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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0405.02 Renee Leone x2695 HOUSE BILL 26-1258
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
CONCERNING DEATH.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill makes changes to death-care related practices, including
changes to:
! The practices of professionals licensed and establishments
registered pursuant to the "Mortuary Science Code";
! The licensure options for professionals seeking licensure
pursuant to the "Mortuary Science Code";
! The powers and duties of the director of the division of
professions and occupations in connection with regulating
HOUSE
3rd Reading Unamended
March 11, 2026
HOUSE
Amended 2nd Reading
March 10, 2026
HOUSE
Amended 2nd Reading
HOUSE SPONSORSHIP
Soper and Titone, Boesenecker, Duran, Espenoza, Garcia, Hamrick, Keltie, Lieder,
Lindsay, Marshall, McCluskie, Nguyen
SENATE SPONSORSHIP
Roberts and Pelton R.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
professionals licensed and establishments registered
pursuant to the "Mortuary Science Code";
! The provisions concerning nontransplant tissue banks and
the discipline of a person that has an interest in a
nontransplant tissue bank;
! The abuse of a corpse as a criminal offense in regard to
transporting human remains;
! The timeline for regulatory review of certain death-care
related entities and provisions; and
! The process by which a licensed individual initiates,
completes, responds to, or files a death certificate.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-135-103, amend2
(16) and (18); add (1.8); and recreate and reenact, with amendments,3
(10) as follows:4
12-135-103. Definitions - repeal.5
As used in this article 135, unless the context otherwise requires:6
(1.8) "B ROKER" MEANS A PERSON THAT DOES NOT DIRECTLY7
PROVIDE PREPARATION OF HUMAN REMAINS FOR FINAL DISPOSITION OR8
FUNERAL SERVICES TO THE PUBLIC AND WHO PROVIDES FUNERAL SERVICES9
EXCLUSIVELY THROUGH THE USE OF SUBCONTRACTORS.10
(10) "D ESIGNEE" MEANS AN INDIVIDUAL DESIGNATED BY A11
FUNERAL ESTABLISHMENT REGISTERED IN ACCORDANCE WITH SECTION12
12-135-110.13
(16) "Funeral establishment" "funeral home", or "mortuary"14
means:15
(a) An establishment that DIRECTLY holds, cares for, or prepares16
human remains prior to final disposition, including a crematory or17
embalming room; except that this subsection (16)(a) does not apply to18
establishments in which individuals regularly die;19
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(b) An establishment that holds itself out to the general public as1
providing DIRECTLY PROVIDES funeral goods and FUNERAL services;2
(c) Facilities A FACILITY used to hold, care for, or prepare human3
remains prior to final disposition; except that this subsection (16)(c)does4
not apply to facilities in which individuals regularly die; or5
(d) An establishment that DIRECTLY provides funeral or memorial6
services to the public for compensation.7
(18) "Funeral services" means:8
(a) Preparation of human remains for final disposition, INCLUDING9
REFRIGERATION, EMBALMING, AND MEMORIAL SERVICES; except that this10
subsection (18)(a) does not apply to cremation; OR11
(b) Arrangement, supervision, or conduct of the funeral ceremony12
or the final disposition of human remains. or13
(c) Transportation of human remains to or from a funeral14
establishment.15
SECTION 2. In Colorado Revised Statutes, 12-135-104, amend16
(1); and add (3) and (4) as follows:17
12-135-104. Funeral establishment - subcontractor.18
(1) (a) A funeral establishment shall have the appropriate19
equipment and personnel to adequately AND DIRECTLY provide the funeral20
services it contracts to provide and shall provide written notice to the21
consumer specifying any subcontractors or agents routinely handling or22
caring for human remains.23
(b) To comply WITH SUBSECTION (1)(a) OF THIS SECTION , the24
notice must be given when the c onsumer inquires about the good s or25
services the funeral establishment provides and must include the names26
and addresses of the subcontractors, agents, or other providers; except27
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that, if the inquiry is over the telephone, the written noti ce must be1
provided when the customer finalizes the arrangements for goods or2
services with the funeral establishment.3
(3) A FUNERAL ESTABLISHMENT MUST HAVE A PHYSICAL LOCATION4
THAT:5
(a) IS SUBJECT TO INSPECTION; AND6
(b) I NCLUDES AT LEAST ONE AREA THAT IS USED TO DIRECTLY7
PROVIDE FUNERAL SERVICES.8
(4) A BROKER DOES NOT QUALIFY FOR REGISTRATION AS A9
FUNERAL ESTABLISHMENT.10
SECTION 3. In Colorado Revised Statutes, 12-135-105, amend11
(1)(e), (1)(g)(II), (1)(i) introductory portion, (1)(i)(I), (1)(i)(VIII),12
(1)(i)(IX), (1)(n), (1)(o), and (1)(p); and add (1)(i)(X), (1)(u), (1)(v), and13
(1)(w), (1)(x), (1)(y), and (1)(z) as follows:14
12-135-105. Unlawful acts.15
(1) It is unlawful:16
(e) For a funeral director, mortuary science practitioner,17
embalmer, CREMATIONIST , NATURAL REDUCTIONIST , funeral18
establishment, or facility in which people regularly die or the person's or19
facility's agent to engage in a business practice that interferes with the20
freedom of choice of the general public to choose a funeral director,21
mortuary science practitioner, embalmer, CREMATIONIST, NATURAL22
REDUCTIONIST, or funeral establishment;23
(g) To transport or otherwise transfer by common carrier human24
remains unless:25
(II) The transport or transfer is to a funeral establishment, funeral26
director, or embalmer, CREMATIONIST, OR NATURAL REDUCTIONIST within27
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the state of Colorado;1
(i) For a funeral director, mortuary science practitioner, or2
embalmer, CREMATIONIST, OR NATURAL REDUCTIONIST to admit or permit3
any person to visit the embalming, cremation, or preparation room during4
the time a body is being embalmed, cremated, or prepared for final5
disposition, unless the person:6
(I) Is a funeral director, mortuary science practitioner,7
cremationist, NATURAL REDUCTIONIST, or embalmer;8
(VIII) Is a technician representing a procurement organization as9
defined in section 15-19-202 for purposes of an anatomical gift; or10
(IX) Is the director or the director's designee; OR11
(X) I S PRACTICING UNDER AN ASSOCIATE LICENSE ISSUED12
PURSUANT TO SECTION 12-135-501;13
(n) To engage in willfully dishonest conduct or commit14
negligence in the practice of embalming, CREMATING, NATURALLY15
REDUCING, funeral directing, or providing for final disposition that16
defrauds or causes injury or is likely to defraud or cause injury;17
(o) To fail to include in a contract for funeral services the18
following statement: "FUNERAL HOMES AND CREMATORY19
ESTABLISHMENTS ARE REGULATED BY THE DEPARTMENT OF20
REGULATORY AGENCIES. TO FILE A COMPLAINT, CONTACT"21
"FUNERAL ESTABLISHMENTS ARE REGULATED BY THE22
DEPARTMENT OF REGULATORY AGENCIES. TO FILE A23
COMPLAINT, CONTACT:", along with the current address, or telephone24
number, OR EMAIL ADDRESS of the department;25
(p) For a person owning an indirect or a direct AN interest in a26
funeral establishment to own an indirect AN interest in a nontransplant27
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tissue bank, as defined in section 12-140-102 (3); or to own a direct1
interest in a nontransplant tissue bank;2
(u) T O COMMIT AN ACT THAT DOES NOT MEET THE GENERALLY3
ACCEPTED STANDARDS OF MORTUARY SCIENCE OR TO FAIL TO PERFORM AN4
ACT THAT IS REQUIRED TO MEET THE GENERALLY ACCEPTED STANDARDS5
OF MORTUARY SCIENCE;6
(v) TO FAIL TO INCLUDE THE LICENSE NUMBER OF THE DESIGNEE7
OF THE FUNERAL ESTABLISHMENT IN ALL CONTRACTS FOR FUNERAL8
SERVICES OR FUNERAL GOODS; 9
(w) T O FAIL TO PROPERLY SUPERVISE AN ASSOCIATE , LICENSED10
PURSUANT TO SECTION 12-135-501 (7), WHO IS REQUIRED TO BE11
PERFORMING TASKS UNDER THE SUPERVISION OF A LICENSED FUNERAL12
DIRECTOR, MORTUARY SCIENCE PRACTITIONER, CREMATIONIST, NATURAL13
REDUCTIONIST, OR EMBALMER PURSUANT TO SECTION 12-135-501 (8); 14
(x) T O CREMATE HUMAN REMAINS IN A FACILITY UNLESS THE15
FACILITY IS REGISTERED PURSUANT TO SECTION 12-135-110;16
(y) TO REFUSE TO ACCEPT HUMAN REMAINS THAT ARE NOT IN A17
CASKET OR TO REQUIRE HUMAN REMAINS TO BE PLACED IN A CASKET AT18
ANY TIME; OR19
(z) T O ALLOW A CREMATIONIST OR ANY OTHER INDIVIDUAL20
LICENSED PURSUANT TO THIS ARTICLE 135 TO PERFORM SERVICES BEYOND21
THE INDIVIDUAL'S COMPETENCY, TRAINING, OR EDUCATION.22
SECTION 4. In Colorado Revised Statutes, 12-135-107, amend23
(4); and add (5) as follows:24
12-135-107. Consumer protection.25
(4) When quoting funeral prices, either orally, by use of a26
disclosure statement, or by a final bill, the funeral establishment shall27
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only list those items as cash advances or accommodation items that are1
paid for or could be paid for by the next of kin in the same amount that2
is paid by the funeral home ESTABLISHMENT.3
(5) A CONTRACT FOR FUNERAL SERVICES ENTERED INTO BY A4
DESIGNEE MUST INCLUDE THE LICENSE NUMBER OF THE FUNERAL5
DIRECTOR , CREMATIONIST , EMBALMER , MORTUARY SCIENCE6
PRACTITIONER, OR NATURAL REDUCTIONIST.7
SECTION 5. In Colorado Revised Statutes, 12-135-109, amend8
(2)(b), (4) introductory portion, and (5) as follows:9
12-135-109. Exceptions - safe harbor.10
(2) (b) If human remains are refrigerated or embalmed under11
subsection (2)(a) of this section, the body must be interred within, frozen12
within, or cremated within thirty SIXTY days after death or the process of13
natural reduction must begin within thirty SIXTY days after death; except14
that the DIRECTOR OR A coroner WHO DOES NOT HAVE AN INTEREST IN THE15
BUSINESS OF THE FUNERAL ESTABLISHMENT may authorize otherwise in16
writing. The DIRECTOR OR coroner shall not permit an exception to this17
subsection (2)(b) unless the applicant SEEKING THE EXCEPTION can18
demonstrate a legitimate delay caused by unforeseen, uncontrollable19
circumstances or by a criminal investigation.20
(4) If a funeral director, mortuary science practitioner, or21
embalmer, CREMATIONIST, NATURAL REDUCTIONIST , OR FUNERAL22
ESTABLISHMENT has acted in good faith, the funeral director, mortuary23
science practitioner, or embalmer, CREMATIONIST , NATURAL24
REDUCTIONIST, OR FUNERAL ESTABLISHMENT may rely on a signed25
statement from a person with the right of final disposition under section26
15-19-106 that:27
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(5) (a) (I) A funeral establishment, funeral director,1
CREMATIONIST, NATURAL REDUCTIONIST, EMBALMER, or mortuary science2
practitioner may dispose of cremated or naturally reduced remains AT THE3
DISCRETION OF THE FUNERAL ESTABLISHMENT , FUNERAL DIRECTOR ,4
CREMATIONIST, NATURAL REDUCTIONIST , EMBALMER , OR MORTUARY5
SCIENCE PRACTITIONER AND at the expense of the person with the right of6
final disposition one hundred eighty days after cremation or natural7
reduction if the person was given clear prior notice of this subsection8
(5)(a) and a reasonable opportunity to collect the remains, the exact9
location of the final disposition and the costs associated with the final10
disposition are recorded, and the recovery of the remains is possible.11
Recovery of costs is limited to a reasonable amount of the costs actually12
expended by the funeral establishment, funeral director, or mortuary13
science practitioner. YEAR AFTER CREMATION IF:14
(A) T HE PERSON WAS GIVEN CLEAR PRIOR NOTICE OF THIS15
SUBSECTION (5)(a)(I);16
(B) N OTICE OF THIS SUBSECTION (5)(a)(I) IS INCLUDED IN THE17
AUTHORIZATION TO CREMATE THE HUMAN REMAINS;18
(C) T HE PERSON WAS GIVEN A REASONABLE OPPORTUNITY TO19
COLLECT THE CREMAINS;20
(D) T HE FUNERAL ESTABLISHMENT , FUNERAL DIRECTOR ,21
CREMATIONIST, NATURAL REDUCTIONIST , EMBALMER , OR MORTUARY22
SCIENCE PRACTITIONER HAS M ADE A REASONABLE AND DOCUMENTED23
EFFORT TO CONTACT THE PERSON; AND24
(E) T HE EXACT LOCATION OF THE FINAL DISPOSITION AND THE25
COSTS ASSOCIATED WITH THE FINAL DISPOSITION ARE RECORDED.26
(II) A funeral establishment, funeral director, or mortuary science27
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practitioner may comply with this subsection (5)(a) by transferring the1
cremated or naturally reduced remains and the records showing the2
funeral establishment and the deceased's name, date of birth, and next of3
kin for final disposition to a facility or place normally used for final4
disposition if the new custodian can comply with this subsection (5)(a)5
RECOVERY OF COSTS PURSUANT TO SUBSECTIONS (5)(a)(I) AND (5)(a)(III)6
OF THIS SECTION IS LIMITED TO A REASONABLE AMOUNT OF THE COSTS7
ACTUALLY EXPENDED BY THE FUNERAL ESTABLISHMENT , FUNERAL8
DIRECTOR, CREMATIONIST , NATURAL REDUCTIONIST , EMBALMER , OR9
MORTUARY SCIENCE PRACTITIONER.10
(III) If cremated remains are not claimed by the person with the11
right of final disposition within three years after cremation, a funeral12
establishment, funeral director, or mortuary science practitioner may13
dispose of the remains in an unrecoverable manner by placing the remains14
in an ossuary or by scattering the remains in a dedicated cemetery,15
scattering garden, or consecrated ground used exclusively for these16
purposes. A FUNERAL ESTABLISHMENT , FUNERAL DIRECTOR ,17
CREMATIONIST, NATURAL REDUCTIONIST , EMBALMER , OR MORTUARY18
SCIENCE PRACTITIONER MAY DISPOSE OF NATURALLY REDUCED REMAINS19
AT THE DISCRETION OF THE FUNERAL ESTABLISHMENT , FUNERAL20
DIRECTOR, CREMATIONIST , NATURAL REDUCTIONIST , EMBALMER , OR21
MORTUARY SCIENCE PRACTITIONER AND AT THE EXPENSE OF THE PERSON22
WITH THE RIGHT OF FINAL DISPOSITION ONE HUNDRED EIGHTY DAYS AFTER23
NATURAL REDUCTION IF:24
(A) T HE PERSON WAS GIVEN CLEAR PRIOR NOTICE OF THIS25
SUBSECTION (5)(a)(III);26
(B) THE NATURALLY REDUCED REMAINS ARE RETURNED TO THE27
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EARTH IN A RESPECTFUL MANNER;1
(C) T HE PERSON WAS GIVEN A REASONABLE OPPORTUNITY TO2
COLLECT THE NATURALLY REDUCED REMAINS;3
(D) T HE FUNERAL ESTABLISHMENT , FUNERAL DIRECTOR ,4
CREMATIONIST, NATURAL REDUCTIONIST , EMBALMER , OR MORTUARY5
SCIENCE PRACTITIONER HAS MADE A REASONABLE AND DOCUMENTED6
EFFORT TO CONTACT THE PERSON; AND7
(E) T HE EXACT LOCATION OF THE FINAL DISPOSITION AND THE8
COSTS ASSOCIATED WITH THE FINAL DISPOSITION ARE RECORDED.9
(IV) The custodian is not liable for the loss or destruction of10
records required to be kept by PURSUANT TO this subsection (5)(a) if the11
loss or destruction was not caused by the custodian's negligence OR12
WILLFUL CONDUCT.13
(V) If naturally reduced remains are not claimed by the person14
with the right of final disposition within one hundred eighty days after15
natural reduction, a funeral establishment, funeral director, or mortuary16
science practitioner may dispose of the remains in an unrecoverable17
manner by returning the remains to the earth in a respectful manner.18
(b) If the person was cremated prior to July 1, 2003, and the19
FUNERAL ESTABLISHMENT , funeral director, CREMATIONIST, NATURAL20
REDUCTIONIST, EMBALMER, or mortuary science practitioner reasonably21
attempts to notify the person with the right of final disposition of the22
provisions of this subsection (5), the cremated remains may be disposed23
of in accordance with this subsection (5) notwithstanding a failure to24
provide the notice of the provisions of this subsection (5) to the person25
with the right of final disposition prior to disposing of the remains.26
SECTION 6. In Colorado Revised Statutes, 12-135-110, amend27
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(1), (2)(a) introductory portion, (2)(a)(III), (2)(a)(IV) introductory1
portion, (2)(a)(IV)(C), (2)(a)(IV)(E), (2)(b), and (3); and add (2)(a)(V)2
and (3.5) as follows:3
12-135-110. Registration required.4
(1) Unless practicing at a registered funeral establishment OR5
AFFILIATE LOCATION pursuant to this section, a person shall not practice6
as, or offer the services of, a mortuary science practitioner, funeral7
director, or embalmer, CREMATIONIST, OR NATURAL REDUCTIONIST, nor8
shall the funeral establishment OR AFFILIATE LOCATION sell or offer to sell9
funeral goods and services to the public.10
(2) (a) Each funeral establishment shall register with the director11
using forms as determined by the director. The registration shall MUST12
include the following:13
(III) The date the funeral establishment began doing business; and14
(IV) A list of each of the following services provided at each15
funeral establishment location WHETHER THE FUNERAL ESTABLISHMENT16
PROVIDES THE FOLLOWING SERVICES:17
(C) Transporting human remains to or from the funeral18
establishment or the place of final disposition C REMATING HUMAN19
REMAINS;20
(E) Selling preneed contracts; AND21
(V) THE SPECIFIC LOCATION AND A LIST OF SERVICES OFFERED AT22
EACH AFFILIATE LOCATION UNDER COMMON OWNERSHIP WITH THE23
FUNERAL ESTABLISHMENT.24
(b) Each funeral establishment registration shall be renewed,25
according to a schedule established by the director in accordance with26
section 12-20-202 (1), in a form as determined by the director. At the time27
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of renewal, each funeral establishment shall attest to whether the funeral1
establishment sells preneed contracts. The director shall enter into a2
memorandum of understanding with the commissioner of insurance to3
share information regarding funeral establishments that sell preneed4
contracts.5
(3) Each funeral establishment shall appoint an individual as the6
designee of the funeral establishment. A designee must:7
(a) Be at least eighteen years of age OLD;8
(b) Have at least two years' experience working for a funeral9
establishment;10
(c) Be employed by the registered funeral establishment that the11
designee represents;12
(d) (b) Have the authority within the funeral establishment's13
organization to require that personnel comply with this article 135; AND14
(e) Not be designated for more than one funeral establishment;15
and16
(f) (I) (c) On or after January 1, 2027, be licensed as:17
(I) A funeral director pursuant to section SECTIONS 12-135-50118
and part 6 of this article 135 12-135-602; or19
(II) On or after January 1, 2027, be licensed as A mortuary science20
practitioner pursuant to section SECTIONS 12-135-501 and part 7 of this21
article 135 12-135-702.22
(3.5) A DESIGNEE APPOINTED FOR A REGISTERED FUNERAL23
ESTABLISHMENT MAY ALSO BE APPOINTED AS THE DESIGNEE FOR AN24
AFFILIATE LOCATION FUNERAL ESTABLISHMENT THAT IS UNDER COMMON25
OWNERSHIP WITH THE REGISTERED FUNERAL ESTABLISHMENT.26
SECTION 7. In Colorado Revised Statutes, 12-135-112, amend27
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(2)(b), (3), and (4) as follows:1
12-135-112. Standards of practice - embalming - transporting.2
(2) A funeral establishment that transports human remains shall:3
(b) Transport human remains in a safe and sanitary manner THAT:4
(I) IS CUSTOMARY WITHIN THE PROFESSION;5
(II) IS SAFE, SANITARY, AND DIGNIFIED; AND6
(III) DOES NOT INVOLVE STACKING HUMAN REMAINS.7
(3) A funeral establishment shall remove any implanted device in8
human remains before transporting the body to a crematory OR9
COMMENCING CREMATION.10
(4) (a) A funeral establishment shall maintain a sanitary11
preparation room with:12
(I) Sanitary flooring;13
(II) Drainage;14
(III) Ventilation; and15
(IV) ACCESS TO refrigeration SUFFICIENT TO ACCOMMODATE THE16
NEEDS OF THE FUNERAL ESTABLISHMENT; and17
(V) Other equipment necessary to maintain sanitary conditions.18
SECTION 8. In Colorado Revised Statutes, 12-135-113, amend19
(2)(c) and (4) as follows:20
12-135-113. Custody and responsibility - rules.21
(2) A funeral establishment is responsible for identifying and22
tracking human remains from the time it takes custody of human remains23
until the:24
(c) Remains are released to another funeral establishment,25
crematory, repository, or entity as authorized by the person who has the26
right of final disposition.27
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(4) A funeral establishment shall not take custody of more1
UNEMBALMED human remains than the funeral establishment has capacity2
to refrigerate unless the funeral establishment maintains custody of the3
UNEMBALMED human remains for less than twenty-four hours.4
SECTION 9. In Colorado Revised Statutes, 12-135-114, amend5
(1) as follows:6
12-135-114. Insurance requirements.7
(1) A funeral establishment shall obtain and maintain a8
professional liability insurance policy with liability limits of at least one9
million dollars. The funeral establishment must submit the certificate of10
professional liability insurance to the director:11
(a) Within thirty days after the initial registration of the funeral12
establishment by the director; and13
(b) Upon request by the director; AND14
(c) O N AND AFTER THE EFFECTIVE DATE OF THIS SUBSECTION15
(1)(c), BY ATTESTATION WHEN RENEWING THE REGISTRATION OF THE16
FUNERAL ESTABLISHMENT PURSUANT TO SECTION 12-135-110.17
SECTION 10. In Colorado Revised Statutes, add 12-135-115 as18
follows:19
12-135-115. Funeral service or final disposition - death20
certificate.21
(1) UNLESS IT IS KNOWN THAT THE DECEASED INDIVIDUAL DIED OF22
AN INFECTIOUS DISEASE:23
(a) THE FAMILY, A FRIEND , OR A FRIEND OF THE FAMILY OF THE24
DECEASED INDIVIDUAL MAY CONDUCT A FUNERAL SERVICE FOR THE25
DECEASED INDIVIDUAL; OR26
(b) A RELIGIOUS GROUP OR SECT MAY CONDUCT A FUNERAL27
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SERVICE FOR AND FINAL DISPOSITION OF THE DECEASED INDIVIDUAL1
WITHOUT THE PARTICIPATION OF A FUNERAL DIRECTOR OR MORTUARY2
SCIENCE PRACTITIONER IF THE GROUP 'S OR SECT 'S RELIGIOUS BELIEFS3
REQUIRE THE SERVICE OR BURIAL WITHOUT THE PARTICIPATION OF A4
FUNERAL DIRECTOR OR MORTUARY SCIENCE PRACTITIONER.5
(2) A FUNERAL DIRECTOR OR MORTUARY SCIENCE PRACTITIONER6
WHO IS REQUIRED TO INITIATE, COMPLETE , RESPOND TO , O R F I L E A7
CERTIFICATE OF DEATH SHALL PROVIDE THEIR LICENSE NUMBER PURSUANT8
TO SECTION 25-2-110 (1)(b)(III)(B).9
SECTION 11. In Colorado Revised Statutes, amend 12-135-20110
as follows:11
12-135-201. Funeral establishments in cemeteries not exempt.12
No person, firm, association, partnership, or corporation engaged13
in the ownership, operation, or management of a cemetery or mausoleum14
in this state that is exempt from payment of general property taxes, shall,15
either directly or indirectly, own, manage, conduct, or operate a funeral16
home or mortuary FUNERAL ESTABLISHMENT in the cemetery or17
mausoleum, or adjacent thereto TO THE CEMETERY OR MAUSOLEUM and18
in connection therewith, unless the cemetery or mausoleum and funeral19
home or mortuary FUNERAL ESTABLISHMENT is listed for assessment20
purposes. The attorney general, county attorney, or any interested party21
may maintain injunction proceedings to prevent any violation of this22
section.23
SECTION 12. In Colorado Revised Statutes, repeal 12-135-301,24
12-135-302, 12-135-303, and 12-135-308.25
SECTION 13. In Colorado Revised Statutes, 12-135-307, amend26
(2)(a)(III) as follows:27
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12-135-307. Standards of practice - cremating.1
(2) (a) A crematory shall not cremate human remains unless the2
crematory has obtained a statement containing the following from a3
funeral establishment, funeral director, mortuary science practitioner, or4
the person with the right of final disposition:5
(III) Authorization to cremate the human remains THAT INCLUDES6
A PROVISION EXPLAINING THE RIGHTS OF THE FUNERAL ESTABLISHMENT,7
FUNERAL DIRECTOR, CREMATIONIST, NATURAL REDUCTIONIST, EMBALMER,8
OR MORTUARY SCIENCE PRACTITIONER PURSUANT TO SECTION 12-135-1099
(5)(a)(I);10
SECTION 14. In Colorado Revised Statutes, 12-135-401, amend11
(1) introductory portion, (2), (3)(a), (3)(b), (4), (6), and (7); and add (1.1)12
and (8) as follows:13
12-135-401. Powers and duties of the director - rules.14
(1) In connection with a license issued pursuant to part 5 of this15
article 135 or a registration issued pursuant to section 12-135-110, or16
12-135-303, the director may deny, suspend, refuse to renew, or revoke17
a license or registration pursuant to section 12-20-404 (1)(d); issue and18
send, by electronic mail that is actually received, a letter of admonition to19
the licensee or registrant under the circumstances specified in and in20
accordance with section 12-20-404 (4); issue a confidential letter of21
concern to the licensee or registrant under the circumstance specified in22
section 12-20-404 (5); place the licensee or registrant on probation23
pursuant to section 12-20-404 (1)(b); or limit the scope of practice of the24
registration or license under this article 135 if the licensee or registrant25
has:26
(1.1) IF A PERSON LICENSED OR REGISTERED PURSUANT TO THIS27
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ARTICLE 135 IS FOUND BY THE DIRECTOR TO HAVE VIOLATED A PROVISION1
OF THIS ARTICLE 135 OR A RULE ADOPTED BY THE DIRECTOR IN A MANNER2
THAT THE DIRECTOR DETERMINES IS TECHNICAL IN NATURE OR OTHERWISE3
MINOR AND INCONSEQUENTIAL , THE DIRECTOR MAY ISSUE TO THE4
LICENSEE OR REGISTRANT AN INFORMAL WARNING THAT DOES NOT RESULT5
IN ANY OTHER ACTION TAKEN BY THE DIRECTOR FOR THAT VIOLATION.6
(2) In connection with a license issued pursuant to part 5 of this7
article 135 or a registration issued pursuant to section 12-135-110, or8
12-135-303, the director may deny or revoke a registration or license if9
the licensee, the registrant, or the designee of a registrant has a10
disqualifying criminal history as described in section 12-135-503. The11
director shall promptly notify the licensee or registrant of the revocation.12
(3) (a) (I) The director may investigate the activities of a licensee13
licensed pursuant to part 5 of this article 135, or a registrant registered14
pursuant to section 12-135-110, or 12-135-303, upon the director's own15
initiative or upon receipt of a complaint or a suspected or alleged16
violation of this article 135.17
(II) The director shall perform routine inspections of all funeral18
establishments and crematories on a periodic basis, AND AT LEAST19
ANNUALLY, as determined by rule. The director may contract with a20
private party to perform these inspections.21
(III) To perform an inspection, the director or a private party with22
whom the director contracts to perform the inspection may enter the23
premises of a funeral establishment or crematory with full right of ingress24
and egress:25
(A) While the funeral establishment or crematory is registered;26
(B) For a period of time, as determined by rule, after a funeral27
1258-17-
establishment's or crematory's registration has expired, has been revoked,1
or has been surrendered; and2
(C) Upon application for a new registration.3
(IV) The director shall promulgate ADOPT rules determining the4
period of time after a registration is no longer valid during which time the5
director or a private party with whom the director contracts may perform6
inspections to ensure that the funeral establishment or crematory7
continues to comply with this article 135 and winds down the business8
without creating an undue risk to the public health.9
(b) Each funeral establishment registered under section10
12-135-110 or crematory registered under section 12-135-303 is deemed11
to have consented to any inspection authorized in this subsection (3) as12
a condition of the registration.13
(4) The director shall keep records of registrations, licenses, and14
disciplinary proceedings. If conducted pursuant to this section:15
(a) Investigations, examinations, hearings, meetings, or16
proceedings are exempt from part 4 of article 6 of title 24; and17
(b) Minutes or Records concerning licensing action taken are18
exempt from part 2 of article 72 of title 24; AND19
(c) REPORTS OF ANNUAL INSPECTIONS, EXCLUDING PHOTOGRAPHS20
AND AUDIO AND VIDEO RECORDINGS AND ANY INFORMATION THAT WOULD21
PERSONALLY IDENTIFY A DECEASED INDIVIDUAL, ARE SUBJECT TO PART 222
OF ARTICLE 72 OF TITLE 24.23
(6) (a) The director may promulgate ADOPT reasonable rules24
necessary to implement this article 135.25
(b) In promulgating ADOPTING rules under this article 135, the26
director is subject to article 4 of title 24.27
1258-18-
(c) (Deleted by amendment, L. 2024.)1
(7) The director may impose discipline, pursuant to this section,2
on an applicant for registration under this article 135 OR a funeral3
establishment registered pursuant to section 12-135-110 or a crematory4
registered pursuant to section 12-135-303 for the acts of a person that:5
(a) Is acting on behalf of the applicant OR registered funeral6
establishment; or registered crematory; and7
(b) Is an officer, a director, a member, a partner, or an owner of8
the applicant OR registered funeral establishment or registered crematory9
if:10
(I) The person holds at least a ten percent interest in the applicant11
OR registered funeral establishment or registered crematory that is12
publicly traded; or13
(II) The person holds an interest in the applicant OR registered14
funeral establishment or registered crematory that is not publicly traded.15
(8) T HE DIRECTOR SHALL ENTER INTO A MEMORANDUM OF16
UNDERSTANDING WITH THE COMMISSIONER OF INSURANCE TO SHARE17
INFORMATION REGARDING FUNERAL ESTABLISHMENTS THAT SELL PRENEED18
CONTRACTS PURSUANT TO SECTION 12-135-110 (2)(a)(IV)(E).19
SECTION 15. In Colorado Revised Statutes, 12-135-404, amend20
(2) as follows:21
12-135-404. Civil penalty - fines.22
(2) In addition to any other penalty that may be imposed pursuant23
to this section, a funeral establishment or crematory violating part 1 or 324
of this article 135 or a rule promulgated ADOPTED pursuant to part 1 or 325
of this article 135 may be fined no less than one hundred dollars and no26
more than five thousand dollars for each violation proven by the director.27
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SECTION 16. In Colorado Revised Statutes, add 12-135-405.51
as follows:2
12-135-405.5. Licensure by endorsement.3
THE DIRECTOR SHALL ISSUE A LICENSE BY ENDORSEMENT TO4
ENGAGE IN THE PRACTICE OF BEING A LICENSED FUNERAL DIRECTOR ,5
CREMATIONIST, MORTUARY SCIENCE PRACTITIONER , EMBALMER , OR6
NATURAL REDUCTIONIST IN THIS STATE TO AN APPLICANT WHO SATISFIES7
THE REQUIREMENTS OF THE OCCUPATIONAL CREDENTIAL PORTABILITY8
PROGRAM AS SET FORTH IN SECTION 12-20-202 (3).9
SECTION 17. In Colorado Revised Statutes, amend 12-135-40610
as follows:11
12-135-406. Repeal - subject to review.12
Sections SECTION 12-135-110 and 12-135-303 and this part 4 are13
repealed, effective September 1, 2029 2031. Before the repeal, the14
regulation of persons registered to practice cremation and mortuary15
science is scheduled for review in accordance with section 24-34-104.16
SECTION 18. In Colorado Revised Statutes, 12-135-501, amend17
(2), (3)(a)(I), and (3)(a)(III)(C); and add (3)(a)(III)(D), (7), and (8) as18
follows:19
12-135-501. Licenses required - funeral director, mortuary20
science practitioner, embalmer, cremationist, and natural21
reductionist - associate license - provisional license - rules - repeal.22
(2) The director may promulgate ADOPT rules to establish23
application procedures and forms for issuing and renewing a license.24
(3) (a) To be licensed under this section, an individual must:25
(I) Submit to the director an application in the form and manner26
specified by THE DIRECTOR and an application fee in an amount27
1258-20-
determined by the director under section 12-20-105;1
(III) Demonstrate to the director that:2
(C) The applicant qualifies for a license issued in accordance with3
subsection (5) of this section; and OR4
(D) T HE APPLICANT QUALIFIES FOR A LICENSE ISSUED IN5
ACCORDANCE WITH SUBSECTION (7) OF THIS SECTION; AND6
(7) (a) O N AND AFTER JANUARY 1, 2027, AN INDIVIDUAL MAY7
APPLY FOR AN ASSOCIATE LICENSE TO OBTAIN THE NECESSARY PRACTICE8
EXPERIENCE TO MEET THE REQUIREMENTS SET FORTH IN SECTION9
12-135-603, 12-135-703, 12-135-803, OR 12-135-903.10
(b) I N ADDITION TO SATISFYING THE REQUIREMENTS OF11
SUBSECTION (3) OF THIS SECTION , TO BE QUALIFIED TO OBTAIN AN12
ASSOCIATE LICENSE, AN APPLICANT MUST:13
(I) I F SEEKING LICENSURE PURSUANT TO SECTION 12-135-603,14
12-135-703, OR 12-135-803, DEMONSTRATE THAT THEY ARE ACTIVELY15
ENROLLED IN, OR HAVE GRADUATED FROM , AN ACCREDITED MORTUARY16
SCIENCE SCHOOL; OR17
(II) IF SEEKING LICENSURE PURSUANT TO SECTION 12-135-903:18
(A) H AVE REGISTERED FOR OR COMPLETED OFFICIAL19
CERTIFICATION AS A CREMATORY OPERATOR FROM THE CREMATION20
ASSOCIATION OF NORTH AMERICA, THE INTERNATIONAL CEMETERY,21
CREMATION AND FUNERAL ASSOCIATION, THE NATIONAL FUNERAL22
DIRECTORS ASSOCIATION, OR A SUCCESSOR ORGANIZATION THAT IS23
APPROVED BY THE DIRECTOR; OR24
(B) H AVE REGISTERED FOR OR COMPLETED OFFICIAL25
CERTIFICATION AS A NATURAL REDUCTIONIST FROM THE CREMATION26
ASSOCIATION OF NORTH AMERICA, THE INTERNATIONAL CEMETERY,27
1258-21-
CREMATION AND FUNERAL ASSOCIATION, THE NATIONAL FUNERAL1
DIRECTORS ASSOCIATION, OR A SUCCESSOR ORGANIZATION THAT IS2
APPROVED BY THE DIRECTOR.3
(c) (I) A N ASSOCIATE LICENSE ISSUED PURSUANT TO THIS4
SUBSECTION (7) EXPIRES THREE YEARS AFTER THE DATE IT WAS ISSUED.5
(II) A N ASSOCIATE LICENSE MUST NOT BE EXTENDED OR6
REINSTATED WITHOUT APPROVAL BY THE DIRECTOR.7
(8) AN INDIVIDUAL WITH AN ASSOCIATE LICENSE MAY PERFORM8
ANY FUNCTION A LICENSEE IS AUTHORIZED TO PERFORM AS LONG AS SUCH9
FUNCTION IS PERFORMED UNDER THE SUPERVISION OF A LICENSEE, WHICH10
SUPERVISION THE DIRECTOR SHALL DEFINE BY RULE.11
SECTION 19. In Colorado Revised Statutes, 12-135-503, amend12
(1)(b) as follows:13
12-135-503. Criminal history - rules.14
(1) Subject to section 24-5-101, a licensee or an applicant for a15
license under this part 5 has a disqualifying criminal history if the16
licensee or applicant has been convi cted of, plead guilty to, plead nolo17
contendere to, or received a deferred sentence for:18
(b) A felony committed in the course of and related to being an19
employee of or being an agent of a funeral establishment registered in20
accordance with section 12-135-110; or of a crematory registered in21
accordance with section 12-135-303;22
SECTION 20. In Colorado Revised Statutes, 12-135-508, amend23
(1)(o) as follows:24
12-135-508. Grounds for discipline.25
(1) The director may take disciplinary action in accordance with26
sections 12-20-404, 12-135-401, and 12-135-507 against an applicant or27
1258-22-
licensee who has:1
(o) Authorized an officer of or employee of a licensee, of a2
registrant under section 12-135-110, or 12-135-303, or of another person3
having a professional relationship with the decedent to approve or cause4
the final disposition of human remains in violation of this article 135;5
SECTION 21. In Colorado Revised Statutes, 12-135-601, amend6
(4)(d)(III) as follows:7
12-135-601. Practice of a funeral director described -8
definition.9
(4) (d) A licensee shall not delegate the following tasks:10
(III) Oversight of a funeral home or crematory FUNERAL11
ESTABLISHMENT'S operations related to the final disposition of human12
remains.13
SECTION 22. In Colorado Revised Statutes, 12-135-701, amend14
(2)(d)(III) as follows:15
12-135-701. Practice of a mortuary science practitioner16
described - rules.17
(2) (d) A licensee shall not delegate the following tasks:18
(III) Oversight of a funeral home or crematory FUNERAL19
ESTABLISHMENT'S operations related to the final disposition of human20
remains.21
SECTION 23. In Colorado Revised Statutes, 12-20-202, repeal22
(3)(e)(IV) as follows:23
12-20-202. Licenses, certifications, and registrations - renewal24
- reinstatement - fees - occupational credential portability program25
- exceptions for military personnel, spouses, gold star military26
spouses, and dependents - rules - consideration of criminal27
1258-23-
convictions or driver's history - executive director authority -1
definitions.2
(3) Occupational credential portability program - definitions.3
(e) Subsections (3)(a) to (3)(d) of this section do not apply to the4
following professions or occupations:5
(IV) Mortuaries and crematories, regulated pursuant to article 1356
of this title 12;7
SECTION 24. In Colorado Revised Statutes, 12-20-402, amend8
(2) as follows:9
12-20-402. Immunity.10
(2) Any A person participating in good faith in lodging or making11
a complaint or report or participating in any investigative or12
administrative proceeding pursuant to a part or article of this title 1213
governing a particular profession or occupation is immune from any civil14
or criminal liability that may result from that participation; except that a15
person participating as described in this subsection (2) under article 13516
of this title 12 concerning mortuaries FUNERAL ESTABLISHMENTS and17
crematories is immune from only civil liability.18
SECTION 25. In Colorado Revised Statutes, 12-20-407, amend19
(2)(a) as follows:20
12-20-407. Unauthorized practice of profession or occupation21
- penalties - exclusions.22
(2) The penalties for:23
(a) Engaging in unauthorized activities regarding mortuaries24
FUNERAL ESTABLISHMENTS and crematories are governed by section25
12-135-108;26
SECTION 26. In Colorado Revised Statutes, 12-20-408, amend27
1258-24-
(2)(c) as follows:1
12-20-408. Judicial review.2
(2) A district court of competent jurisdiction has initial3
jurisdiction to review all final actions and orders of a regulator that are4
subject to judicial review and shall conduct the judicial review5
proceedings in accordance with section 24-4-106 (3) for the following:6
(c) Article 135 of this title 12 concerning mortuaries FUNERAL7
ESTABLISHMENTS and crematories; and8
SECTION 27. In Colorado Revised Statutes, 12-140-102, amend9
(3)(b)(II); and repeal (3)(b)(III) as follows:10
12-140-102. Definitions.11
As used in this article 140, unless the context otherwise requires:12
(3) (b) "Nontransplant tissue bank" does not include:13
(II) A funeral establishment registered in accordance with section14
12-135-110; OR15
(III) A crematory registered in accordance with section16
12-135-303; or17
SECTION 28. In Colorado Revised Statutes, 12-140-103, amend18
(4) as follows:19
12-140-103. Registration required - subject to review - repeal.20
(4) This section is repealed, effective September 1, 2033 2031.21
Before the repeal, this section is scheduled for review in accordance with22
section 24-34-104.23
SECTION 29. In Colorado Revised Statutes, 12-140-107, amend24
(1)(c); and add (1)(e) as follows:25
12-140-107. Discipline.26
(1) The director may take disciplinary or other action as27
1258-25-
authorized in section 12-20-404 if the nontransplant tissue bank or1
applicant:2
(c) Violates federal law, Colorado law, or an ordinance or3
resolution of a political subdivision of Colorado in the operation of the4
nontransplant tissue bank; or5
(e) IS A PERSON THAT OWNS AN INTEREST IN A NONTRANSPLANT6
TISSUE BANK AND ALSO OWNS AN INTEREST IN A FUNERAL ESTABLISHMENT7
AS DEFINED IN SECTION 12-135-103 (16).8
SECTION 30. In Colorado Revised Statutes, amend 18-13-1019
as follows:10
18-13-101. Abuse of a corpse - penalty.11
(1) A person commits abuse of a corpse if, without statutory or12
court-ordered authority, the person:13
(a) Removes the body or remains of any person from a grave or14
other place of sepulcher without the consent of the person who has the15
right to dispose of the remains pursuant to section 15-19-106; or16
(b) Treats the body or remains of any person in a way that would17
outrage normal family sensibilities, INCLUDING BY:18
(I) DISMEMBERING OR MUTILATING A BODY;19
(II) HIDING OR CONCEALING A BODY;20
(III) IMPROPERLY ALLOWING A BODY TO DECOMPOSE;21
(IV) IMPROPERLY DISPOSING OF A BODY, INCLUDING BY THROWING22
THE BODY IN THE TRASH, BURNING THE BODY, OR ABANDONING THE BODY23
ON PUBLIC OR PRIVATE PROPERTY;24
(V) REMOVING AN ORGAN FROM A BODY WITHOUT PERMISSION,25
EXCEPT AS PERMITTED BY INDUSTRY STANDARDS PURSUANT TO ARTICLE26
135 OF TITLE 12;27
1258-26-
(VI) SELLING A BODY OR HUMAN REMAINS; OR1
(VII) T RANSPORTING OR STORING A BODY IN A DEGRADING2
MANNER, WHICH MAY INCLUDE THE PILING OR STACKING OF HUMAN3
BODIES:4
(A) I N A MANNER THAT DOES NOT ALIGN WITH RECOGNIZED5
INDUSTRY STANDARDS AND METHODS ACCEPTED BY INDIVI DUALS6
LICENSED PURSUANT TO ARTICLE 135 OF TITLE 12; OR7
(B) WITHOUT STORING THE BODIES IN PROPER CONTAINERS. 8
(2) Abuse of a corpse is a class 6 5 felony.9
(3) (a) A defendant may not be convicted of both abuse of a10
corpse, as described in subsection (1) of this section, and tampering with11
a deceased human body, as described in section 18-8-610.5 (1), if the act12
arises out of a single incident.13
(b) If a defendant is charged with both abuse of a corpse, as14
described in subsection (1) of this section, and tampering with a deceased15
human body, as described in section 18-8-610.5 (1), the court shall16
proceed pursuant to section 18-1-408.17
SECTION 31. In Colorado Revised Statutes, 24-34-104, repeal18
(30)(a)(X) and (34)(a)(IX); and add (32)(a)(XVI) and (32)(a)(XVII) as19
follows:20
24-34-104. General assembly review of regulatory agencies21
and functions for repeal, continuation, or reestablishment - legislative22
declaration - repeal.23
(30) (a) The following agencies, functions, or both, are scheduled24
for repeal on September 1, 2029:25
(X) The functions of the director of the division of professions26
and occupations related to the registration of funeral establishments27
1258-27-
specified in section 12-135-110 and crematories specified in section1
12-135-303 and to the title protections specified in sections 12-135-1112
and 12-135-304.3
(32) (a) The following agencies, functions, or both, are scheduled4
for repeal on September 1, 2031:5
(XVI) T HE FUNCTIONS OF THE DIRECTOR OF THE DIVISION OF6
PROFESSIONS AND OCCUPATIONS RELATED TO THE REGISTRATION OF7
FUNERAL ESTABLISHMENTS SPECIFIED IN SECTION 12-135-110 AND TO THE8
TITLE PROTECTIONS SPECIFIED IN SECTIONS 12-135-111 AND 12-135-304;9
(XVII) THE REGULATION OF NONTRANSPLANT TISSUE BANKS BY10
THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE11
DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO SECTION12
12-140-103.13
(34) (a) The following agencies, functions, or both, are scheduled14
for repeal on September 1, 2033:15
(IX) The regulation of nontransplant tissue banks by the director16
of the division of professions and occupations in the department of17
regulatory agencies pursuant to section 12-140-103;18
SECTION 32. In Colorado Revised Statutes, 25-2-110, amend19
(1)(b)(III) as follows:20
25-2-110. Certificates of death - electronic death registration21
system - amended certificate of death following a change in gender -22
rules - definitions.23
(1) (b) (III) (A) Except as otherwise provided in subsection (4.5)24
of this section, any individual, other than a family member of the25
decedent or other individual assisting in a nonprofessional capacity for26
the decedent, who is required to initiate, complete, respond to, or file a27
1258-28-
certificate of death pursuant to this section must use the electronic death1
registration system used by the state registrar.2
(B) A LICENSED INDIVIDUAL WHO IS REQUIRED TO INITIATE ,3
COMPLETE, RESPOND TO, OR FILE A CERTIFICATE OF DEATH PURSUANT TO4
THIS SECTION SHALL PROVIDE THE INDIVIDUAL'S LICENSE NUMBER.5
SECTION 33. Act subject to petition - effective date -6
applicability. (1) This act takes effect at 12:01 a.m. on the day following7
the expiration of the ninety-day period after final adjournment of the8
general assembly (August 12, 2026, if adjournment sine die is on May 13,9
2026); except that, if a referendum petition is filed pursuant to section 110
(3) of article V of the state constitution against this act or an item, section,11
or part of this act within such period, then the act, item, section, or part12
will not take effect unless approved by the people at the general election13
to be held in November 2026 and, in such case, will take effect on the14
date of the official declaration of the vote thereon by the governor.15
(2) This act applies to offenses committed; license and registration16
applications filed; certificates of death initiated, completed, responded to,17
or filed; and contracts entered into or renewed on or after the applicable18
effective date of this act.19
1258-29-