HB 24-1335 CO

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Became Law

The act implements the recommendations of the department of regulatory agencies (department) concerning the mortuary science code (code), as the recommendations are specified in the department's sunset review of the registration of funeral establishments and crematories, with amendments, as follows: Continues registration of funeral establishments and crematories and the title protection of mortuary science practitioners, funeral directors, embalmers, and cremationists until 2029; Requires the inspection of funeral homes and crematories on a routine basis, for a period of time after the business has ceased operations, and upon applying for a registration for the purpose of ensuring compliance with the code during this time; Repeals the limitation on the authority of the director of the division of professions and occupations (director) to inspect funeral homes and crematories only during business hours; Expands the director's authority to promulgate rules to include any rules necessary to administer the code; Repeals the code's stakeholder engagement provisions for rule-making to allow the "State Administrative Procedure Act" to control stakeholder engagement; Adds the failure to respond to a complaint within the appropriate time to the grounds for discipline; Repeals the requirement that a letter of admonition be sent by certified mail; Authorizes the director to suspend the registration of a person that fails to comply with a condition of a stipulation or order until the person complies with the condition; Replaces the term "applicant" with the term "person" in the title-protection provisions for funeral directors, embalmers, and cremationists; and Removes gendered language from the code. The act authorizes discipline to be imposed on a registration applicant or holder for the acts of a person acting on behalf of the applicant or holder and who is an officer, a director, a member, a partner, or an owner and holds an interest in the applicant or holder. The interest must be at least 10% if the applicant or holder is publicly traded. The act also requires a funeral establishments to: Have a written contract with all subcontractors or agents and update the language required in contracts for funeral services, respectively; Maintain a sanitary preparation room; Refrain from taking custody of more human remains than the funeral establishment has capacity to refrigerate; and Obtain and maintain professional liability insurance with liability limits of at least $1,000,000. The act requires a cremationist to remove all of the recoverable residue of the cremation process from the crematory and place the residue in a separate container so that the residue does not commingle with the cremated remains of other individuals. For the 2024-25 state fiscal year, $339,196 is appropriated to the department from the division of professions and occupations cash fund to implement the act. APPROVED by Governor May 24, 2024 EFFECTIVE May 24, 2024(Note: This summary applies to this bill as enacted.)

• Matt Soper Republican · primary
• Brianna Titone Democratic · primary
• Dylan Roberts Democratic · primary
• Bob Gardner · primary

1. May 24, 2024 Governor Signed · executive
2. May 16, 2024 Sent to the Governor · executive
3. May 16, 2024 Signed by the President of the Senate · upper
4. May 16, 2024 Signed by the Speaker of the House · lower
5. May 6, 2024 House Considered Senate Amendments - Result was to Concur - Repass · lower
6. May 6, 2024 Senate Third Reading Passed - No Amendments · upper
7. May 4, 2024 Senate Second Reading Special Order - Passed with Amendments - Committee · upper
8. May 4, 2024 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
9. May 3, 2024 Senate Committee on Finance Refer Amended to Appropriations · upper
10. Apr 30, 2024 Senate Committee on Business, Labor, & Technology Refer Amended to Finance · upper
11. Apr 18, 2024 Introduced In Senate - Assigned to Business, Labor, & Technology · upper
12. Apr 17, 2024 House Third Reading Passed - No Amendments · lower
13. Apr 16, 2024 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
14. Apr 15, 2024 House Second Reading Special Order - Laid Over Daily - No Amendments · lower
15. Apr 12, 2024 House Committee on Appropriations Refer Amended to House Committee of the Whole · lower
16. Apr 4, 2024 House Committee on Finance Refer Amended to Appropriations · lower
17. Mar 7, 2024 House Committee on Business Affairs & Labor Refer Unamended to Finance · lower
18. Feb 23, 2024 Introduced In House - Assigned to Business Affairs & Labor · lower