HOUSE BILL 25-1217
BY REPRESENTATIVE(S) Soper and Titone, Bacon, Bird, Boesenecker, Brown,
Duran, Hamrick, Lieder, Lindsay;
also SENATOR(S) Catlin and Roberts, Cutter, Jodeh, Kipp, Michaelson Jenet,
Wallace, Weissman
.
C
ONCERNING PROTECTIONS FOR CONSUMERS WHO UTILIZE FUNERAL
SERVICES
, AND, IN CONNECTION THEREWITH , DISTINGUISHING
TRANSPORTATION PROTECTION AGREEMENTS FROM PRENEED
CONTRACTS
, ESTABLISHING A VIOLATION UNDER THE "COLORADO
CONSUMER PROTECTION ACT" AND UNDER THE "MORTUARY
SCIENCE CODE" FOR A FUNERAL DIRECTOR WHO COMMITS THEFT OF
A CLIENT
'S MONEY, AND CHANGING THE DATE BY WHICH AN
APPLICANT MUST DEMONSTRATE FOUR THOUSAND HOURS
' WORK
EXPERIENCE TO RECEIVE A PROVISIONAL LICENSE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 10-15-102, amend
(13)(b); and add (16.5) as follows:
10-15-102. Definitions. As used in this article 15, unless the context
otherwise requires:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (13) (b) "Preneed contract" does not include:
(I) A contract for merchandise whereby the buyer takes physical
possession of the merchandise at the time of entering into the contract;
OR
(II) A TRANSPORTATION PROTECTION AGREEMENT .
(16.5) "T
RANSPORTATION PROTECTION AGREEMENT " MEANS AN
AGREEMENT THAT PRIMARILY PROVIDES FOR THE COORDINATION AND
ARRANGEMENT
, BY A THIRD PARTY THAT IS NOT A GENERAL PROVIDER , OF
SERVICES RELATED TO
:
(a) T
HE PREPARATION OF HUMAN REMAINS FOR THE PURPOSE OF
TRANSPORTATION
; OR
(b) THE TRANSPORTATION OF HUMAN REMAINS .
SECTION 2. In Colorado Revised Statutes, add 6-1-738 as
follows:
6-1-738. Funeral directors - theft of client funds - deceptive
trade practice. A
FUNERAL DIRECTOR, AS DEFINED IN SECTION 12-135-103
(15),
ENGAGES IN A DECEPTIVE TRADE PRACTICE WHEN THE FUNERAL
DIRECTOR COMMITS THEFT
, AS DESCRIBED IN SECTION 18-4-401, OF MONEY
THAT A CLIENT OR PROSPECTIVE CLIENT HAS PAID TO THE FUNERAL
DIRECTOR IN EXCHANGE FOR FUNERAL SERVICES
, AS DEFINED IN SECTION
12-135-103 (18).
SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(jjjj)
as follows:
6-1-105. Unfair or deceptive trade practices - definitions. (1) A
person engages in a deceptive trade practice when, in the course of the
person's business, vocation, or occupation, the person:
(jjjj) V
IOLATES SECTION 6-1-738.
SECTION 4. In Colorado Revised Statutes, 12-135-105, add (1)(t)
as follows:
PAGE 2-HOUSE BILL 25-1217 12-135-105. Unlawful acts. (1) It is unlawful:
(t) F
OR A FUNERAL DIRECTOR TO VIOLATE SECTION 6-1-738.
SECTION 5. In Colorado Revised Statutes, 12-135-501, amend
(4)(b)(I) as follows:
12-135-501. Licenses required - funeral director, mortuary
science practitioner, embalmer, cremationist, and natural reductionist
- provisional license - rules - repeal. (4) (b) To be issued a provisional
license, an applicant must demonstrate that the applicant:
(I) Has obtained at least four thousand hours of work experience
equivalent to the work performed by a funeral director, mortuary science
practitioner, embalmer, cremationist, or natural reductionist, as applicable,
before January 1, 2026
2027;
SECTION 6. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2026 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 3-HOUSE BILL 25-1217 (2) This act applies to offenses committed on or after the applicable
effective date of this act.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 25-1217