Colorado Mortuary Science Code CRC 12-54-101 - - 109 11/20/03 Colorado Funeral Directors Association Page 1 of 4 [As posted on the worldwide web at: http://www.colorado.gov/government.htm go to Colorado Revised Codes, 12-54-101]

PART 1

MORTUARY SCIENCE CODE.

12-54-101. Short title. This part 1 shall be known and may be cited as the "Mortuary Science Code".

12-54-102. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Alternative container" means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of dead human bodies and is made of fiberboard, pressed wood, composition materials, or other similar materials.

(2) "Casket" means a rigid container that is designed for the encasement of dead human bodies and is ornamented and lined with fabric.

(3) "Cremated remains" or "cremains" means all human remains recovered after cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions.

(4) "Cremation" means the reduction of a dead human body to essential elements through direct exposure to intense heat, the processing of the remains, and the placement of the processed remains in a cremated remains container.

(5) "Crematory" means a building or structure containing one or more cremation chambers or retorts for the cremation of dead human bodies.

(6) "Division" means the division of registrations created in section 24-34-102, C.R.S.

(7) "Embalm" or "embalming" means the disinfection and temporary preservation of dead human bodies by chemically treating the body to reduce the presence and growth of organisms, to retard organic decomposition, or to attempt restoration of the physical appearance.

(8) "Embalmer" means any person who embalms a dead human body for compensation.

(9) "Final disposition" means the disposition of a dead human body by entombment, burial, cremation, or removal from the state.

(10) "Funeral", "funeral service", or "funeral ceremony" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is present.

(11) "Funeral director" means a person who, for compensation:
(a) Arranges, directs, or supervises funerals, memorial services, or graveside services; or
(b) Prepares dead human bodies for final disposition by means other than embalming.

(12) "Funeral establishment" means either or both of the following:
(a) An establishment that holds, cares for, or prepares a dead human body prior to final disposition, including, but not limited to, a crematory or embalming room; except that this paragraph
(a) does not apply to establishments in which individuals regularly die; or
(b) An establishment that provides funeral goods or services to the public.

(13) "Funeral goods" means goods that are sold or offered for sale directly to the public for use in connection with funeral or cremation services.

(14) "Funeral services" means any one or more of the following:
(a) Preparation of dead human bodies for final disposition;
(b) Arrangement, supervision, or conduct of the funeral ceremony or the final disposition of dead human bodies; or
(c) Transportation of dead human bodies to or from a funeral establishment.

(15) "Memorial service" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is not present.

(16) "Mortician" means a person who, for compensation:
(a) Embalms dead human bodies;
(b) Arranges, directs, or supervises funerals, memorial services, or graveside services; or
(c) Prepares dead human bodies for final disposition.

(17) "Next of kin" means a family member or members of the deceased who, under Colorado law, have legal authority over the disposition of a dead human body.

(18) "Preneed contract" means a preneed contract as defined in section 10-15-102

(13), C.R.S.

(19) "Preparation of the body" means embalming, washing, disinfecting, shaving, dressing, restoring, Colorado Mortuary Science Code CRC 12-54-101 - - 109 11/20/03 Colorado Funeral Directors Association Page 2 of 4 casketing, positioning, caring for the hair of, or applying cosmetics to, a dead human body.

(20) "Processing" means the removal of foreign objects from cremated remains and the reduction of such remains by mechanical means to granules appropriate for final disposition.

12-54-103. Funeral establishment.

(1) A funeral establishment shall have the appropriate equipment and personnel to adequately provide the funeral services it contracts to provide and shall provide written notice to the consumer specifying any subcontractors, agents, or other equipment and personnel providers for the funeral establishment. Such notice shall be given when the consumer inquires about the goods or services the funeral establishment provides and shall provide the names and addresses of such subcontractors, agents, or other providers; except that, if such inquiry is over the telephone, such written notice shall be provided before the customer selects goods or services.

(2) A funeral establishment shall retain all documents and records concerning the final disposition of a dead human body for at least seven years after such disposition.

12-54-104. Unlawful acts.

(1) It is unlawful:
(a) To disinfect or preserve or to make final disposition of a dead human body with knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the deceased until the permission of the coroner, deputy coroner, or district attorney, if there is no coroner, has been first obtained.
(b) To discriminate because of race, creed, color, or national origin in the provision of funeral services.
(c) For any public officer or employee, the official of any public institution, or any hospital, nursing home, physician, surgeon, funeral director, embalmer, mortician, or any other person having a professional relationship with the decedent to approve or cause the final disposition of a dead human body in violation of this article.
(d) For a person in the business of paying for or providing death benefits, funerals, funeral ceremonies, final dispositions, or preneed contracts to pay or provide benefits in a manner that deprives the next of kin or legal representative of the right to use those payments or benefits at a funeral establishment of his or her choice.
(e) For a funeral director, mortician, embalmer, or funeral establishment or such person's agent to engage in a business practice that interferes with the freedom of choice of the general public to choose a funeral director, mortician, embalmer, or funeral establishment.
(f) For a county coroner to violate section 30-10- 619, C.R.S.
(g) To transport or otherwise transfer by common carrier a dead human body unless: (I) A funeral director or embalmer has embalmed or hermetically sealed the body for transportation and complies with applicable common carrier law; or (II) The transport or transfer is to a funeral establishment, funeral director, or embalmer within the state of Colorado.
(h) For a funeral director, mortician, or embalmer to advertise as holding a degree or degree in mortuary science, certificate of registration, professional license, or professional certification issued by a state, political subdivision, or agency unless the person holds such degree, registration, license, or certification and it is current and valid at the time of advertisement. If a funeral director, mortician, or embalmer advertises as holding a credential granted by a governmental entity, such person shall identify the jurisdiction that granted such credential in such advertisement.
(i) For an embalmer, funeral director, or mortician to admit or permit any person to visit the embalming or preparation room during the time such body is being embalmed or prepared for final disposition, unless such person: (I) Is a funeral director or embalmer; (II) Is an authorized employee of a funeral establishment; (III) Has the written consent of the next of kin of such deceased person or of a person having legal authority to give such permission in the absence of any next of kin; (IV) Enters by order of a court of competent jurisdiction or a peace officer level I, Ia, II, III, or IIIa; (V) Is a student enrolled in a mortuary science program; (VI) Is a registered or licensed nurse; or (VII) Is a licensed physician or surgeon.
(j) To refuse to properly and promptly release a dead human body to the custody of the person who has the legal right to effect such release whether or not any costs have been paid. Colorado Mortuary Science Code CRC 12-54-101 - - 109 11/20/03 Colorado Funeral Directors Association Page 3 of 4
(k) To tell a person that a casket is required when the expressed wish is for immediate cremation.
(l) To embalm or cremate a dead human body without obtaining permission from the person with the right of final disposition unless otherwise required by section 12-54-105.
(m) To prohibit, hinder, or restrict or to attempt to prohibit, hinder, or restrict the following: (I) The offering or advertising of immediate cremation, advance funeral arrangements, or lowcost funerals; (II) Arrangements between memorial societies and funeral industry members; or (III) A funeral service industry member from disclosing accurate information concerning funeral merchandise and services.

(2) For purposes of this section only, "next of kin" shall not include any person who is arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18, C.R.S., involving the death of the deceased person. If charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body, this subsection

(2) shall not apply.

12-54-105. Embalming or refrigeration of bodies required. All dead human bodies kept more than twenty-four hours after death before final disposition shall be embalmed or shall be properly refrigerated.

12-54-106. Consumer protection.

(1) A funeral establishment whose services are purchased shall make every reasonable attempt to fulfill the expressed needs and desires of the person with the right of final disposition, and shall make a full disclosure of all its available services and merchandise to the arrangers prior to selection of the casket.

(2) Before a person selects the funeral, the funeral establishment shall provide a written itemized list of the prices of all available merchandise and individual services at that funeral establishment. Full disclosure shall also be made in the case of a memorial service and as to use of funeral merchandise and facilities. In no event shall such person be required to purchase services or products contained on the itemized list that are not desired for the funeral unless such services or goods are required by law.

(3) Any statements of legal or practical requirements shall be complete and accurate, including the conditions under which embalming is required or advisable. Representations as to the use or necessity of a casket or alternative container in connection with a funeral or alternatives for final disposition shall be truthful and shall disclose all pertinent information.

(4) When quoting funeral prices, either orally, by use of a disclosure statement, or by a final bill, the funeral establishment shall only list those items as cash advances or accommodation items that are paid for or could be paid for by the next of kin in the same amount that is paid by the funeral home.

12-54-107. Violations and penalties. Any person who violates the provisions of this part 1 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than twenty-four months or by both such fine and imprisonment.

12-54-108. Exceptions - safe harbor.

(1) This part 1 shall not apply to, or in any way interfere with, the duties of the following persons:
(a) An officer of a public institution;
(b) An officer of a medical college, county medical society, anatomical association, or college of embalming; or
(c) A person acting under the authority of part 2 of article 34 of this title.

(2)
(a) This part 1 shall not apply to, nor in any way interfere with, any custom or rite of any religious sect in the burial of its dead, and the members and followers of such religious sect may continue to care for, prepare, and bury the bodies of deceased members of such religious sect, free from any term or condition, or any provision of this part 1, and are not subject to this part 1, so long as the dead human body is refrigerated, frozen, embalmed, interred, or cremated within seven days after death.
(b) If a dead human body is refrigerated or embalmed pursuant to paragraph
(a) of this subsection

(2), the body shall be interred, frozen, or cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this paragraph
(b) unless the applicant can demonstrate a legitimate delay caused by unforseen uncontrollable circumstances or by a criminal investigation. Colorado Mortuary Science Code CRC 12-54-101 - - 109 11/20/03 Colorado Funeral Directors Association Page 4 of 4
(c) Notwithstanding the provisions of this subsection

(2), upon the receipt of evidence that the dead human body likely contained a serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection

(2).

(3) Any person who provides the sole service of selling or offering for sale caskets shall not be subject to the provisions of this article.

(4) If a funeral director or embalmer has acted in good faith, the funeral director or embalmer may rely on a signed statement from a person with the right of final disposition under section 12-34-302 that:
(a) The person knows of no document expressing the deceased's wishes for final disposition that qualifies to direct the final disposition under section 12-34-303;
(b) The person has made a reasonable effort, as defined in section 12-34-301

(6), to contact each person with the right of final disposition and to learn his or her wishes; and
(c) The person knows of no objections to the final disposition.

(5)
(a) A funeral director or embalmer may dispose of cremated remains at the expense of the person with the right of final disposition three hundred sixty-five days after cremation if the funeral director has given clear prior notice of this provision and has given such person a reasonable opportunity to collect the cremated remains, if the funeral director or embalmer records the exact location of the disposition and the costs associated with the disposition and the recovery of the cremated remains is possible. Recovery of costs shall be limited to a reasonable amount of the costs actually expended by the funeral director.
(b) If the person was cremated prior to July 1, 2003, and the funeral director reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection

(5), the funeral director may dispose of cremated remains in accordance with this subsection

(5) notwithstanding a failure to provide the notice of the provisions of this subsection

(5) to the person with the right of final disposition prior to disposing of the remains.

12-54-109. Effect of criminal charges. A person who has been arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18, C.R.S., involving the death of the deceased person shall not direct the final disposition of the deceased person or arrange the ceremonies for the deceased person. If charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body, this section shall not apply.

PART 2

ASSESSMENT OF MORTUARIES 12-54-201. Mortuaries in cemeteries not exempt.No person, firm, association, partnership, or corporation engaged in the ownership, operation, or management of a cemetery or mausoleum in this state which is exempt from payment of general property taxes, shall, either directly or indirectly, own, manage, conduct, or operate a funeral home or mortuary in such cemetery or mausoleum, or adjacent thereto and in connection therewith, unless said cemetery or mausoleum and funeral home or mortuary is listed for assessment purposes. The attorney general, county attorney, or any interested party may maintain injunction proceedings to prevent any violation of this section.

 

Above text includes all amendments made by House Bill 2003-1305, approved by the Colorado State Legislature, and effective July 31, 2003. Reproduction of more than 200 copies of this act without permission of Lexis Nexus is prohibited by copyright law and in accordance with an agreement with the State of Colorado. See the web site noted above for details.]

Colorado Disposition of Last Remains CRC 15-19-101 - - 108 11/20/03 Colorado Funeral Directors Association Page 1 of 4 [As posted on the worldwide web at: http://www.colorado.gov/government.htm go to Colorado Revised Codes, 15-19-101]

DISPOSITION OF LAST REMAINS

15-19-101. Short title. This article shall be known and may be cited as the "Disposition of Last Remains Act".

15-19-102. Legislative declaration - construction.

(1) The general assembly finds and declares that:
(a) A competent adult individual has the right and power to direct the disposition of his or her remains after death and should be protected from interested persons who may try to impose their wishes regarding such disposition contrary to the deceased's desires.
(b) A statute that determines priority of individuals to direct the disposition of a decedent's remains is necessary if the decedent fails to direct such disposition or if a dispute arises between interested persons regarding such disposition.
(c) The right to direct the disposition of one's remains needs to be stated in writing to better protect a third party who relies in good faith on such decisions.

(2) This article shall be interpreted liberally to carry out a decedent's intent when not conflicting with this article.

(3) This article shall not be construed to:
(a) Subject to section 15-19-104

(3), invalidate a declaration instrument or will, codicil, trust, power of appointment or power of attorney;
(b) Invalidate any act of an agent, guardian, or conservator;
(c) Affect any claim, right, or remedy that accrued prior to the effective date of this article;
(d) Authorize or encourage acts that violate the constitution, statutes, rules, case law, or public policy of Colorado or the United States;
(e) Abridge contracts;
(f) Modify the standards, ethics, or protocols of the practice of medicine;
(g) Compel or authorize a health care provider or health care facility, as defined in section 15-14- 505, to administer medical treatment that is medically inappropriate or contrary to federal or other Colorado law; or
(h) Permit or authorize euthanasia or an affirmative or deliberate act to end a person's life.

15-19-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Adult" means a natural person eighteen years of age or older.

(2) "Declarant" means a competent adult who signs a declaration pursuant to the provisions of this article.

(3) "Declaration instrument" means a written instrument, signed by a declarant, governing the disposition of the declarant's last remains and the ceremonies planned after a declarant's death, including a document governing the disposition of last remains under part 7 of article 11 of this title. Such a declaration may be made within a prepaid funeral, burial, or cremation contract with a mortuary or crematorium.

(4) "Interested person" means the deceased's spouse, parent, adult child, sibling, grandchild, and other person designated in a declaration instrument.

(5) "Last remains" means the deceased's body or cremains after death.

(6) "Reasonable under the circumstances", applied to the declarant's instructions, means appropriate in relation to the declarant's finances, cultural or family customs, and religious or spiritual beliefs. "Reasonable under the circumstances" implies consideration of factors that include, but are not limited to, a prepaid funeral, burial, or cremation plan of the declarant; the size of the declarant's estate; the declarant's cultural or family customs; the declarant's religious or spiritual beliefs; and the known or reasonably ascertainable creditors of the declarant.

(7)
(a) "Third party" means a person: (I) Who is requested by a declaration instrument to act in good faith in reliance upon such instrument; (II) Who is asked to dispose of last remains by the person with priority to dispose of the decedent's last remains under section 15-19-106; or (III) Who is delegated discretion over ceremonial or dispositional arrangements in a declaration instrument.
(b) "Third party" includes, but is not limited to, a funeral director, mortician, mortuary, crematorium, or cemetery. Colorado Disposition of Last Remains CRC 15-19-101 - - 108 11/20/03 Colorado Funeral Directors Association Page 2 of 4

(8) "Unreasonable" means an act that is clearly unreasonable pursuant to the definition of "reasonable under the circumstances" under subsection

(6) of this section.

15-19-104. Declaration of disposition of last remains.

(1) The declarant may specify, in a declaration instrument, any one or more of the following:
(a) The disposition to be made of the declarant's last remains;
(b) Who may direct the disposition of the declarant's last remains;
(c) The ceremonial arrangements to be performed after the declarant's death;
(d) Who may direct the ceremonial arrangements after the declarant's death;
(e) The rights, limitations, immunities, and other terms of third parties dealing with the declaration instrument.

(2) A third party seeking to fulfill a declarant's intent regarding disposition of last remains or ceremonial arrangements may disregard such intent if such intent is unreasonable under the circumstances.

(3)
(a) The provisions of the most recent declaration instrument shall control over any other document regarding the disposition of the last remains.
(b) This article shall govern all current and prior declaration instruments.
(c) If article 54 of title 12, C.R.S., conflicts with this article, this article shall govern.

(4) This article shall apply to decla ration instruments executed or exercised in Colorado and to declaration instruments signed or exercised by a person who is a resident of Colorado when such instrument is signed or exercised.

(5) A declaration instrument may be acknowledged, but lack of acknowledgment shall not render the declaration ineffective.

15-19-105. Reliance - declaration instruments.

(1)
(a) A third party who acts in good-faith reliance on a declaration instrument that is legally executed shall not be subject to civil liability to any greater extent than if the third party were dealing directly with the declarant as a fully competent and living person. Such third party shall not be subject to criminal liability or regulatory sanction for such reliance.
(b) (I) A third party who deals with a declaration instrument may presume, in the absence of actual knowledge to the contrary: (A) That the declaration instrument was validly executed; and (B) That the declarant was competent at the time the instrument was executed. (II) A third party who reasonably relies on a declaration instrument shall not be civilly or criminally liable for the proper application of property delivered or surrendered to comply with the declarant's instructions in the declaration instrument.

(2) The directions of a declarant expressed in a declaration instrument shall be binding on all persons as if the declarant were alive and competent.

(3) A third party who has reasonable cause to question the authenticity or validity of a declaration instrument may promptly and reasonably seek additional information from the person proffering such declaration or from other involved persons. A third party may require exhibition of the original declaration instrument or a notarized copy.

15-19-106. Right to dispose of remains.

(1) The right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent's death, in the following order:
(a) The decedent if acting through a declaration instrument;
(b) (I) Either the appointed personal representative or special administrator of the decedent's estate if such person has been appointed; or (II) The nominee for appointment as personal representative under the decedent's will if a personal representative or special administrator has not been appointed;
(c) The surviving spouse of the decedent, if not legally separated from the decedent;
(d) A majority of the surviving adult children of the decedent whose whereabouts are reasonably ascertainable;
(e) The surviving parents or legal guardians of the decedent whose whereabouts are reasonably ascertainable;
(f) A majority of the surviving adult siblings of the decedent whose whereabouts are reasonably ascertainable; Colorado Disposition of Last Remains CRC 15-19-101 - - 108 11/20/03 Colorado Funeral Directors Association Page 3 of 4
(g) The public administrator responsible for the decedent's estate.

(2) To exercise the right to control final disposition pursuant to paragraph
(e) of subsection

(1) of this section, the majority of parents and guardians shall act in writing.

(3) If the assent of multiple persons under paragraph
(d),
(e), or
(f) of subsection

(1) of this section cannot be obtained, a final judgment of the probate court of the county of the decedent's residence shall be required to exercise the right to control final disposition. Such final judgement shall be consistent with the decedent's last wishes to the extent they are reasonable under the circumstances.

15-19-107. Declaration of disposition of last remains.

(1) Form. The following statutory declaration of disposition of last remains is legally sufficient: DECLARATION OF DISPOSITION OF LAST REMAINS I, (name of declarant), being of sound mind and lawful age, hereby revoke all prior declarations, wills, codicils, trusts, powers of appointment, and powers of attorney regarding the disposition of my last remains, and I declare and direct that after my death the following provisions be taken: 1. If permitted by law, my body shall be
(initial ONE choice): _______ Buried. I direct that my body be buried at . _______ Cremated. I direct that my cremated remains be disposed of as follows: . _______ Entombed. I direct that my body be entombed at . _______ Other. I direct that my body be disposed of as follows: . _______ Disposed of as (name of designee) shall decide in writing. If ________________________ is unwilling or unable to act, I nominate ________________________ as my alternate designee. 2. I request that the following ceremonial arrangements be made
(initial desired choice or choices): _______ I request ____________________________ (name of designee) make all arrangements for any ceremonies, consistent with my directions set forth in this declaration. If ________________________ is unwilling or unable to act, I nominate ______________________ as my alternate designee. _______ Funeral. I request the following arrangements for my funeral: . _______ Memorial Service. I request the following arrangements for my memorial service: . 3. Special instructions. In addition to the instructions above, I request (on the following lines you may make special requests regarding ceremonies or lack of ceremonies): . Note: Those persons or entities asked to carry out a declarant's intent regarding disposition of last remains and ceremonial arrangements need do so only if the declarant's intent is reasonable under the circumstances. "Reasonable under the circumstances" may take into consideration factors such as a known prepaid funeral, burial, or cremation plan of the declarant, the size of the declarant's estate, cultural or family customs, the declarant's religious or spiritual beliefs, the known or reasonably ascertainable creditors of the declarant, and the declarant's financial situation prior to death. I may revoke or amend this declaration in writing at any time. I agree that a third party who receives a copy of this declaration may act according to it. Revocation of this declaration is not effective as to a third party until the third party learns of my revocation. My estate shall indemnify any third party for costs incurred as a result of claims that arise against the third party because of good-faith reliance on this declaration.

I execute this declaration as my free and voluntary act, on ________________________, _____. ___________________________ (Declarant) THE FOLLOWING SECTION REGARDING ORGAN AND TISSUE DONATION IS OPTIONAL. To make a donation, initial the option you select and sign below. In the hope that I might help others, I hereby make an anatomical gift, to be effective upon my death, of: A._______ Any needed organs/tissues B._______ The following organs/tissues: Donor signature: _________________________________ _________ Notarization optional: STATE OF COLORADO ) ) ss. COUNTY OF ___________________) Acknowledged before me by __________, Declarant, on __________, ___. My commission expires: ______________ _________________________ [seal] Notary Public

(2) Requirements. The form set forth in subsection

(1) of this section is not exclusive, and a person may use another form of declaration instrument if the wording of the form complies substantially with subsection

(1) of this section, the form is properly completed, and the form is in writing, dated, and signed by the declarant. Such a declaration may be acknowledged.

(3) A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration instrument with the intent to revoke such instrument.

(4)
(a) Unless otherwise expressly provided in a declaration instrument, a subsequent divorce, dissolution of marriage, annulment of marriage, or legal separation between the declarant and spouse automatically revokes a delegation to the declarant's spouse to direct the disposition of the declarant's last remains or ceremonies after the declarant's death. This paragraph
(a) shall not be construed to revoke the remaining provisions of the declaration instrument.
(b) Unless otherwise specified in the declaration instrument, if a declarant revokes a delegation to a person to direct the disposition of the declarant's last remains or ceremonies after the declarant's death, or if such person is unable or unwilling to serve, the nomination of such person shall be ineffective as to such person. If an alternate designee is not nominated by the declarant, section 15-19-106 shall govern. This paragraph
(b) shall not be construed to revoke the remaining provisions of the declaration instrument.

15-19-108. Interstate effect of declaration.

(1) Unless otherwise stated in a declaration instrument, it shall be presumed that the declarant intends to have his or her declaration instrument executed pursuant to this article and recognized to the fullest extent possible by other states.

(2) Unless otherwise provided in the declaration instrument, a declaration instrument or similar instrument executed in another state that complies with the requirements of this article may, in good faith, be relied upon by a third party in this state if an action requested by such declarant does not violate any law of the federal government, Colorado, or a political subdivision.

 

Chapter 25, Article 2 Vital Statistics (Colorado Revised Codes) 25-2-110. Certificates of death. 

(1) A certificate of death for each death which occurs in Colorado shall be filed with the state registrar or as otherwise directed by the state registrar, within five days after such death occurs and prior to final disposition, and shall be registered if it has been completed in accordance with this section. If the place of death is unknown but the dead body is found in Colorado, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be determined by approximation.

(2) When a death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, and the place where it is first removed shall be considered the place of death. when a death occurs on a moving conveyance while in international air space or in a foreign country or its air space and the body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, but the certificate shall show the actual place of death insofar as can be determined.

(3) The funeral director or person acting as such who first assumes custody of a dead body or dead fetus shall be responsible for the filing of the death certificate required by subsection

(1) of this section. He shall obtain the personal data required by the certificate from the next of kin or the best qualified person or source available. He shall obtain the  medical certification necessary to complete the portion of the certificate 25-2-111. Dead bodies - disposition, removal from state, record. 

(1) Any person requested to act as a funeral director for a dead body or otherwise whoever first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of  the body. The office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, the coroner or the coroner's designee shall authorize final disposition of the body on a form prescribed and furnished by the state registrar. No body shall be buried, cremated, deposited in a vault or tomb, or otherwise disposed of, nor shall any body be removed from this state, until such authorization has been obtained, completed, and approved.

(2) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state. 

(3) Repealed.

(4) Any person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any  certificate or other form required by this article, shall keep a record which shall identify the body and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed in regulations. Such record shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or his representative upon demand.

(5) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.

(6) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the state registrar to a funeral director or person acting as such upon proper application.

 

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE 15 PRENEED FUNERAL CONTRACTS

 

Editor's note: This article was numbered as article 19 of chapter 14 in C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1992 and 1995, causing some addition, relocation, and elimination of sections as well as subject matter. For prior amendments, consult the red book table distributed with the session laws; the cumulative table located in the front of the 1994 replacement volume; the 1994 and 1987 replacement volumes, the original volume of C.R.S. 1973, and annual supplements to these volumes prior to 1995; the comparative tables located in the back of the index; and C.R.S. 1963 and subsequent cumulative supplements to C.R.S. 1963. Former C.R.S. section numbers for sections that were relocated as a part of the 1992 and 1995 repeal and reenactment are shown in editor's notes following each section. Section 10-15-101. Legislative declaration. 10-15-102. Definitions. 10-15-103. License procedure - records - examination of records. 10-15-104. Annual report. 10-15-105. Contract requirements - refund - full performance. 10-15-106. Preexisting contracts. 10-15-107. Deposit of funds with trustee. 10-15-108. Standard for investments by trustees. 10-15-109. Disbursements - excess trust assets. 10-15-110. Discharge of preneed contract - disbursements by trustees. 10-15-111. Insurance-funded preneed contracts. 10-15-112. Rules. 10-15-113. Applicability of administrative procedure act. 10-15-114. Investigations - actions against licensees. 10-15-115. Injunctions - cease and desist orders. 10-15-116. Surrender of license. 10-15-117. Reinstatement of license. 10-15-118. Violation. 10-15-119. Immunity from prosecution. 10-15-120. Rule against perpetuities inapplicable. 10-15-121. Other insurance laws applicable.

10-15-101. Legislative declaration.

The general assembly declares that the business of selling preneed contracts whereby the seller agrees to provide funeral, interment, entombment, or cremation merchandise or services in the future or for future use is affected with a public interest, and the preservation of the safety and welfare of the public from unconscionable dealing requires regulation of the sale of such contracts and of the disposition of funds obtained as a result of such sales.

 

Source: L. 95: Entire article R&RE, p. 1031, § 1, effective May 25.

 

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. This section, as it existed in 1995, was the same as § 10-15-101 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-101 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

 

ANNOTATION

 

Am. Jur.2d. See 43 Am. Jur.2d, Insurance, § 8. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982). Free competition in the area of preneed funeral contracts assures that the interests of the public will be advanced, and that members of the public will be assured of obtaining a contract best suited to their desires and needs. Memorial Gardens, Inc. v. Olympian Sales & Mgt. Consultants, Inc., 661 P.2d 296 (Colo. App. 1982).

10-15-102. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Broker" means any contract seller who must utilize the services of a general provider to fulfill the terms of a preneed contract.

(1.5) "Cash advances" means consideration which can be used at the time of need at the discretion of the contract buyer or his or her heirs, assigns, or authorized representatives for merchandise or services the prices of which are not guaranteed in a preneed contract and which merchandise or services are ancillary and in addition to merchandise and services the prices of which are guaranteed in a preneed contract.

(2) "Cemetery" means any place, including a mausoleum, niche, or crypt, in which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies.

(3) "Commissioner" means the commissioner of insurance.

(4) "Common trust funds" means a common trust as defined by the provisions of article 24 of title 11, C.R.S. This article does not preclude the use of a common trust to the extent that the individual contract seller complies with the provisions of this article.

(5) "Contract buyer" means a person who purchases merchandise and services through a preneed contract.

(6) "Contract seller" means a person who sells merchandise and services through a preneed contract.

(7) "Final resting place" means a space, either below or above the surface of the ground, for the interment of the remains of human bodies.

(8) "Funds" means money paid by a contract buyer, excluding interest, finance charges, and late fees paid, for the purchase of a preneed contract.

(9) "General provider" means a person who engages, on a contract basis, in the usual business of providing the merchandise and performing the services, at time of need, for the final disposition of a deceased human body, and does not include subcontractors of a general provider.

(10) "Merchandise" means goods which are normally sold or offered for sale directly to the public for use in connection with funeral services and does not include overhead items.

(11) "Overhead items" means items such as embalming fluid, sanitary supplies, and other items used in the performance of funeral services.

(12) "Person" means an individual, partnership, firm, joint venture, corporation, company, association, joint stock association, or limited liability company.

(13)
(a) "Preneed contract" means any written contract, agreement, or mutual understanding, any series or combination of contracts, agreements, or mutual understandings, or any security or other instrument which is convertible into a contract, agreement, or mutual understanding whereby it is agreed that, upon the death of the preneed contract beneficiary, a final resting place, merchandise, or services shall be provided or performed in connection with the final disposition of the preneed contract beneficiary's body. Consideration for a preneed contract is funds or the assignment of life insurance benefits.
(b) A contract for merchandise whereby the buyer takes physical possession of the merchandise at the time of entering into the contract shall not be included in the definition of a preneed contract.
(c) Providing a developed final resting place within a designated cemetery approved for the interment, entombment, or inurnment of human remains is not subject to the provisions of this article. Providing an undeveloped final resting place shall be exempt from the provisions of this article only if the cemetery contains unsold developed final resting places representing at least twenty-five percent of the outstanding paid-in-full contracts for undeveloped final resting places. In the event such specific and identifiable final resting place is not developed for use at the time of need and full payment has been made, then the contract must provide the purchaser with an immediate alternate and comparable final resting place at the same cemetery or a full refund of moneys paid.

(14) "Preneed contract beneficiary" means, for any preneed contract entered into on or after July 1, 1967, any person specified in the preneed contract, upon whose death a final resting place, merchandise, or services of any nature shall be provided, delivered, or performed.

(15) "Preneed contract price" means the total price listed on a preneed contract for all items listed and includes cash advances.

(16) "Services" means any services which may be used to care for and prepare deceased human bodies for burial, cremation, or other final disposition.

(17) "Trustee" means a chartered state bank, savings and loan association, credit union, or trust company that is authorized to act as fiduciary and that is subject to supervision by the state bank or financial services commissioner or a national banking association, federal credit union, or federal savings and loan association authorized to act as fiduciary in Colorado.

(18) "Trust funds" means funds deposited by a contract seller with a trustee.

(19) "Trust instrument" means the documents pursuant to which a trustee receives, holds, invests, and disburses trust funds.

Source: L. 95: Entire article R&RE, p. 1031, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-102 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-102 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-103. License procedure - records - examination of records.

(1)
(a) No contract seller shall enter into a preneed contract or accept any funds or other consideration without first securing a license from the commissioner. Application for an initial license shall be in writing, signed by the applicant, and duly verified on forms furnished by the commissioner. Each application shall be accompanied by payment of five hundred dollars and a current balance sheet, income statement, and statement of cash flow to demonstrate a net worth of at least ten thousand dollars, as evidenced by the signature of a certified public accountant ("CPA") or public accountant ("PA"), or, if prepared by the applicant, accompanied by a current tax return; or, in the alternative, the applicant shall furnish the commissioner a surety bond in the amount of ten thousand dollars to honor preneed contract obligations.
(b) (I) With the submission of the initial application described in paragraph
(a) of this subsection

(1), each applicant shall submit a set of fingerprints to the commissioner. The commissioner shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. (II) For purposes of this paragraph
(b), "applicant" means an individual and, in the case of a corporation, each officer and director of the corporation.

(2) Upon receipt of a complete initial application and license fee, the commissioner shall issue a license to the applicant unless the commissioner determines that:
(a) The applicant has made false statements or misrepresentations in such application; or
(b) The applicant does not meet the conditions of subsection

(1) of this section; or
(c) The applicant is not duly authorized to transact business in the state of Colorado; or
(d) Any officer, director, or controlling shareholder of the applicant has been convicted of a crime involving fraud or misappropriation or misuse of funds; or
(e) The applicant has not filed a preneed contract, general provider contract, or trust agreement and assignment form, where applicable, which comply with the provisions of this article; or
(f) The applicant is an insurance company.

(3)
(a) The contract seller shall keep accurate accounts, books, and records of all transactions, copies of all preneed contracts, dates and amounts of payments made and accepted thereon, the name and address of each contract buyer, copies of all annual reports, the name of the preneed contract beneficiary as to each preneed contract, the name of the trustee holding trusted funds received under each preneed contract, copies of statutory reports made to the trustee and statutory reports provided by the trustee, and any other information necessary to verify compliance with the provisions of this article.
(b) Such records as stated in paragraph
(a) of this subsection

(3) shall be kept by the contract seller for at least five years following the earliest of the following: (I) The death of the preneed contract beneficiary; or (II) The removal of funds from trust; or (III) The termination of the assignment of life insurance benefits.

(4)
(a) The contract seller shall make all books and records available to the commissioner for examination. The commissioner, or a qualified person designated by the commissioner, may, not more frequently than once in any calendar year unless pursuant to order of court for good cause shown, during ordinary business hours, examine the books, records, and accounts of the contract seller, and for that purpose may require the attendance of and examine under oath all persons whose testimony the commissioner may require.
(b) The commissioner shall make every reasonable effort to utilize examiners employed by the division of insurance in preference to designating persons to perform examinations who are not employees of the division of insurance. However, in the event of evidence of a violation of this article, the commissioner may designate a qualified person who is not an employee of the division of insurance to examine any contract seller, and the reasonable expenses and charges of such examiner shall be paid directly by the contract seller to any such authorized examiner. The examinee may contest the amount of fees, costs, and expenses charged to it by such person by filing an objection with the commissioner which sets forth the charges which the examinee considers to be unreasonable, together with the basis for such claim of unreasonable charges. No amounts which are so disputed will be due to the examiner unless and until the commissioner has reviewed the objection and made a written finding that the disputed charges were reasonable in relation to the examination performed.

(5)
(a) Every license shall expire on June 30. Every license shall be renewed annually and automatically extended upon filing of a complete application on a form provided by the commissioner, demonstration of compliance with the conditions of subsection

(2) of this section, payment of the fee prescribed in paragraph
(b) of this subsection

(5), and the filing of the annual report which shall be due by March 31 of each year. A filing made later than March 31 may be subject to a late fee of up to one hundred dollars per day for each day received after such date. If the contract seller is in compliance with this section, the contract seller shall be deemed licensed unless and until notified by the commissioner that the renewal does not comply with this section.
(b) The annual renewal fee shall be based upon the aggregate preneed contract price of all preneed contracts outstanding at the end of each calendar year. If the aggregate preneed contract price is: (I) One hundred thousand dollars or less, the annual renewal fee shall be one hundred dollars; (II) Greater than one hundred thousand dollars but not exceeding five hundred thousand dollars, the annual renewal fee shall be two hundred dollars; (III) Greater than five hundred thousand dollars but not exceeding one million dollars, the annual renewal fee shall be five hundred dollars; (IV) Greater than one million dollars but not exceeding five million dollars, the annual renewal fee shall be one thousand dollars; (V) Greater than five million dollars but not exceeding ten million dollars, the annual renewal fee shall be one thousand five hundred dollars; (VI) In excess of ten million dollars, the annual renewal fee shall be two thousand dollars.

(6) Notwithstanding the amount specified for any fee in this section, the commissioner by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402

(3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402

(4), C.R.S.

Source: L. 95: Entire article R&RE, p. 1034, § 1, effective May 25. L. 98:

(6) added, p. 1328, § 32, effective June 1. L. 2002:

(1) amended, p. 971, § 3, effective June 1.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-103 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in §§ 10-15-105 and 10-15-112 as said sections existed in 1991, the year prior to the first repeal and reenactment of this article.

ANNOTATION

Am. Jur.2d. See 43 Am. Jur.2d, Insurance, § 32. C.J.S. See 44 C.J.S., Insurance, §§ 85, 86.

10-15-104. Annual report.

Each contract seller shall file an annual report on a calendar year basis with the commissioner on a form as provided by the commissioner. In the annual report, each contract seller who is required to deposit funds with a trustee shall state the name of each trustee with which it has trust funds on deposit and the amount remaining on deposit in the trust fund on December 31. Each contract seller shall report annually the amount of all annual preneed aggregate merchandise sales and the disposition of such merchandise. Any contract seller which has voluntarily or involuntarily discontinued the sale of preneed contracts shall not be required to obtain a renewal of its license, but it shall continue to make annual reports to the commissioner until all such contracts have been fully performed by it and shall pay fifty percent of the fee structure prescribed by section 10-15-103

(5)
(b).

Source: L. 95: Entire article R&RE, p. 1036, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-104 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-108 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

Cross references: For state laws relating to investment of funds by savings and loan associations, see § 11-41-114; for investment of funds by banks, see article 105 of title 11; for investment of funds by credit unions, see § 11-30-104.

10-15-105. Contract requirements - refund - full performance.

(1)
(a) The preneed contract shall bind the contract seller, or the heirs, assigns, or duly authorized representatives of the contract seller, to provide the services or merchandise contained in the preneed contract.
(b) (I) The contract seller shall certify pursuant to subparagraphs (II), (III), and (IV) of this paragraph
(b) with the commissioner each form of preneed contract offered or sold by such contract seller unless the contract seller notifies the commissioner that it will use preauthorized forms made available by the commissioner. For preneed contracts that are funded by the assignment of life insurance benefits, the assignment shall be deemed to be part of the preneed contract, and the contract seller shall certify pursuant to subparagraphs (II), (III), and (IV) of this paragraph
(b) with the commissioner a copy of each form of assignment. (II) Each contract seller of preneed contracts shall submit an annual report to the commissioner listing any forms of preneed contracts and each form of assignment used or to be used by the contract seller. Such listing shall be submitted on or before July 15, 2000, and on or before July 1 of each subsequent year. The annual report shall include a certification by the contract seller that, to the best of the seller's knowledge, each form for preneed contracts and assignments in use complies with Colorado law. The commissioner may promulgate rules specifying the necessary elements of the certification. (III) Each contract seller shall submit to the commissioner a list of new preneed contracts and forms of assignment. Such listing shall include a certification by the contract seller that, to the best of the seller's knowledge, each new preneed contract or form of assignment proposed complies with Colorado law. The commissioner may promulgate rules specifying the necessary elements of the certification. (IV) The commissioner shall have the power to examine and investigate the preneed contract seller to determine whether the preneed contracts or forms of assignment comply with the seller's certification and Colorado law.
(c) At the time the preneed contract is entered into, the contract seller shall furnish the contract buyer with an accurate copy of the preneed contract.
(d) If the contract seller is a broker, or if the preneed contract requires any services to be performed or merchandise to be provided by a general provider other than the contract seller, the contract seller shall furnish the contract buyer with a copy of the agreement or a certificate evidencing an agreement between the contract seller and such general provider whereby the general provider or the heirs, assigns, or duly authorized representatives of such general provider are obligated to perform the services or provide the merchandise as stated in the preneed contract. Such agreement or certificate shall state that the general provider shall perform the contract services and provide the merchandise specified in the agreement between the contract seller and the general provider, under any fully paid preneed contract, without recourse against the contract buyer or his or her heirs, assigns, or duly authorized representatives for any funds due from the contract seller. Each such agreement or certificate evidencing each agreement shall be filed with the commissioner. As an alternative to having a separate agreement with a general provider, the preneed contract shall contain a signature and statement of guarantee by the general provider or an authorized agent of said general provider to provide the merchandise and services as agreed in the preneed contract.

(2) A preneed contract shall be written in clear, understandable language and shall be printed or typed in at least eight-point type.

(3) A preneed contract shall conform to all other applicable state and federal statutes and regulations.

(4) Each preneed contract shall:
(a) State on its face that "This preneed contract is not insurance; however, preneed contracts and contract sellers are subject to regulation by the Colorado Division of Insurance.";
(b) State the name and address of the principal office of the preneed contract seller and, if not the same, the name and address of the principal office of the general provider;
(c) Identify the contract buyer and the preneed contract beneficiary;
(d) State the terms and conditions for cancellation by the contract buyer within the first seven days of the contract buyer's signature to the preneed contract during which period the contract buyer may provide the contract seller with written notice of cancellation. The contract seller shall forward a one hundred percent refund to the contract buyer within ten calendar days of receipt of the written cancellation.
(e) Provide that the contract buyer may cancel the preneed contract at any time after the seven-day period provided in paragraph
(d) of this subsection

(4) and that any return of consideration be made to the contract buyer, heirs, assigns, or duly authorized representatives in a timely manner, not to exceed thirty days after the date of the request for return of consideration in lieu of performance, and not to exceed forty-five days after the date of request for return of consideration in case of default or cancellation;
(f) Contain a provision expressing the right of the contract seller to perform under the preneed contract if the heirs, assigns, or duly authorized representatives of the preneed contract beneficiary have not canceled the preneed contract within one hundred sixty-eight hours after the death of the preneed contract beneficiary, or if previously authorized to perform prior to such one hundred sixty-eight hours;
(g) Specify the services or merchandise, or both, to be provided, and clearly indicate that the preneed contract seller guarantees and fully pays for each such service or merchandise, or both, when it is provided, except for cash advances;
(h) Contain a provision providing that the preneed contract seller shall provide merchandise as described in the preneed contract or of equivalent quality;
(i) (I) State on its face the manner in which it is funded. Each preneed contract shall clearly state the terms of the consideration between the contract seller and the contract buyer. (II) Such terms shall require that the contract buyer be responsible for paying any unpaid balance of the preneed contract price. (III) Where the consideration is an assignment of life insurance benefits, excluding annuities, any unpaid balance shall not exceed the price of the services or merchandise provided at the time of death of the preneed contract beneficiary, based on the general provider's general price list then in force, in excess of the value of the assignment. Such assignment shall not require the payment of any unpaid balance after the third anniversary of the issue date of the preneed contract. The contract seller may require any assignment which has been reduced in value by action of the policy owner to be returned to full value.
(j) Contain a provision stating that the contract seller is responsible for furnishing the merchandise and services expressed in the preneed contract unless the contract buyer is in default, the contract is canceled, or the assignment funding the contract is void, canceled, or otherwise reduced in value by action of the contract buyer. The preneed contract shall provide that in the case of the death of the preneed contract beneficiary, the contract buyer or, if the contract buyer is deceased, such buyer's heirs, assigns, or duly authorized representatives are entitled to a full return of consideration instead of performance by the contract seller. It shall further provide whether or not a preneed contract, in case of default or cancellation, a preneed contract which has not been performed, or promissory note executed in connection therewith, may allow the contract seller to retain liquidated damages. In no event shall such liquidated damages exceed the lesser of the funds received or fifteen percent of the total preneed contract price. Such liquidated damages are deemed to be the reasonable value of administrative and sales costs incurred.

(5) Any preneed contract for which merchandise has been contracted, manufactured, and placed in storage shall guarantee that the merchandise, when delivered, shall be merchantable and fit for its intended purpose.

(6) No contract seller shall condition a preneed contract upon the purchase of any other item or contract unless such preneed contracts, other contracts, and any other item can be independently purchased at the same stated price. Nothing in this section shall prohibit the sale, purchase, or assignment of life insurance benefits to be identified in the preneed contract and be used as full or partial consideration to fund a preneed contract.

(7) The contract seller shall be deemed to have fully performed under the preneed contract when:
(a) The services or merchandise, or both, contracted for have actually been used in conjunction with the death of the preneed contract beneficiary; or
(b) The services contracted for have actually been furnished; or
(c) The contract buyer has taken physical possession of the merchandise; or
(d) The merchandise contracted for, which the contract buyer has agreed to purchase prior to need, has been manufactured and placed in storage and a certificate of title or warehouse receipt has been issued in the contract buyer's name, any such certificate of title or warehouse receipt having effectively and unalterably transferred ownership of the merchandise to the contract buyer and all such merchandise having been fully protected by casualty insurance against all hazards; or
(e) Full payment to the manufacturer has been made by the contract seller within forty-five days after the sale of the merchandise contracted for, which the contract buyer has agreed to purchase prior to need, by the contract buyer, the merchandise has been manufactured not later than six months thereafter and placed in storage, and a certificate of title or warehouse receipt has been issued in the contract buyer's name, any such certificate of title or warehouse receipt having effectively and unalterably transferred ownership of the merchandise to the contract buyer and all such merchandise having been fully protected by casualty insurance against all hazards, as stated in paragraph
(d) of this subsection

(7); or
(f) The merchandise contracted for, which the contract buyer has agreed to purchase prior to need, has been installed upon or placed within the interment site of the contract buyer, including the place of interment, entombment, or ground burial.

(8) In any preneed contract that includes merchandise contracted for pursuant to paragraphs
(d) and
(e) of subsection

(7) of this section, upon full payment for the merchandise by the contract buyer, the title shall be deemed transferred to the contract buyer.

(9) Notwithstanding any other provision of this section to the contrary, upon the request and consent of the contract buyer, a preneed contract, related trust, or assignment of the ownership or the benefits of a life insurance policy may be made irrevocable. However, the contract buyer, or his or her heirs, assigns, or duly authorized representatives may, at any time before performance, transfer the funds or the assignment to any other contract seller or general provider as required by applicable laws.

Source: L. 95: Entire article R&RE, p. 1036, § 1, effective May 25. L. 2000:

(1)
(b) amended, p. 469, § 9, effective August 2.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-105 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-109 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

Cross references: For the legislative declaration contained in the 2000 act amending subsection

(1)
(b), see section 1 of chapter 135, Session Laws of Colorado 2000.

ANNOTATION

 

Am. Jur.2d. See 43 A. Jur.2d, Insurance, § 160. C.J.S. See 44 C.J.S., Insurance, §§ 253, 255. General assembly did not intend all preneed contracts to be terminable at will and such contracts may be subject to the tort of intentional interference with contract relations. Memorial Gardens v. Olympian Sales & Management, 690 P.2d 207 (Colo. 1984).

10-15-106. Preexisting contracts.

This article shall not be construed so as to impair or affect the obligation of any preexisting lawful contract.

Source: L. 95: Entire article R&RE, p. 1041, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. This section, as it existed in 1995, was the same as § 10-15-106 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. This section, as it existed in 1992, was the same as § 10-15-110 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-107. Deposit of funds with trustee.

(1) If a contract seller enters into a preneed contract in which the consideration is funds, the contract seller shall deposit not less than seventy-five percent of the total preneed contract price with a trustee. The contract seller shall deposit all funds in excess of twenty-five percent of the total preneed contract price with a trustee within forty-five days after receipt thereof. All funds deposited with a trustee shall be deposited under the terms of a trust instrument, which shall not be inconsistent or in conflict with the provisions of this article, and shall be held in trust by the trustee pursuant to the provisions of this article. Copies of all trust instruments and amendments to such trust instruments shall be filed with the commissioner.

(2) For each deposit with a trustee, the contract seller shall make a record of, and provide the trustee with, the name and address of the contract buyer, the total preneed contract price, and the amount of trustable funds. The contract seller shall keep such record, as to each contract buyer, until five years following the earlier of:
(a) The death of the preneed contract beneficiary; or
(b) The removal of funds from trust.

(3) Within thirty days following the last day of the calendar quarter, the contract seller shall provide to the trustee a detailed listing of all preneed contracts outstanding, the name and address of each contract buyer, the total preneed contract price, accumulated receipts, and the total amount of funds trusted for each preneed contract. If the trustee finds a significant discrepancy between such cumulative listing and the aggregate deposits in trust, the trustee shall contact the contract seller in order to reconcile the discrepancy. If the trustee is unable to resolve such discrepancy to the trustee's satisfaction, the trustee shall promptly notify the commissioner in writing of such discrepancy.

Source: L. 95: Entire article R&RE, p. 1041, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-107 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-103 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-108. Standard for investments by trustees.

(1) Savings and loan associations acting as trustees under the terms of this article shall invest trust funds as otherwise authorized under the laws of this state relating to the investment of funds by savings and loan associations and the federal law governing such investments, but savings and loan associations shall accept trust funds only to the extent that the full amount thereof is insured by the federal deposit insurance corporation or its successor.

(2) Banks and trust companies acting as trustees under the terms of this article shall be subject to the following investment standards: In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of others, trustees shall be required to have in mind the responsibilities which are attached to such offices and the size, nature, and needs of the estates entrusted to their care and shall exercise the judgment and care under the circumstances then prevailing which men of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the standards set forth in this subsection

(2), trustees are authorized to acquire and retain every kind of property, real, personal, and mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations, savings accounts in insured savings and loan associations, stocks, preferred or common, securities of any open-end or closed-end management type investment company or investment trust, and participations in common trust funds, which men of prudence, discretion, and intelligence would acquire or retain for their own account.

(3) Credit unions acting as trustees under the terms of this article shall invest funds received under an account agreement as authorized under the laws of this state or the United States relating to the investment of funds by credit unions, but a credit union shall accept trust funds only to the extent that the full amount thereof is insured by the national credit union share insurance fund or other insurer approved by the commissioner of financial services.

Source: L. 95: Entire article R&RE, p. 1041, § 1, effective May 25. L. 2004:

(1) amended, p. 148, § 52, effective July 1.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. This section, as it existed in 1995, was the same as § 10-15-108 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. This section, as it existed in 1992, was the same as § 10-15-104 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

ANNOTATION

Am. Jur.2d. See 43 Am. Jur.2d, Insurance, § 27.

10-15-109. Disbursements - excess trust assets.

At reasonable times, and unless the trustee is notified by the commissioner that the preneed seller is in violation of the provisions of this article or by the contract seller not to disburse trust assets, the trustee shall disburse excess trust assets to the contract seller in accordance with the terms of the preneed contract between the contract buyer and the contract seller. The trustee shall not disburse any excess trust assets until such time as the value of such trust assets exceeds the total of all funds paid by the contract buyers under the preneed contracts. If more than one trust account is used by the contract seller, the aggregate of all trust accounts must exceed the total of all funds paid by all contract buyers before any disbursement by the trustee. It is the obligation and responsibility of the trustee to conduct at least annual valuations of the market value of the assets held in trust, which may include accrued interest.

Source: L. 95: Entire article R&RE, p. 1042, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-109 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-106 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-110. Discharge of preneed contract - disbursements by trustees.

(1) Before disbursing any trust assets to discharge a preneed contract, the trustee shall determine that the amount of assets to be released does not exceed the funds trusted.

(2) If a preneed contract is cancelled by the contract buyer or the contract buyer's heirs, assigns, or duly authorized representatives, the trustee shall require a copy of the signed cancellation request before releasing trust assets.

(3) If a preneed contract is cancelled by the contract seller due to a default by the contract buyer, the trustee shall require an affidavit from an officer or owner of the contract seller setting forth such default before releasing funds.

(4) If a preneed contract is performed by the contract seller, the trustee shall require an affidavit from an officer or owner of the contract seller setting forth such performance before releasing funds.

Source: L. 95: Entire article R&RE, p. 1042, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-110 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-111 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-111. Insurance-funded preneed contracts.

(1) If a contract seller enters into a preneed contract in which the consideration is the assignment of life insurance benefits, such preneed contract shall state that all or part of such assigned funds shall be paid to the contract seller to pay for the services or merchandise, or both, included in the preneed contract. The preneed contract and the assignment shall identify the policy being assigned including the name of the issuing company. The initial benefit assigned shall not exceed the preneed contract price when the assignment is executed. The purchaser of any insurance policy to be assigned under a preneed contract must have an insurable interest in the life of the preneed contract beneficiary.

(2) If the value of the assignment exceeds the price of the preneed contract services or merchandise, or both, at the time of the death of the preneed contract beneficiary, based on the general provider's general price list in force in accordance with the regulations of the federal trade commission, the excess amounts shall be paid to the beneficiary under the policy or, if none, to the estate of the preneed contract beneficiary.

Source: L. 95: Entire article R&RE, p. 1043, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-111 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article

10-15-112. Rules.

The commissioner may, after notice and hearing as provided in article 4 of title 24, C.R.S., promulgate such rules as may be reasonably necessary for the effective administration of and not inconsistent with the provisions of this article.

Source: L. 95: Entire article R&RE, p. 1043, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. This section, as it existed in 1995, was the same as § 10-15-112 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-107 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-113. Applicability of administrative procedure act.

All procedures for the issuance, suspension, or revocation of licenses shall be pursuant to sections 24-4-104 to 24-4-107, C.R.S., except where inconsistent with the provisions of this article. Any final action with respect to the issuance, suspension, or revocation of licenses shall be subject to judicial review by the court of appeals pursuant to section 24-4-106

(11), C.R.S.

Source: L. 95: Entire article R&RE, p. 1043, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-113 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article.

10-15-114. Investigations - actions against licensees.

(1) The commissioner may impose an administrative fine not to exceed one thousand dollars for each separate offense; may issue a letter of admonition; may place a contract seller on probation under the commissioner's close supervision on such terms and for such time as the commissioner deems appropriate; and may refuse to renew, may revoke, or may suspend the license of any contract seller if, after an investigation and after notice and a hearing pursuant to the provision of section 24-4-104, C.R.S., the commissioner determines that the contract seller has:
(a) Failed to comply with or has violated any provision of this article or any regulation or order lawfully made pursuant to and within the authority of this article; or
(b) Used false or misleading advertising or made any false or misleading statement or concealment in the contract seller's application for licensure; or
(c) Employed any device, scheme, or artifice which results in defrauding a contract buyer; or
(d) Disposed of, concealed, diverted, converted, or otherwise failed to account for any funds or assets of any contract buyer which are subject to regulation pursuant to this article; or
(e) Committed any act that constitutes a violation of the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.; or
(f) Been convicted of, or any officer, director, or controlling shareholder has been convicted of, a crime involving fraud or misappropriation or misuse of funds; or
(g) Failed to provide appropriate records requested by the commissioner as part of an investigation of a complaint filed with the commissioner.

Source: L. 95: Entire article R&RE, p. 1043, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-114 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-114 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

ANNOTATION

Am. Jur.2d. See 43 Am. Jur.2d, Insurance, § 34. C.J.S. See 44 C.J.S., Insurance, §§ 85, 87. Three-month suspension was not an abuse of discretion by the division where the seller of insurance-funded pre-need funeral contracts engaged in selling such contracts on forms not approved by the division, continued to sell such contract after being advised by the division that such contracts were not approved, and failed to specify in the contracts the purchase price for funeral goods and services, all of which violate statutory provisions governing the sale of pre-need funeral contracts. Guardian Plans v. Div. of Insurance, 793 P.2d 615 (Colo. App. 1990). Division was not equitably estopped from suspending license of pre-need funeral contract seller who engaged in selling insurance-funded pre-need contracts in violation of statutes governing the sale of such contracts. Even though the division initially approved such contracts, it did so without sufficient information to render knowing approval of the seller's operation for selling life insurance or annuity funded contracts, and reliance by the seller on the division's action was, therefore, not reasonable. Guardian Plans v. Div. of Insurance, 793 P.2d 615 (Colo. App. 1990).

10-15-115. Injunctions - cease and desist orders.

(1) Whenever the commissioner has reasonable cause to believe that any person is violating any provision of this article or any rule or order promulgated pursuant to this article, the commissioner may:
(a) In the name of the people of the state of Colorado, through the attorney general, apply for an injunction in any court of competent jurisdiction to perpetually enjoin such person from committing any act prohibited by this article; or
(b) After notice and hearing pursuant to sections 24-4-104 and 24-4-105, C.R.S., issue an order to cease and desist the act or acts violating any provision of this article. A copy of the cease and desist order shall be furnished to each party.

Source: L. 95: Entire article R&RE, p. 1044, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. This section, as it existed in 1995, was the same as § 10-15-115 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-120 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

ANNOTATION

Am. Jur.2d. See 43 Am. Jur.2d, Insurance, § 34. C.J.S. See 44 C.J.S., Insurance, §§ 89, 91, 93, 94.

10-15-116. Surrender of license.

Any contract seller may surrender such contract seller's license by delivering it to the commissioner with written notice of its surrender, but such surrender shall not affect the contract seller's civil or criminal liability for acts committed prior thereto.

Source: L. 95: Entire article R&RE, p. 1044, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-116 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-116 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

ANNOTATION

C.J.S. See 44 C.J.S., Insurance, § 87.

 

Colorado’s cemetery law is divided into three major sections:        1) cemeteries, general (CRC 12-12-101 --115);        2) cemetery companies (CRC 7-47-101 -- 108), and        3) removal of cemeteries (CRC 25-1-654 -- 657). The following is the text of those three sections as they appear in the Colorado Revised Codes. The Colorado Funeral Directors Association has taken every precaution to insure completeness of this document, however, the Association assumes no responsibility for possible oversight.  Cemeteries
(general) l2-l2-10l. Definitions.  12-12.102. Cemetery board - appointment - terms - qualifications - compensation - officers - meetings. (Repealed)  12-12-103.  Organization as endowment care cemetery - when.  12-12-104. Non-endowment section in endowment care cemetery.  12-12-105.   Acquisition of land.  12-12-106. Plats of land to be recorded.  12-12-107. License and renewal.  (Repealed)  12-12-l08. Suspension, revocation, and reinstatement of licenses.  (Repealed)  12-12-109. Endowment care fund.  12-12-110. Reports.  12-12-111. Examination. (Repealed)  12-12-112. Disposition of fees - appropriation. (Repealed)  12-12-113. Delivery of copy of contract - required.  12-12-114. Discrimination.  12-12-115. Violations - penalties - injunction. 12-12-101. Definitions.  As used in this article, unless the context otherwise requires: 

(1) "Cemetery" means any place, including a mausoleum, in which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies. "Cemetery" does not include a cemetery which is owned, operated, or maintained by a government or governmental agency, by a church or synagogue, by a labor organization, by a cooperative association as defined in section 7-55-101, C.R.S., by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt  from the payment of state income tax and which has as its main business something other than the ownership, operation, or maintenance of any business connected with the burial of the dead.   

(2)  "Cemetery authority" means any person who owns, maintains, or operates a cemetery.   

(2.5)  Repealed.   

(3)  "Endowment care cemetery" means any cemetery, the authority of which does, or represents to the public that it does, collect funds for the purpose of caring for, maintaining, or embellishing the cemetery to preserve it from becoming unkempt or a place or reproach and desolation. It does not include a cemetery which is owned, operated, or maintained by a government or governmental agency, by a church, by a labor organization, by a cooperative association as defined in section  7-55-l01, C.R.S., by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt from the payment of state income tax and which has as its main purpose something other than the ownership, operation, or maintenance of any business connected with burial of the dead.   

(4) "Grave space" means any space in the ground for the interment of the remains of a human body.   

(5) "Interment means the permanent disposition of the remains of a deceased person by cremation, inurnment, entombment, or burial.   

(6) "Niche" or "crypt" means a space in any structure above the ground for the interment of the remains of a human body.   

(7) “Nonendowment care cemetery" means any cemetery other than an endowment care cemetery.   

(8) "Person" means a person as defined by section 2-4-401

(8), C.R.S.  12-12-l02. Cemetery board - appointment - terms - qualifications - compensation - officers - meetings. (Repealed) 12-12-103. Organization as endowment cemetery - when.  Any person who, after July 1, 1965, establishes or acquires a cemetery within twenty miles from the exterior boundary of any city with a population of five thousand or more, according to the latest federal decennail census, shall be organized as an endowment care cemetery. 12-l2-104.  Nonendowment section in endowment care cemetery.  Any cemetery authority of an endowment care cemetery which has a nonendowed section that is used only as single graves for indigents may continue to donate said graves for the burial of indigents.  Nothing in this article shall be construed to prevent a cemetery authority of an endowed care cemetery from donating such a grave space for the burial of an indigent person without placing money in the endowment care fund for such space. 12-12-105. Acquisition of land. Any cemetery authority may acquire suitable and sufficient land for a cemetery in a manner provided by articles 1 to 7 of title 38, C.R.S. 12-12-106.  Plats of land to be recorded. Any cemetery authority shall cause its land or such portion thereof as may become necessary for that purpose to be surveyed into blocks, lots, avenues, and walks and platted. The plat of ground as surveyed shall be acknowledged by some officer of the cemetery authority and filed for record in the office of the clerk and recorder of the county in which the land is situated. Each block or lot shall be regularly numbered by the surveyor, and such numbers shall be marked on the plat. 12-12-107. License and renewal. (Repealed) 12-12-108. Suspension, revocation, and reinstatement of licenses. (Repealed) 12-12-109. Endowment care fund.

(1) A cemetery authority of an endowment care cemetery shall establish an irrevocable endowment care fund for each endowment care cemetery owned, maintained, or operated by it in a state bank or trust company authorized to act as fiduciary and under the supervision of the banking board or in a national banking association authorized to act as fiduciary. Such endowment care fund shall be invested in investments lawful for trustees, which shall not include  Investments in nor mortgages on property owned or contracted for by the cemetery authority or any owned or affiliated company.   

(2)
(a) A cemetery authority of an endowment care cemetery shall make deposits in the endowment care fund or, if it operates more than one endowment care fund, in the appropriate endowment care fund, in accordance with one of the following plans:   (I) Plan A:   It shall deposit in such fund not more than thirty days after any sale is completed at least fifteen percent of the sales price of any grave space and at least ten percent of the sales price of any crypt or niche, and in case any sale has not been completed within sixty months after date of first  payment, it shall deposit in such fund, not later than one month after the sixtieth month, at least  fifteen percent of the sales price of any  grave space and at least ten percent of the sales price of any crypt or niche. A sale is completed at the time the final payment is made and no balance remains due to the cemetery authority, whether or not a deed has been issued.  If a contract of  sale is rewritten, the date of the first payment under the original contract of sale shall be the date of first payment under the rewritten contract of sale.   (II)  Plan B:   It shall deposit, not later than thirty days after the end of the fiscal year in which such payments are received, fifteen percent of all payments received on account of the sale of any grave space and at least ten percent of all payments received on account of the sale of a niche or crypt.  This deposit requirement applies to all uncompleted sales contracts which carry an endowment care provision.   (III) Plan C:
(applicable only to sale of  niches or crypts in a mausoleum)   It shall deposit in its endowment care fund for such mausoleum, not later than thirteen months after the end of its fiscal year in which any sale is completed, at least ten percent of the sale price of any niche or crypt, and in case any sale has not been completed within twenty-four months after date of first payment, it shall deposit in such fund, not later than one month after the end of its fiscal year in which the last day of such twenty-four month period occurs, at least ten percent of the sales price of any niche or crypt.  A sale is completed at the time the final payment is made and no balance remains due to the cemetery authority, whether or not a deed has been issued. If a contract of sale is rewritten, the date of first payment under the original contract of sale shall be the date of first payment under the rewritten contract of sale.   
(b) As to any endowment care cemetery in operation on July 1, 1965, this subsection

(2) shall only apply to all sales contracts entered into on or after said date.   

(3)
(a) The cemetery authority of an endowment care cemetery, before commencing operation, on or after July 1, 1965, shall have on deposit in the endowment care fund a sum in accordance with the following scale:  For 10,000 or less population….................................. $10,000  For more than 10,000 but less than 20,000 population... $15,000  For 20,000 but less than 25,000 population....................$20,000  For 25,000 or more population…..................................$25,000   
(b) Population means the people residing  within a twenty-mile radius of the location of the endowment care cemetery, the population figure to be taken from the latest federal decennial census.   
(c) The cemetery authority for such endowment care cemetery shall thereafter make deposits in accordance with subsection

(2) or this section. When such deposits have reached twice the amount stated in the above table, the cemetery authority may withdraw the sum of the initial deposit in amounts equal to the amounts deposited thereafter until the initial deposit has been withdrawn.   

(4) A cemetery authority of a nonendowment care cemetery which converts to operation as an endowment care cemetery on or after July 1, 1965, shall deposit in its endowment care fund the sum of ten thousand dollars before making any further sale of any grave space or niche or crypt. The cemetery authority for such cemetery shall thereafter make deposits in accordance with subsection

(2) of this section until total deposits into the endowment care fund have reached twenty thousand dollars.  It may thereafter withdraw from the initial ten thousand dollar deposit amounts equal to the amounts of deposits thereafter made until the entire ten thousand dollar initial deposit has been withdrawn and replaced by deposits in accordance with subsection

(2) of this section.   

(5) The cemetery authority of an endowment care cemetery that constructs foundations for the setting of markers or memorials and receives payment for the care of such markers or memorials as part of the cost of foundation construction, setting charges, or itemized endowment requirements shall deposit all of said care payments in their irrevocable endowment care fund not later than one month after the end of its fiscal year in which such payments are received.   

(6) The cemetery authority of an endowment care cemetery shall keep in its principal office a copy of the report referred to in section 12-12-110, which shall be available to any grave space, niche, or crypt owner or his duly authorized representative for inspection and study.   

(7) The endowment care fund, for all purposes, shall constitute a nonprofit irrevocable trust fund. Endowment care is a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated. The income and increments and gains from such funds are for the benefit of the public for the purposes provided for in such trusts.

12-12-110. Reports.

(1) Each cemetery  authority shall keep on file annually, within three months after the end of its fiscal year, a written report setting forth:   
(a) The total amount deposited in the  endowment care fund, listing separately the total amounts paid for endowment of grave spaces, for niches, and for crypts, in accordance with the provisions of section 12-12-109;   
(b) The total amount of endowment care  funds invested in each of the investments authorized by law and the amount of cash on hand not invested;   
(c) Any other facts necessary to show the actual financial condition of the fund; and   
(d) The total number of interments and  entombments for the preceding year.   

(2) Each such report  shall be verified by the owner or by the president or the vice-president and one other officer of the cemetery authority and shall be attested to by the accountant, auditor, or other person preparing the same.   

(3) (Deleted by amendment, L. 92, p.1606, *149, effective May 20, 1992.) 12-12-111. Examination. (Repealed) 12-12-112. Disposition of fees - appropriation. (Repealed) 12-12-113. Delivery of copy of contract - required. A duplicate original or any contract entered into between a purchaser of any lot, grave space, interment right, niche, or crypt and any cemetery authority shall be given to the buyer at the time both parties become bound by the contract and any consideration whatsoever is given by the buyer and retained pursuant to the contract by the cemetery authority. 12-12-114.  Discrimination. There shall be no limitation, restriction, or covenant based upon race, color, national origin, or ancestry on the size, placement, location, sale, or transfer of any cemetery grave space, niche, or crypt or in the interment of a deceased person. 12-12-115.  Violations - penalties - injunction.

(1)   It is unlawful for any person to sell or offer to sell a grave space, niche, or crypt upon the promise, representation, or inducement of resale  at a financial profit.   

(2)  (Deleted by amendment, L. 92, p.1607, * 152, effective May 20, 1992.)   

(3)  Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and Imprisonment. Whenever any person has reason to believe that any person is liable to punishment under this article, such person may certify the facts to the district attorney of the judicial district in which the alleged violation occurred who shall cause appropriate proceedings to be brought.   

(4)  (Deleted by amendment, L. 92, p.1607, *152, effective May 20, 1992.) (Return to top)    Cemetery Companies 7-47-101. who may organize - powers.  7-47-lot May acquire land.  7-47-103. Land surveyed and platted.  7-47-104. Disposition of proceeds of sales of lots.  7-47-105. Rights of previous lot owners.  7-47-106. Property exempt from taxes, attachment.  7-47-107. Property not exempt, when.  7-47-lO8. Not applicable, when. 7-47-101. Who may organize - powers.

(1)Three or more persons may associate them-selves together under the provisions of law, for the purpose of procuring and establishing a cemetery or place of sepulture, and they shall, upon association and compliance with the provisions of law, be a body politic and corporate; may sue and be sued; may have a common seal which may be altered at pleasure; may purchase, hold, and convey real and personal estate; may choose a president and other officers; may enact bylaws for regulating the affairs of the corporation, not inconsistent with the laws of this state, and compel the observance thereof by suitable penalties; and may do all acts necessary for the well ordering of the affairs of such corporation.   

(2) A corporation organized under the "Colorado Nonprofit Corporation Act" shall have at of the rights and power, granted by this article to the extent not inconsistent with said act, if such nonprofit corporation otherwise complies with the terms and provisions of this article. 7-47-102. May acquire land. Any corporation organized under the laws of this state to establish and maintain a cemetery or burial place for the dead may acquire suitable and sufficient land therefor in the manner provided by articles 1 to 7 of title 38, C.R.S. 7-47-103. Land surveyed and platted. Such corporation still cause its land, or such portion thereof as may, from time to time, become necessary for that purpose, to be surveyed into lots, avenues, and walks, and to be platted. The  plat of' ground as surveyed shall be acknowledged by some officer of the corporation and filed in the office of the  recorder of the county in which the land is situated. Each lot shall be ready numbered by the surveyor, and such number shall be marked on the plat. 7-47-104. disposition of proceeds of sale. The net proceeds arising from the sale of lots by such corporation and all other income         and revenue thereof, after paying for cemetery ground shall be exclusively applied, appropriated, and used in improving, preserving, and embellishing the cemetery and its appurtenances, and to paying the necessary expenses of the corporation, and shall not be appropriated for any purpose of profit to the corporation or its members 7-47-105. Rights of previous lot owners. If  the grounds purchased or otherwise acquired for cemetery purposes have been previously used as a burial ground, those who are lot owners at the time of the purchase shall continue to own the same and shall be members of the corporation. 7-47-106. Property exempt from taxes, attachment, All the property of such corporation used or owned for the purposes of this article shall be exempt from taxation, assessment, lien, attachment, and levy and sale upon execution, except for the purchase price of the property. 7-47-107. Property not exempt, when. The property of any corporation or association organized under the laws or this state to establish and maintain a cemetery for the purposes of profit shall not be exempt from taxation, liens, or levy and sale until actually sold or disposed of for cemetery purposes; and when any block, lot, or parcel of land has been disposed of for cemetery purposes or burial sites for the dead the me, with streets, walks, and avenues leading thereto, shall be exempt as provided by section  7-47-106. 7-47-108. Not applicable, when. The provisions or section 7-47-l04 shall not apply to any association or corporation organized under the laws of this state to maintain a cemetery for profit. (Return to top)  Removal of cemeteries. 25-1-654. Removal of cemetery in cities.  Whenever the trustees of any incorporated town or village or the council of any city or city and county shall, by resolution adopted by them, determine that the remains of the deceased persons buried in any public cemetery or in any tract of ground, public or private, whether or not the same has been designated or dedicated as a public cemetery, should be removed therefrom for the reason that such cemetery or burial ground has been abandoned, endangers the health of the people of the municipality passing said resolution, or is needed for another public purpose by such municipality, the district court of the county in which such cemetery or burial ground is located is authorized to order vacation of the same, or any part thereof, on written petition of said municipality as provided in section 25-1-656. 25-1-655. Removal of cemetery in counties. When the board of county commissioners of any county sitting as a board of health for said county shall, by written resolution duly adopted by it, determine that the remains of deceased persons buried in any public cemetery or in any tract of ground, public or private, whether or not the same has been designated or dedicated as a public cemetery, and located in said county outside of the limits of any incorporated town, village, or city should be removed therefrom for the reason that such cemetery or burial ground has been abandoned, or has become commons, or endangers the health or the people living in the immediate vicinity thereof, or through neglect and nonuse is in danger of damage, destruction, desecration, or obliteration, then the district court of the county in which any such cemetery or burial ground is located is authorized to order vacation of the same or any part thereof in the written petition of said board of county commissioners. For the purposes of sections 25-1-654 to 25-1-659, the word "city” includes "city and county". 25-1-656. Contents of petition - hearing.

(1) Said petition shall show, as particularly as can by due diligence be ascertained, the names or all persons buried in said cemetery or burial ground whose remains are sought to be removed and the names, residences, and relationship to the decedent of their next of kin.   

(2) The court shall by order fix a day for the hearing of such petition not less than six weeks from the date of such order and shall cause notice thereof, including the name and location of said cemetery or burial ground, the names of such deceased persons, and the names of next of kin, to be given by publication at least once each week for three successive weeks in some newspaper published in said county, and by personal service on all next of kin residing in this state at least twenty days before such hearing, and by the clerk of said court mailing copies of such petition and notice to all next of kin residing out of this state whose addresses are shown in said petition or otherwise properly brought to the attention of the court at least six weeks before such hearing. Publication of said notice shall be proved by the affidavit of the publisher or manager of said newspaper, and mailing of said notice shall be proved by the certificate of the clerk of said court. No notice by personal service or mailing shall be required to be given to any person of full age who, by writing duly acknowledged or signed in open court, consents to the hearing or that the prayer of the petition be granted. If the names of persons buried whose remains are sought to be removed or the names of their next of kin or any of them are unknown, the notice shall so state. 25-l-657. Answer to petition. At or before the time fixed for the hearing, any person interested may appear and answer said petition and consent or object to the granting to the prayer  thereof. 25-1-658. Order of removal - costs. The court, at the time fixed for said hearing or at the time to which said hearing may be continued, after hearing the evidence may enter its order granting or denying the prayer or said petition,  and the court in its order may prescribe the terms of any such vacation and may require said county, city and county, or municipality to reinter all bodies and relocate all monuments located in said cemetery or burial ground, authorized in said order to be vacated, in a cemetery or tract of ground located in said county to be purchased by said county, city and county, or municipality and set apart for cemetery use. The expense of such removals and reinterment and  the relocation of monuments and the costs of  providing the necessary burial ground therefor shall be borne by the respective county, city and  county, or municipality.

10-15-117. Reinstatement of license.

The commissioner may reinstate a suspended license or issue a new license to a person whose license has been revoked if no fact or condition then exists which clearly would have justified the commissioner in refusing originally to issue such license and the violations of this article which preceded the suspension or revocation of the license have been corrected.

Source: L. 95: Entire article R&RE, p. 1045, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. This section, as it existed in 1995, was the same as § 10-15-117 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-117 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-118. Violation.

(1) Any person who violates any provision of this article commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Any person who violates the trust fund provisions of this article or any other misappropriation of funds commits theft pursuant to section 18-4-401, C.R.S.

(2) The commissioner may apply to a court of competent jurisdiction for the appointment of a receiver if the commissioner determines that such appointment is necessary to protect the interests of the contract buyers.

Source: L. 95: Entire article R&RE, p. 1045, § 1, effective May 25. L. 2002:

(1) amended, p. 1468, § 28, effective October 1.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-118 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-118 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

Cross references: For the legislative declaration contained in the 2002 act amending subsection

(1), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

Am. Jur.2d. See 43 Am. Jur.2d, Insurance, § 25. C.J.S. See 44 C.J.S., Insurance, §§ 91, 93. Due process requires that terms of penal statute be explicit. The terms of a penal statute creating a new offense, such as this section, must be sufficiently explicit to inform those who are subject to its provisions, and what conduct on their part will render them liable to its penalties. Memorial Trusts, Inc. v. Beery, 144 Colo. 448, 356 P.2d 884

(1960)
(decided prior to L. 61, p. 476, § 16, the earliest source of this section).

10-15-119. Immunity from prosecution.

(1) If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture, and, notwithstanding such request, the commissioner directs such person to give such testimony or produce such evidence, such person shall nonetheless comply with such direction but the person shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person testifies or produces evidence pursuant thereto; and no testimony so given or evidence so produced shall be received against such person upon any criminal action, investigation, or proceeding. However, no person who has filed a waiver pursuant to subsection

(3) of this section shall be immune from prosecution on account of testimony given or evidence produced.

(2) No person so testifying shall be exempt from prosecution or punishment for any perjury in the first degree committed by the person while so testifying, and the testimony or evidence so given or produced shall be admissible against the person upon any criminal action, investigation, or proceeding concerning such perjury; nor shall the person be exempt from the refusal, revocation, or suspension of any license, permission, or authority conferred, or to be conferred, pursuant to the laws of this state.

(3) Any person may execute, acknowledge, and file in the office of the commissioner a statement expressly waiving his or her immunity or privilege with respect to any transaction, matter, or thing specified in such statement, and thereupon the testimony of such person or such evidence in relation to such transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or other authority, and if it is so received or produced, such individual shall not be entitled to any immunity or privilege on account of such testimony so given or evidence so produced. A waiver executed pursuant to this subsection

(3) shall be valid only if it is:
(a) Entered into voluntarily;
(b) Executed by a person with the intellectual capacity to understand the consequences of executing such a waiver;
(c) Not executed under threat, coercion, or duress; and
(d) (I) Entered into knowingly. (II) For purposes of this paragraph
(d), a waiver is entered into knowingly when the person executing such waiver has been informed of his or her right to confer with independent legal counsel.

Source: L. 95: Entire article R&RE, p. 1045, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-119 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1992, were similar to those contained in § 10-15-119 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

Cross references: For perjury in the first degree, see § 18-8-502.

10-15-120. Rule against perpetuities inapplicable.

No trust created pursuant to the provisions of this article, nor any interest therein, shall be deemed to be invalid by any existing law or rule against perpetuities or accumulations or suspension of the power of alienation and such trust and any interest therein may continue for such time as may be necessary to accomplish the purposes for which it may be created.

Source: L. 95: Entire article R&RE, p. 1046, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. This section, as it existed in 1995, was the same as § 10-15-120 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article. This section, as it existed in 1992, was the same as § 10-15-121 as said section existed in 1991, the year prior to the first repeal and reenactment of this article.

10-15-121. Other insurance laws applicable.

In addition to the provisions of this article, the provisions of article 1 of this title and parts 9 and 11 of article 3 of this title, except as they are inconsistent with the provisions or purposes of this article, shall apply to any person regulated pursuant to this article.

Source: L. 95: Entire article R&RE, p. 1046, § 1, effective May 25.

Editor's note: This section was contained in an article that was repealed and reenacted in 1992 and 1995. Provisions of this section, as it existed in 1995, were similar to those contained in § 10-15-121 as said section existed in 1994, the year prior to the most recent repeal and reenactment of this article.

ANNOTATION

Am. Jur.2d. See 61 Am. Jur.2d, Perpetuities and Restraints on Alienation, §§ 6, 12. C.J.S. See 70 C.J.S., Perpetuities, § 10.

ARTICLE 12 CEMETERIES

Cross references: For preneed funeral contracts, see article 15 of title 10. Section 12-12-101. Definitions. 12-12-102. Cemetery board - appointment - terms - qualifications - compensation - officers - meetings. (Repealed) 12-12-103. Organization as endowment care cemetery - when. 12-12-104. Nonendowment section in endowment care cemetery. 12-12-105. Acquisition of land. 12-12-106. Plats of land to be recorded. 12-12-107. License and renewal. (Repealed) 12-12-108. Suspension, revocation, and reinstatement of licenses. (Repealed) 12-12-109. Endowment care fund. 12-12-110. Reports. 12-12-111. Examination. (Repealed) 12-12-112. Disposition of fees - appropriation. (Repealed) 12-12-113. Delivery of copy of contract - required. 12-12-113.5. Burial memorial - changes - notice of ownership. 12-12-114. Discrimination. 12-12-115. Violations - penalties. 12-12-116. Abandoned graves - right to reclaim.

12-12-101. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Burial memorial" means any type of gravestone, tombstone, headstone, memorial, monument, or marker that commemorates the permanent disposition of the remains of a human body either below or above the surface of the ground.

(1.5) "Cemetery" means any place, including a mausoleum, in which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies. "Cemetery" does not include a cemetery that is owned, operated, or maintained by a government or governmental agency, by a church or synagogue, by a labor organization, by a cooperative association as defined in section 7-55-101, C.R.S., by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt from the payment of state income tax and that has as its main business something other than the ownership, operation, or maintenance of any business connected with the burial of the dead.

(2) "Cemetery authority" means any person who owns, maintains, or operates a cemetery.

(2.5) Repealed.

(3) "Endowment care cemetery" means any cemetery, the authority of which does, or represents to the public that it does, collect funds for the purpose of caring for, maintaining, or embellishing the cemetery to preserve it from becoming unkempt or a place of reproach and desolation. It does not include a cemetery which is owned, operated, or maintained by a government or governmental agency, by a church, by a labor organization, by a cooperative association as defined in section 7-55-101, C.R.S., by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt from the payment of state income tax and which has as its main purpose something other than the ownership, operation, or maintenance of any business connected with burial of the dead.

(4) "Grave space" means any space in the ground for the interment of the remains of a human body.

(4.5) "Inscription" means any words or symbols on a burial memorial.

(5) "Interment" means the permanent disposition of the remains of a deceased person by cremation, inurnment, entombment, or burial.

(6) "Niche" or "crypt" means a space in any structure above the ground for the interment of the remains of a human body.

(7) "Nonendowment care cemetery" means any cemetery other than an endowment care cemetery.

(8) "Person" means a person as defined by section 2-4-401

(8), C.R.S.

Source: L. 65: p. 641, § 15. C.R.S. 1963: § 61-3-15. L. 76:

(2.5) added, p. 397, § 2, effective April 3. L. 92:

(2.5) repealed, p. 1606, § 146, effective May 20. L. 2004:

(1) amended and

(1.5) and

(4.5) added, p. 259, § 1, effective April 5.

12-12-103. Organization as endowment care cemetery - when.

Any person who, after July 1, 1965, establishes or acquires a cemetery within twenty miles from the exterior boundary of any city with a population of five thousand or more, according to the latest federal decennial census, shall be organized as an endowment care cemetery.

Source: L. 65: p. 639, § 11. C.R.S. 1963: § 61-3-11.

ANNOTATION

Am. Jur.2d. See 14 Am. Jur.2d, Cemeteries, § 11.

12-12-104. Nonendowment section in endowment care cemetery.

Any cemetery authority of an endowment care cemetery which has a nonendowed section that is used only as single graves for indigents may continue to donate said graves for the burial of indigents. Nothing in this article shall be construed to prevent a cemetery authority of an endowed care cemetery from donating such a grave space for the burial of an indigent person without placing money in the endowment care fund for such space.

Source: L. 65: p. 639, § 9. C.R.S. 1963: § 61-3-9.

12-12-105. Acquisition of land.

Any cemetery authority may acquire suitable and sufficient land for a cemetery in a manner provided by articles 1 to 7 of title 38, C.R.S.

Source: L. 65: p. 639, § 10. C.R.S. 1963: § 61-3-10. L. 92: Entire section amended, p. 1606, § 147, effective May 20.

ANNOTATION

Am. Jur.2d. See 14 Am. Jur.2d, Cemeteries, §§ 5, 6. C.J.S. See 14 C.J.S., Cemeteries, §§ 16-19.

12-12-106. Plats of land to be recorded.

Any cemetery authority shall cause its land or such portion thereof as may become necessary for that purpose to be surveyed into blocks, lots, avenues, and walks and platted. The plat of ground as surveyed shall be acknowledged by some officer of the cemetery authority and filed for record in the office of the clerk and recorder of the county in which the land is situated. Each block or lot shall be regularly numbered by the surveyor, and such numbers shall be marked on the plat.

Source: L. 65: p. 639, § 12. C.R.S. 1963: § 61-3-12. L. 92: Entire section amended, p. 1606, § 148, effective May 20.

ANNOTATION

Am. Jur.2d. See 14 Am. Jur.2d, Cemeteries, § 5. C.J.S. See 14 C.J.S., Cemeteries, § 18.

12-12-109. Endowment care fund.

(1) A cemetery authority of an endowment care cemetery shall establish an irrevocable endowment care fund for each endowment care cemetery owned, maintained, or operated by it in a state bank or trust company authorized to act as fiduciary and under the supervision of the banking board or in a national banking association authorized to act as fiduciary or in a state or federally chartered savings and loan association authorized to act as a fiduciary. Such endowment care fund shall be invested in investments lawful for trustees, which shall not include investments in nor mortgages on property owned or contracted for by the cemetery authority or any owned or affiliated company.

(2)
(a) A cemetery authority of an endowment care cemetery shall make deposits in the endowment care fund or, if it operates more than one endowment care fund, in the appropriate endowment care fund, in accordance with one of the following plans: (I) Plan A: It shall deposit in such fund not more than thirty days after any sale is completed at least fifteen percent of the sales price of any grave space and at least ten percent of the sales price of any crypt or niche, and in case any sale has not been completed within sixty months after date of first payment, it shall deposit in such fund, not later than one month after the sixtieth month, at least fifteen percent of the sales price of any grave space and at least ten percent of the sales price of any crypt or niche. A sale is completed at the time the final payment is made and no balance remains due to the cemetery authority, whether or not a deed has been issued. If a contract of sale is rewritten, the date of the first payment under the original contract of sale shall be the date of first payment under the rewritten contract of sale. (II) Plan B: It shall deposit, not later than thirty days after the end of the fiscal year in which such payments are received, fifteen percent of all payments received on account of the sale of any grave space and at least ten percent of all payments received on account of the sale of a niche or crypt. This deposit requirement applies to all uncompleted sales contracts which carry an endowment care provision. (III) Plan C:
(applicable only to sale of niches or crypts in a mausoleum) It shall deposit in its endowment care fund for such mausoleum, not later than thirteen months after the end of its fiscal year in which any sale is completed, at least ten percent of the sale price of any niche or crypt, and in case any sale has not been completed within twenty-four months after date of first payment, it shall deposit in such fund, not later than one month after the end of its fiscal year in which the last day of such twenty-four month period occurs, at least ten percent of the sales price of any niche or crypt. A sale is completed at the time the final payment is made and no balance remains due to the cemetery authority, whether or not a deed has been issued. If a contract of sale is rewritten, the date of first payment under the original contract of sale shall be the date of first payment under the rewritten contract of sale.
(b) As to any endowment care cemetery in operation on July 1, 1965, this subsection

(2) shall only apply to all sales contracts entered into on or after said date.

(3)
(a) The cemetery authority of an endowment care cemetery, before commencing operation, on or after July 1, 1965, shall have on deposit in the endowment care fund a sum in accordance with the following scale: For 10,000 or less population $10,000 For more than 10,000 but less than 20,000 population $15,000 For 20,000 but less than 25,000 population $20,000 For 25,000 or more population $25,000
(b) "Population" means the people residing within a twenty-mile radius of the location of the endowment care cemetery, the population figure to be taken from the latest federal decennial census.
(c) The cemetery authority for such endowment care cemetery shall thereafter make deposits in accordance with subsection

(2) of this section. When such deposits have reached twice the amount stated in the above table, the cemetery authority may withdraw the sum of the initial deposit in amounts equal to the amounts deposited thereafter until the initial deposit has been withdrawn.

(4) A cemetery authority of a nonendowment care cemetery which converts to operation as an endowment care cemetery on or after July 1, 1965, shall deposit in its endowment care fund the sum of ten thousand dollars before making any further sale of any grave space or niche or crypt. The cemetery authority for such cemetery shall thereafter make deposits in accordance with subsection

(2) of this section until total deposits into the endowment care fund have reached twenty thousand dollars. It may thereafter withdraw from the initial ten thousand dollar deposit amounts equal to the amounts of deposits thereafter made until the entire ten thousand dollar initial deposit has been withdrawn and replaced by deposits in accordance with subsection

(2) of this section.

(5) The cemetery authority of an endowment care cemetery that constructs foundations for the setting of markers or memorials and receives payment for the care of such markers or memorials as part of the cost of foundation construction, setting charges, or itemized endowment requirements shall deposit all of said care payments in their irrevocable endowment care fund not later than one month after the end of its fiscal year in which such payments are received.

(6) The cemetery authority of an endowment care cemetery shall keep in its principal office a copy of the report referred to in section 12-12-110, which shall be available to any grave space, niche, or crypt owner or his duly authorized representative for inspection and study.

(7) The endowment care fund, for all purposes, shall constitute a nonprofit irrevocable trust fund. Endowment care is a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming unkempt and places of reproach and desolation in the communities in which they are situated. The income and increments and gains from such funds are for the benefit of the public for the purposes provided for in such trusts.

Source: L. 65: p. 635, § 5. C.R.S. 1963: § 61-3-5. L. 67: p. 486, § 1. L. 88:

(1) amended, p. 418, § 11, effective April 11. L. 2004:

(1) amended, p. 152, § 64, effective July 1.

12-12-110. Reports.

(1) Each cemetery authority shall keep on file annually, within three months after the end of its fiscal year, a written report setting forth:
(a) The total amount deposited in the endowment care fund, listing separately the total amounts paid for endowment of grave spaces, for niches, and for crypts, in accordance with the provisions of section 12-12-109;
(b) The total amount of endowment care funds invested in each of the investments authorized by law and the amount of cash on hand not invested;
(c) Any other facts necessary to show the actual financial condition of the fund; and
(d) The total number of interments and entombments for the preceding year.

(2) Each such report shall be verified by the owner or by the president or the vice-president and one other officer of the cemetery authority and shall be attested to by the accountant, auditor, or other person preparing the same.

(3) (Deleted by amendment, L. 92, p. 1606, § 149, effective May 20, 1992.)

Source: L. 65: p. 637, § 7. C.R.S. 1963: § 61-3-7. L. 76: IP

(1) and

(3) amended, p. 398, § 5, effective April 3. L. 92: Entire section amended, p. 1606, § 149, effective May 20.

12-12-113. Delivery of copy of contract - required.

A duplicate original of any contract entered into between a purchaser of any lot, grave space, interment right, niche, or crypt and any cemetery authority shall be given to the buyer at the time both parties become bound by the contract and any consideration whatsoever is given by the buyer and retained pursuant to the contract by the cemetery authority.

Source: L. 65: p. 640, § 13. C.R.S. 1963: § 61-3-13. L. 76: Entire section amended, p. 399, § 8, effective April 3. L. 92: Entire section amended, p. 1607, § 151, effective May 20.

12-12-113.5. Burial memorial - changes - notice of ownership.

(1) No person other than the owner of a burial memorial or a person authorized by the owner of the burial memorial shall make a change to the inscription on such burial memorial.

(2) If a burial memorial is to be placed at a grave space, niche, or crypt that is purchased on or after July 1, 2004, the cemetery authority shall give written notice to the purchaser of the grave space, niche, or crypt of who shall be the owner of such burial memorial and, as owner, who shall be entitled to make or authorize a change to the inscription on such burial memorial.

(3) Any person violating the provisions of subsection

(1) of this section commits the crime of defacing property as defined in section 18-4-509

(1)
(b), C.R.S.

Source: L. 2004: Entire section added, p. 260, § 2, effective April 5.

12-12-114. Discrimination.

There shall be no limitation, restriction, or covenant based upon race, color, national origin, or ancestry on the size, placement, location, sale, or transfer of any cemetery grave space, niche, or crypt or in the interment of a deceased person.

Source: L. 65: p. 637, § 6. C.R.S. 1963: § 61-3-6.

ANNOTATION

Am. Jur.2d. See 14 Am. Jur.2d, Cemeteries, § 38. C.J.S. See 14 C.J.S., Cemeteries, §§ 27-29.

12-12-115. Violations - penalties.

(1) It is unlawful for any person to sell or offer to sell a grave space, niche, or crypt upon the promise, representation, or inducement of resale at a financial profit.

(2) (Deleted by amendment, L. 92, p. 1607, § 152, effective May 20, 1992.)

(3) Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Whenever any person has reason to believe that any person is liable to punishment under this article, such person may certify the facts to the district attorney of the judicial district in which the alleged violation occurred who shall cause appropriate proceedings to be brought.

(4) (Deleted by amendment, L. 92, p. 1607, § 152, effective May 20, 1992.)

Source: L. 65: p. 640, § 14. C.R.S. 1963: § 61-3-14. L. 76:

(3) and

(4) amended, p. 399, § 9, effective April 3. L. 92: Entire section amended, p. 1607, § 152, effective May 20.

12-12-116. Abandoned graves - right to reclaim.

(1) If there is a lot, grave space, niche, or crypt in a cemetery in which no remains have been interred, no burial memorial has been placed, and no other improvement has been made for a continuous period of no less than seventy-five years, a cemetery authority may initiate the process of reclaiming title to the lot, grave space, niche, or crypt in accordance with this section.

(2) A cemetery authority seeking to reclaim a lot, grave space, niche, or crypt shall:
(a) Send written notice of the cemetery authority's intent to reclaim title to the lot, grave space, niche, or crypt to the owner's last-known address by first-class mail; and
(b) Publish a notice of the cemetery authority's intent to reclaim title to the lot, grave space, niche, or crypt in a newspaper of general circulation in the area in which the cemetery is located once per week for four weeks.

(3) The notice required by subsection

(2) of this section shall clearly indicate that the cemetery authority intends to terminate the owner's rights and title to the lot, grave space, niche, or crypt and include a recitation of the owner's right to notify the cemetery authority of the owner's intent to retain ownership of the lot, grave space, niche, or crypt.

(4) If the cemetery authority does not receive from the owner of the lot, grave space, niche, or crypt a letter of intent to retain ownership of the lot, grave space, niche, or crypt within sixty days after the last publication of the notice required by paragraph
(b) of subsection

(2) of this section, all rights and title to the lot, grave space, niche, or crypt shall transfer to the cemetery authority. The cemetery authority may then sell, transfer, or otherwise dispose of the lot, grave space, niche, or crypt without risk of liability to the prior owner of the lot, grave space, niche, or crypt.

(5) A cemetery authority that reclaims title to a lot, grave space, niche, or crypt in accordance with this section shall retain in its records for no less than one year a copy of the notice sent pursuant to paragraph
(a) of subsection

(2) of this section and a copy of the notice published pursuant to paragraph
(b) of subsection

(2) of this section.

(6) If a person submits to a cemetery authority a legitimate claim to a lot, grave space, niche, or crypt that the cemetery authority has reclaimed pursuant to this section, the cemetery authority shall transfer to the person at no charge a lot, grave space, niche, or crypt that, to the extent possible, is equivalent to the reclaimed lot, grave space, niche, or crypt.

(7) Notwithstanding any provision of law to the contrary, on and after August 7, 2006, a cemetery authority shall not convey title to the real property surveyed as a lot in a cemetery for use as a burial space. A cemetery authority may grant interment rights to a lot, grave space, niche, or crypt in a cemetery.

Source: L. 2006: Entire section added, p. 442, § 2, effective August 7.

Editor's note: Section 5 of chapter 128, Session Laws of Colorado 2006, provides that the act enacting this section applies to cemetery lots, grave spaces, niches, and crypts purchased before, on, or after August 7, 2006. ——————————

18-13-101. Abuse of a corpse.

(1) A person commits abuse of a corpse if, without statutory or court-ordered authority, he or she:
(a) Removes the body or remains of any person from a grave or other place of sepulcher without the consent of the person who has the right to dispose of the remains pursuant to section 15-19-106, C.R.S; or
(b) Treats the body or remains of any person in a way that would outrage normal family sensibilities.

(2) Abuse of a corpse is a class 2 misdemeanor.

Source: L. 71: R&RE, p. 483, § 1. C.R.S. 1963: § 40-13-101. L. 2005: Entire section amended, p. 206, § 1, effective July 1.

ANNOTATION

Am. Jur.2d. See 22 Am. Jur.2d, Dead Bodies, §§ 41, 42, 50, 74, 79-83. Applied in People v. Bookman, 646 P.2d 924 (Colo. 1982).

12-54-108. Exceptions - safe harbor.

(1) This part 1 shall not apply to, or in any way interfere with, the duties of the following persons:
(a) An officer of a public institution;
(b) An officer of a medical college, county medical society, anatomical association, or college of embalming; or
(c) A person acting under the authority of part 2 of article 34 of this title.

(2)
(a) This part 1 shall not apply to, nor in any way interfere with, any custom or rite of any religious sect in the burial of its dead, and the members and followers of such religious sect may continue to care for, prepare, and bury the bodies of deceased members of such religious sect, free from any term or condition, or any provision of this part 1, and are not subject to this part 1, so long as the dead human body is refrigerated, frozen, embalmed, interred, or cremated within seven days after death.
(b) If a dead human body is refrigerated or embalmed pursuant to paragraph
(a) of this subsection

(2), the body shall be interred, frozen, or cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this paragraph
(b) unless the applicant can demonstrate a legitimate delay caused by unforseen uncontrollable circumstances or by a criminal investigation.
(c) Notwithstanding the provisions of this subsection

(2), upon the receipt of evidence that the dead human body likely contained a serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection

(2).

(3) Any person who provides the sole service of selling or offering for sale caskets shall not be subject to the provisions of this article.

(4) If a funeral director or embalmer has acted in good faith, the funeral director or embalmer may rely on a signed statement from a person with the right of final disposition under section 15-19-106, C.R.S., that:
(a) The person knows of no document expressing the deceased's wishes for final disposition that qualifies to direct the final disposition under section 15-19-104, C.R.S.;
(b) The person has made a reasonable effort under section 15-19-106, C.R.S., to contact each person with the right of final disposition and to learn his or her wishes; and
(c) The person knows of no objections to the final disposition.

(5)
(a) A funeral director or embalmer may dispose of cremated remains at the expense of the person with the right of final disposition three hundred sixty-five days after cremation if the funeral director has given clear prior notice of this provision and has given such person a reasonable opportunity to collect the cremated remains, if the funeral director or embalmer records the exact location of the disposition and the costs associated with the disposition and the recovery of the cremated remains is possible. Recovery of costs shall be limited to a reasonable amount of the costs actually expended by the funeral director.
(b) If the person was cremated prior to July 1, 2003, and the funeral director reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection

(5), the funeral director may dispose of cremated remains in accordance with this subsection

(5) notwithstanding a failure to provide the notice of the provisions of this subsection

(5) to the person with the right of final disposition prior to disposing of the remains.

Source: L. 2003: Entire part amended with relocations, p. 1922, § 1, effective July 1. L. 2004: IP

(4),

(4)
(a), and

(4)
(b) amended, p. 1196, § 44, effective August 4.

Editor's note: This section was formerly numbered as § 12-54-119 and the former § 12-54-108 was relocated to § 12-54-103.

ARTICLE 34 DEAD HUMAN BODIES

Cross references: For the definition of "death", see § 12-36-136; for designation on drivers' licenses for anatomical gifts, see § 42-2-107; for authorization to take pituitary glands, see § 30-10-621; for limitation of liability regarding transplants or transfusions of blood, see § 13-22-104; for the donation of human tissue, organ, or blood or a component thereof under the "Uniform Commercial Code", see § 4-2-102. Section PART 1 REVISED UNIFORM ANATOMICAL GIFT ACT 12-34-101. Short title. 12-34-102. Definitions. 12-34-103. Applicability. 12-34-104. Who may make anatomical gift before donor's death. 12-34-105. Manner of making anatomical gift before donor's death. 12-34-106. Amending or revoking anatomical gift before donor's death. 12-34-107. Refusal to make anatomical gift - effect of refusal. 12-34-108. Preclusive effect of anatomical gift, amendment, or revocation. 12-34-109. Who may make anatomical gift of decedent's body or part. 12-34-110. Manner of making, amending, or revoking anatomical gift of decedent's body or part. 12-34-111. Persons that may receive anatomical gift - purpose of anatomical gift. 12-34-112. Search and notification. (Reserved) 12-34-113. Delivery of document of gift not required - right to examine. 12-34-114. Rights and duties of procurement organization and others. 12-34-115. Coordination of procurement and use. 12-34-116. Sale or purchase of parts prohibited. 12-34-117. Other prohibited acts. 12-34-118. Immunity. 12-34-119. Law governing validity - choice of law as to execution of document of gift - presumption of validity. 12-34-120. Donor registry. 12-34-121. Effect of anatomical gift on advance health-care directive. 12-34-122. Cooperation between coroner and procurement organization. 12-34-123. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner. 12-34-124. Uniformity of application and construction. 12-34-125. Relation to "Electronic Signatures in Global and National Commerce Act". PART 2 UNCLAIMED HUMAN BODIES 12-34-201. Board for distribution of unclaimed human bodies. 12-34-202. Duty of public officers as to unclaimed bodies. 12-34-203. Claiming of body - publication of notice. 12-34-204. Disposition of all or any portion of body after death - nonliability. 12-34-205. Unlawful to hold autopsy - when. 12-34-206. Holding of body for twenty days. 12-34-207. Disposition of remains. 12-34-208. Expense to be borne by institutions. 12-34-209. Penalty. ——————————

12-34-101. Short title.

This part 1 shall be known and may be cited as the "Revised Uniform Anatomical Gift Act".

Source: L. 2007: Entire part R&RE, p. 779, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-101 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982). For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439

(1983). For article, "Organ Donation Update", see 13 Colo. Law. 612

(1984). For article, "Uniform State Laws of Interest to Colorado Probate Lawyers", see 14 Colo. Law. 1961

(1985). Applied in Lovato v. District Court, 198 Colo. 419, 601 P.2d 1072

(1979)
(decided prior to the 2007 repeal and reenactment of this part 1).

12-34-102. Definitions.

In this part 1:

(1) "Adult" means an individual who is at least eighteen years of age.

(2) "Agent" means an individual: (A) Authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or (B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

(3) "Anatomical gift" means a donation of all or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research, or education.

(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this part 1, a fetus.

(5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under section 12-34-111.

(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.

(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.

(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(9) "Driver's license" means a license or permit issued by the department of revenue to operate a vehicle, whether or not conditions are attached to the license or permit.

(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.

(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.

(13) "Identification card" means an identification card issued by the department of revenue or the department's agent.

(14) "Know" means to have actual knowledge.

(15) "Minor" means an individual who is under eighteen years of age.

(16) "Organ procurement organization" means a person designated by the secretary of the United States department of health and human services as an organ procurement organization.

(17) "Parent" means a parent whose parental rights have not been terminated.

(18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.

(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.

(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

(22) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.

(23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

(25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(26) "Refusal" means a record created under section 12-34-107 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

(27) "Sign" means, with the present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process.

(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.

(30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

Source: L. 2007: Entire part R&RE, p. 779, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-102 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, §§ 86, 87.

12-34-103. Applicability.

This part 1 applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Source: L. 2007: Entire part R&RE, p. 782, § 1, effective July 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, §§ 86, 87. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982). For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439

(1983). For article, "The Bequest of Life: Organ and Tissue Donation as Part of a Thorough Estate Plan," see 25 Colo. Law. 40 (April 1996).

12-34-104. Who may make anatomical gift before donor's death.

Subject to section 12-34-108, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 12-34-105 by:

(1) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under state law to apply for a driver's license because the donor is at least sixteen years of age;

(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) A parent of the donor, if the donor is an unemancipated minor; or

(4) The donor's guardian.

Source: L. 2007: Entire part R&RE, p. 782, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-103

(1) as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, § 89. Law reviews. For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439

(1983).

12-34-105. Manner of making anatomical gift before donor's death.

(a) A donor may make an anatomical gift:

(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;

(2) In a will;

(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) As provided in subsection
(b) of this section.
(b) A donor or other person authorized to make an anatomical gift under section 12-34-104 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) State that it has been signed and witnessed as provided in paragraph

(1) of this subsection
(b).
(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.

Source: L. 2007: Entire part R&RE, p. 782, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-105 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, §§ 89, 93, 94. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982).

12-34-106. Amending or revoking anatomical gift before donor's death.

(a) Subject to section 12-34-108, a donor or other person authorized to make an anatomical gift under section 12-34-104 may amend or revoke an anatomical gift by:

(1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection
(b) of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subparagraph (C) of paragraph

(1) of subsection
(a) of this section must:

(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) State that it has been signed and witnessed as provided in paragraph

(1) of this subsection
(b).
(c) Subject to section 12-34-108, a donor or other person authorized to make an anatomical gift under section 12-34-104 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection
(a) of this section.

Source: L. 2007: Entire part R&RE, p. 783, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-107 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, §§ 95, 96. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982).

12-34-107. Refusal to make anatomical gift - effect of refusal.

(a) An individual may refuse to make an anatomical gift of the individual's body or part by:

(1) A record signed by: (A) The individual; or (B) Subject to subsection
(b) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign;

(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to subparagraph (B) of paragraph

(1) of subsection
(a) of this section must:

(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and

(2) State that it has been signed and witnessed as provided in paragraph

(1) of this subsection
(b).
(c) An individual who has made a refusal may amend or revoke the refusal:

(1) In the manner provided in subsection
(a) of this section for making a refusal;

(2) By subsequently making an anatomical gift pursuant to section 12-34-105 that is inconsistent with the refusal; or

(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in section 12-34-108
(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

Source: L. 2007: Entire part R&RE, p. 784, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-107 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, § 96. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982).

12-34-108. Preclusive effect of anatomical gift, amendment, or revocation.

(a) Except as otherwise provided in subsection
(g) of this section and subject to subsection
(f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 12-34-105 or an amendment to an anatomical gift of the donor's body or part under section 12-34-106.
(b) A donor's revocation of an anatomical gift of the donor's body or part under section 12-34-106 is not a refusal and does not bar another person specified in section 12-34-104 or 12-34-109 from making an anatomical gift of the donor's body or part under section 12-34-105 or 12-34-110.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 12-34-105 or an amendment to an anatomical gift of the donor's body or part under section 12-34-106, another person may not make, amend, or revoke the gift of the donor's body or part under section 12-34-110.
(d) A revocation of an anatomical gift of a donor's body or part under section 12-34-106 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 12-34-105 or 12-34-110.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 12-34-104, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 12-34-104, an anatomical gift of a part for one or more of the purposes set forth in section 12-34-104 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 12-34-105 or 12-34-110.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

Source: L. 2007: Entire part R&RE, p. 785, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, were contained in several sections in 2006, the year prior to the repeal and reenactment of this part 1. For a detailed comparison, see the table located in the back of the index.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, §§ 96, 101-104. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982). For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439

(1983).

12-34-109. Who may make anatomical gift of decedent's body or part.

(a) Subject to subsections
(b) and
(c) of this section and unless barred by section 12-34-107 or 12-34-108, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(1) An agent of the decedent at the time of death who could have made an anatomical gift under section 12-34-104

(2) immediately before the decedent's death;

(2) The spouse of the decedent;

(3) Adult children of the decedent;

(4) Parents of the decedent;

(5) Adult siblings of the decedent;

(6) Adult grandchildren of the decedent;

(7) Grandparents of the decedent;

(8) An adult who exhibited special care and concern for the decedent;

(9) The persons who were acting as the guardians of the person of the decedent at the time of death; and

(10) Any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in paragraph

(1),

(3),

(4),

(5),

(6),

(7), or

(9) of subsection
(a) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 12-34-111 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection
(a) of this section is reasonably available to make or to object to the making of an anatomical gift.

Source: L. 2007: Entire part R&RE, p. 786, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-103

(2) and

(3) as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, §§ 86, 87. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982). For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439

(1983). For article, "The Bequest of Life: Organ and Tissue Donation as Part of a Thorough Estate Plan," see 25 Colo. Law. 40 (April 1996).

12-34-110. Manner of making, amending, or revoking anatomical gift of decedent's body or part.

(a) A person authorized to make an anatomical gift under section 12-34-109 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection
(c) of this section, an anatomical gift by a person authorized under section 12-34-109 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 12-34-109 may be:

(1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or

(2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under subsection
(b) of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Source: L. 2007:

(1) amended, p. 310, § 6, effective March 30; entire part R&RE, p. 787, § 1, effective July 1.

Editor's note:

(1) This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-107 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

(2) Subsection

(1) was amended in Senate Bill 07-037. Those amendments were superseded by the repeal and reenactment of this part 1 in House Bill 07-1266.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, § 96. Law reviews. For article, "Disposition of Last Remains -- Planning Aspects", see 11 Colo. Law. 2986

(1982).

12-34-111. Persons that may receive anatomical gift - purpose of anatomical gift.

(a) An anatomical gift may be made to the following persons named in the document of gift:

(1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;

(2) Subject to subsection
(b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part;

(3) An eye bank or tissue bank.
(b) If an anatomical gift to an individual under paragraph

(2) of subsection
(a) of this section cannot be transplanted into the individual, the part passes in accordance with subsection
(g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection
(a) of this section but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
(d) For the purpose of subsection
(c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection
(a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection
(g) of this section.
(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection
(g) of this section.
(g) For purposes of subsections
(b),
(e), and
(f) of this section the following rules apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph

(2) of subsection
(a) of this section, passes to the organ procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass pursuant to subsections
(a) through
(h) of this section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 12-34-105 or 12-34-110 or if the person knows that the decedent made a refusal under section 12-34-107 that was not revoked. For purposes of this subsection
(j), if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(k) Except as otherwise provided in paragraph

(2) of subsection
(a) of this section, nothing in this part 1 affects the allocation of organs for transplantation or therapy.

Source: L. 2007: Entire part R&RE, p. 787, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-104 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

12-34-113. Delivery of document of gift not required - right to examine.

(a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under section 12-34-111.

Source: L. 2007: Entire part R&RE, p. 789, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-106 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, § 95.

12-34-114. Rights and duties of procurement organization and others.

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the department of revenue and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to information in the records of the department of revenue to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this part 1, at any time after a donor's death, the person to which a part passes under section 12-34-111 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than this part 1, an examination under subsection
(c) or
(d) of this section may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under subsection
(a) of this section, a procurement organization shall make a reasonable search for any person listed in section 12-34-109 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(h) Subject to sections 12-34-111
(i) and 12-34-123, the rights of the person to which a part passes under section 12-34-111 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this part 1, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 12-34-111, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

Source: L. 2007: Entire part R&RE, p. 789, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, were contained in several sections in 2006, the year prior to the repeal and reenactment of this part 1. For a detailed comparison, see the table located in the back of the index.

ANNOTATION

Am. Jur.2d. See 22A Am. Jur.2d, Dead Bodies, §§ 101-104. Law reviews. For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439

(1983).

12-34-115. Coordination of procurement and use.

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

Source: L. 2007: Entire part R&RE, p. 791, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-108.5

(12) as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

12-34-116. Sale or purchase of parts prohibited.

(a) Except as otherwise provided in subsection
(b) of this section, a person that knowingly acquires, receives, or otherwise transfers a part for valuable consideration for transplantation may be liable as specified in 42 U.S.C. sec. 274e.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

Source: L. 2007: Entire part R&RE, p. 791, § 1, effective July 1.

12-34-117. Other prohibited acts.

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a class 1 misdemeanor as specified in section 18-1.3-501, C.R.S.

Source: L. 2007: Entire part R&RE, p. 791, § 1, effective July 1.

12-34-118. Immunity.

(a) A person that acts in accordance with this part 1 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this part 1, a person may rely upon representations of an individual listed in section 12-34-109
(a)

(2),
(a)

(3),
(a)

(4),
(a)

(5),
(a)

(6),
(a)

(7), or
(a)

(8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

Source: L. 2007: Entire part R&RE, p. 791, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-108

(3) as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

12-34-119. Law governing validity - choice of law as to execution of document of gift - presumption of validity.

(a) A document of gift is valid if executed in accordance with:

(1) This part 1;

(2) The laws of the state or country where it was executed; or

(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

Source: L. 2007: Entire part R&RE, p. 791, § 1, effective July 1.

12-34-120. Donor registry.

(a) The department of revenue may establish or contract for the establishment of a donor registry.
(b) The department of revenue shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(c) A donor registry must:

(1) Allow a donor or other person authorized under section 12-34-104 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;

(2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and

(3) Be accessible for purposes of paragraphs

(1) and

(2) of this subsection
(c) seven days a week on a twenty-four-hour basis.
(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections
(c) and
(d) of this section.

Source: L. 2007: Entire part R&RE, p. 792, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-110 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

12-34-121. Effect of anatomical gift on advance health-care directive.

(a) In this section:

(1) "Advance health-care directive" means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor.

(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(3) "Health-care decision" means any decision regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or health-care directive, and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this article to make health-care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under section 12-34-109. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.

Source: L. 2007: Entire part R&RE, p. 792, § 1, effective July 1.

Cross references: For provisions relating to a medical durable power of attorney, see § 15-14-506; for provisions relating to declarations concerning medical treatment, see article 18 of title 15; for provisions relating to proxy decision-makers for medical treatment decisions, see article 18.5 of title 15; for provisions relating to cardiopulmonary resuscitation directives, see article 18.6 of title 15.

12-34-122. Cooperation between coroner and procurement organization.

(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation or therapy.
(b) Subject to section 12-34-123, if a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, the coroner or designee shall make every reasonable effort to conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift and the medicolegal death investigation.
(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection
(c) does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.

Source: L. 2007: Entire part R&RE, p. 793, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-108.5

(8)
(c) as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

12-34-123. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.

(a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for transplantation or therapy, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.
(c) A person that has any information requested by a coroner pursuant to subsection
(b) of this section shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation or therapy.
(d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is not required, or the coroner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation or therapy.
(e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death or preservation or collection of evidence, the coroner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. The procurement organization shall obtain and provide the coroner with all available information which could relate to the cause or manner of the decedent's death. After consultation, the coroner may allow the recovery, or may deny or delay the recovery as provided in subsection
(f),
(g), or
(h) of this section.
(f) The coroner, district attorney, and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of the coroner has been or might be made but the coroner or the district attorney believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death or the documentation or preservation of evidence. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner, district attorney, and procurement organization shall evaluate the effectiveness of the agreement at regular intervals but no less frequently than every two years.
(g) In the absence of an agreement as provided in subsection
(f) of this section that establishes protocols and procedures governing the relations between the coroner, district attorney, and procurement organization when an anatomical gift of an organ from a decedent whose body is under the jurisdiction of the coroner has been or might be made, and following the consultation under subsection
(e) of this section, if the coroner intends to deny recovery of the organ, the coroner or designee, at the request of the procurement organization, shall view the body either at the hospital or recovery location or by electronic means, prior to making a decision whether or not to allow the procurement organization to recover the organ. After viewing the body, the coroner or designee may allow recovery by the procurement organization to proceed, or, if the coroner or designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death or preservation or collection of evidence, deny recovery by the procurement organization. The coroner or designee shall comply with all the requirements of this section in a manner and within a time period compatible with the preservation and purposes of the organ.
(h) In the absence of an agreement establishing protocols and procedures governing the relations between the coroner, district attorney, and procurement organization when an anatomical gift of an eye or tissues from a decedent whose body is under the jurisdiction of the coroner has been or might be made, and following the consultation under subsection
(e) of this section, the coroner may allow, deny, or delay the recovery of the eye or tissues until after the collection of evidence or autopsy, in order to preserve and collect evidence, to maintain a proper chain-of-custody, or to allow an accurate determination of the decedent's cause of death. When a determination to delay the recovery of the eye or tissues is made, every effort possible shall be made by the coroner to complete the collection of evidence or autopsy in a timely manner compatible with the preservation of the eye or tissues for the purpose of transplantation or therapy.
(i) If the coroner or designee denies or delays recovery under subsection
(f),
(g), or
(h) of this section, the coroner or designee shall:

(1) State in a record the specific reasons for not allowing recovery of the part;

(2) Include the specific reasons in the records of the coroner; and

(3) Upon request by a procurement organization, provide a record within two weeks of the date of the request with the specific reasons for not allowing recovery of the part.
(j) If the coroner or designee allows recovery of a part, in addition to any information required pursuant to the protocol under subsection
(f) of this section, the procurement organization shall cooperate with the coroner in any documentation of injuries and the preservation and collection of evidence prior to and during the recovery of the part and, upon the coroner's request, shall cause the physician or technician who removes the part to provide the coroner, as soon as practicable, with a record that includes: The names of all personnel participating in the removal of the part; a report documenting any internal or external injuries observed, any evidence observed, and describing the condition of the part; photographs or other documentation of evidence as identified in the protocol; and any other information and observations that would assist in the post mortem.
(k) If a coroner or designee is required to be present to view the body at the hospital or recovery location under subsection
(g) of this section, upon request the procurement organization requesting the recovery of the part shall reimburse the coroner or designee for the reasonable additional cost of travel incurred in complying with subsection
(g) of this section.

Source: L. 2007: Entire part R&RE, p. 793, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-108.5

(8)
(c) as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

12-34-124. Uniformity of application and construction.

In applying and construing this part 1, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: L. 2007: Entire part R&RE, p. 796, § 1, effective July 1.

Editor's note: This section was contained in a part that was repealed and reenacted in 2007. Provisions of this section, as it existed in 2007, are similar to those contained in 12-34-109 as said section existed in 2006, the year prior to the repeal and reenactment of this part 1.

12-34-125. Relation to "Electronic Signatures in Global and National Commerce Act".

This act modifies, limits, and supersedes the "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101
(a) of that act, 15 U.S.C. sec. 7001, or authorize electronic delivery of any of the notices described in section 103
(b) of that act, 15 U.S.C. sec. 7003
(b).

Source: L. 2007: Entire part R&RE, p. 796, § 1, effective July 1. ——————————

PART 2 UNCLAIMED HUMAN BODIES

Law reviews: For article, "Organ Donation Update", see 13 Colo. Law 612

(1984).

12-34-201. Board for distribution of unclaimed human bodies.

(1) The deans and the heads of the departments of anatomy and surgery of the accredited medical and dental schools of this state are constituted a board for the distribution and delivery of unclaimed dead human bodies, described in this part 2, to and among such institutions which, under the provisions of this part 2, are entitled to distribution. The board has full power to establish rules and regulations for its government, and to appoint and remove officers, and shall keep full and complete minutes of its transactions. Records shall also be kept, under its direction, of all bodies received and distributed by said board, and of the institutions to which the same may be distributed, which minutes and records shall be open at all times to the inspection of each member of said board and of any district attorney of any county within this state. The name of said board of distribution shall be the anatomical board of the state of Colorado, called, in this part 2, the "anatomical board". The anatomical board, in its discretion, may exempt any counties or other districts from the provisions of this part 2 for any calendar year by the regulations of the board issued for such year.

(2) Repealed.

Source: L. 27: p. 217, § 1. CSA: C. 109, § 38. CRS 53: § 91-3-1. C.R.S. 1963: § 91-3-1. L. 64: p. 151, § 93. L. 83:

(2) amended, p. 829, § 18, effective July 1. L. 96:

(2) repealed, p. 1227, § 40, effective August 7.

Cross references: For the legislative declaration contained in the 1996 act repealing subsection

(2), see section 1 of chapter 237, Session Laws of Colorado 1996.

12-34-202. Duty of public officers as to unclaimed bodies.

(1) All public officers, agents, and servants, and all officers, agents, and servants of every county, city, township, borough, district, and other municipality, and every almshouse, prison, morgue, hospital, or other municipal or other public institution, and all other persons having charge or control over unclaimed dead human bodies required to be buried at public expense shall use reasonable effort to ascertain if said deceased person has any relative, friend, or other representative who will assume charge of said body for burial at his expense. If such effort does not result in the discovery of a claimant within twenty-four hours after death, such officers, agents, or other persons shall immediately notify the anatomical board or such person as may from time to time be designated by said board as its duly authorized officer or agent, when such unclaimed body or bodies come into his possession, charge, or control. In any county which is entirely located more than one hundred fifty miles from any accredited medical or dental school, the minimum period of notification shall be extended to forty-eight hours. Such officers, agents, or other persons, without fee or reward, shall deliver such unclaimed body to the anatomical board and permit the board or its agents to take and remove all such unclaimed bodies to be used for the advancement of medical and anatomical sciences.

(2) Such notices shall be given to the anatomical board in all cases, but no such body shall be delivered if any relative, by blood or marriage, shall previously claim the body for burial at the expense of such relative, but the body shall be surrendered to said claimant for interment; nor shall any such body be delivered if any representative of a fraternal society of which the deceased was a member, or a representative of any charitable organization, or if any friend of the deceased shall claim the body for burial prior to delivery to the board, said burial to be at the expense of such fraternal society, charitable organization, or friend. In the case of death of any person whose body is required to be buried at public expense and the duly authorized officer or agent of the anatomical board deems such body unfit for anatomical purposes, he shall notify the board of county commissioners or such other agency as may be in charge of the county paupers of the county in which such person dies, in writing, and the board of county commissioners or other agency shall direct some person to take charge of the body of such deceased indigent person, and cause it to be buried, and draw warrants upon the treasurer of said county for the payment of such expenses.

(3) No warrants for the payment of the expenses of the burial of any person whose body is required to be buried at public expense shall be drawn or paid except upon the certificate of the duly authorized officer or agent of the anatomical board to the effect that such unclaimed body is unfit for anatomical purposes, by reason of decomposition or contagious disease, and that the provisions of this part 2 have been complied with. If, through the failure of any person to deliver the body of a deceased indigent as required by this part 2, such unclaimed body becomes unfit for anatomical purposes, and is so certified by the duly authorized officer or agent of said anatomical board, such body shall be buried in accordance with the provisions of this part 2, and the person so failing to deliver such unclaimed body shall pay to the county treasurer the expense so incurred. Upon the refusal or failure of such person, on demand, to pay such expense, the board of county commissioners, or such other agency as may be in charge of the county paupers, may bring suit to recover the expenses, and the same may be recovered as debts of like amount are collectible by law.

Source: L. 27: p. 218, § 2. CSA: C. 109, § 39. CRS 53: § 91-3-2. C.R.S. 1963: § 91-3-2.

ANNOTATION

Law reviews. For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439

(1983).

12-34-203. Claiming of body - publication of notice.

After an unclaimed body has been received by the anatomical board or its duly authorized agent, and has been preserved and stored, said body may be claimed within twenty days after death by relatives, friends, or fraternal or charitable organizations for burial or cremation at the expense of said claimant, and the body shall be surrendered to such claimant without charge of any character. During the twenty-day period the board shall publish at least two notices in some newspaper of general circulation, published in the county in which the death occurred or in which the body was first discovered, stating that the body is unclaimed and giving the name of the deceased if it is known. Such notice shall be published in the name of the coroner of such county.

Source: L. 27: p. 220, § 5. CSA: C. 109, § 42. CRS 53: § 91-3-5. C.R.S. 1963: § 91-3-5.

 

12-34-204. Disposition of all or any portion of body after death - nonliability.

(1) A person has a right during his lifetime to provide for the disposition of all or any portion of his body upon his death.

(2) No cause of action for damages shall accrue to any person arising out of the removal of all or any portion of the body of any deceased person if such deceased person has, prior to the time of his death, executed a written consent to such removal, and the person against whom such cause of action is alleged had no actual knowledge of any revocation of such consent.

(3) The anatomical board, or its duly authorized agent, is authorized to receive and distribute dead human bodies or parts thereof bequeathed or donated to it for the advancement of medical and anatomical sciences in the same manner as is now provided by law for the receipt and distribution of unclaimed dead human bodies; except that no publication of notice as required by section 12-34-203 shall be required.

Source: L. 61: p. 561, § 1. CRS 53: § 91-3-9. L. 67: p. 124, § 1. C.R.S. 1963: § 91-3-9.

ANNOTATION

Law reviews. For article, "The Private Autopsy: Problems of Consent", see 41 Den. L. Ctr. J. 239

(1964). For article, "Organ Donation Update", see 13 Colo. Law. 612

(1984).

12-34-205. Unlawful to hold autopsy - when.

It is unlawful for any person to hold an autopsy on any dead human body mentioned in this part 2, except on the request of the district attorney of the district where such body is located, without the written, telegraphic, or telephonic consent of the secretary of the anatomical board, such telegraphic or telephonic consent to be verified by written consent.

Source: L. 27: p. 220, § 3. CSA: C. 109, § 40. CRS 53: § 91-3-3. C.R.S. 1963: § 91-3-3.

12-34-206. Holding of body for twenty days.

The anatomical board, or its duly authorized agent, shall take and receive any unclaimed bodies so delivered, and, after holding said bodies for a period of twenty days to determine if said bodies are claimed, shall distribute and deliver said unclaimed bodies on requisition to and among the institutions mentioned in this part 2, to be used for anatomical purposes as such institutions shall determine.

Source: L. 27: p. 220, § 4. CSA: C. 109, § 41. CRS 53: § 91-3-4. C.R.S. 1963: § 91-3-4.

12-34-207. Disposition of remains.

After the institutions to which said unclaimed bodies have been distributed by the anatomical board have completed the scientific study of such unclaimed bodies, the remains thereof shall in every case be disposed of by burial or cremation.

Source: L. 27: p. 221, § 6. CSA: C. 109, § 43. CRS 53: § 91-3-6. C.R.S. 1963: § 91-3-6.

12-34-208. Expense to be borne by institutions.

Neither the county, municipality, nor any officer, agent, or servant thereof shall incur any expense by reason of the delivery or distribution of any such unclaimed body, but all the expenses thereof and of the anatomical board shall be borne by those institutions receiving said unclaimed bodies in the manner determined by the board.

Source: L. 27: p. 221, § 7. CSA: C. 109, § 44. CRS 53: § 91-3-7. C.R.S. 1963: § 91-3-7.

12-34-209. Penalty.

Any person having duties enjoined upon him by the provisions of this part 2, who neglects, refuses, or omits to perform the same as required in this part 2, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars for each offense.

Source: L. 27: p. 221, § 8. CSA: C. 109, § 45. CRS 53: § 91-3-8. C.R.S. 1963: § 91-3-8.