business, vocation, or occupation, the person:17
	104	+	(iiii) V
	105	+	IOLATES SECTION 6-1-737.18
	106	+	SECTION 4. In Colorado Revised Statutes, 12-135-105, add19
	107	+	(1)(t) as follows:20
	108	+	12-135-105. Unlawful acts. (1) It is unlawful:21
75	109		(t) F
76		-	OR A FUNERAL DIRECTOR TO VIOLATE SECTION 6-1-738.
77		-	SECTION 5. In Colorado Revised Statutes, 12-135-501, amend
78		-	(4)(b)(I) as follows:
79		-	12-135-501. Licenses required - funeral director, mortuary
80		-	science practitioner, embalmer, cremationist, and natural reductionist
81		-	- provisional license - rules - repeal. (4) (b) To be issued a provisional
82		-	license, an applicant must demonstrate that the applicant:
83		-	(I) Has obtained at least four thousand hours of work experience
84		-	equivalent to the work performed by a funeral director, mortuary science
85		-	practitioner, embalmer, cremationist, or natural reductionist, as applicable,
86		-	before January 1, 2026
87		-	2027;
88		-	SECTION 6. Act subject to petition - effective date -
89		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
90		-	the expiration of the ninety-day period after final adjournment of the
91		-	general assembly; except that, if a referendum petition is filed pursuant to
92		-	section 1 (3) of article V of the state constitution against this act or an item,
93		-	section, or part of this act within such period, then the act, item, section, or
94		-	part will not take effect unless approved by the people at the general
95		-	election to be held in November 2026 and, in such case, will take effect on
96		-	the date of the official declaration of the vote thereon by the governor.
97		-	PAGE 3-HOUSE BILL 25-1217 (2) This act applies to offenses committed on or after the applicable
98		-	effective date of this act.
99		-	____________________________ ____________________________
100		-	Julie McCluskie James Rashad Coleman, Sr.
101		-	SPEAKER OF THE HOUSE PRESIDENT OF
102		-	OF REPRESENTATIVES THE SENATE
103		-	____________________________ ____________________________
104		-	Vanessa Reilly Esther van Mourik
105		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
106		-	OF REPRESENTATIVES THE SENATE
107		-	APPROVED________________________________________
108		-	(Date and Time)
109		-	_________________________________________
110		-	Jared S. Polis
111		-	GOVERNOR OF THE STATE OF COLORADO
112		-	PAGE 4-HOUSE BILL 25-1217
	110	+	OR A FUNERAL DIRECTOR TO VIOLATE SECTION 6-1-737.22
	111	+	SECTION 5. In Colorado Revised Statutes, 12-135-501, amend23
	112	+	(4)(b)(I) as follows:24
	113	+	12-135-501. Licenses required - funeral director, mortuary25
	114	+	science practitioner, embalmer, cremationist, and natural26
	115	+	reductionist - provisional license - rules - repeal. (4) (b) To be issued27
	116	+	1217
	117	+	-3- a provisional license, an applicant must demonstrate that the applicant:1
	118	+	(I) Has obtained at least four thousand hours of work experience2
	119	+	equivalent to the work performed by a funeral director, mortuary science3
	120	+	practitioner, embalmer, cremationist, or natural reductionist, as4
	121	+	applicable, before January 1, 2026 2027;5
	122	+	SECTION 6. Act subject to petition - effective date -6
	123	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following7
	124	+	the expiration of the ninety-day period after final adjournment of the8
	125	+	general assembly; except that, if a referendum petition is filed pursuant9
	126	+	to section 1 (3) of article V of the state constitution against this act or an10
	127	+	item, section, or part of this act within such period, then the act, item,11
	128	+	section, or part will not take effect unless approved by the people at the12
	129	+	general election to be held in November 2026 and, in such case, will take13
	130	+	effect on the date of the official declaration of the vote thereon by the14
	131	+	governor.15
	132	+	(2) This act applies to offenses committed on or after the16
	133	+	applicable effective date of this act.17
	134	+	1217
	135	+	-4-