Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the use of human remains in composting.

Highlights:

• Defines "funeral" as the ceremonies, rituals, and memorial services held in connection with the burial, cremation, final disposition, or memorial of a deceased person, including the assembly and dispersal of the mourners (Sec. 23).

• Establishes it is unlawful to commit the following acts (Sec. 8-1):

• To refuse to properly and promptly release human remains, naturally reduced remains, or cremated remains to the custody of the person who has the legal right to affect the release, whether or not any costs have been paid;

• To embalm, naturally reduce, or cremate human remains without obtaining permission from the person with the right of final disposition unless otherwise required;

• To prohibit, hinder, or restrict or to attempt to prohibit, hinder, or restrict the offering or advertising of immediate cremation, natural reduction, advance funeral arrangements, or low-cost funerals.

• Requires a funeral establishment, funeral director, or mortuary science practitioner to comply by transferring the cremated or naturally reduced remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition (Sec. 9.II).

• Requires a public administrator to authorize the cremation or natural reduction of the decedent's remains if the decedent left signed written instructions or other funeral arrangements authorized by the decedent, which indicated the decedent's wish to be cremated or naturally reduced (Sec. 14).

• Specifies if the persons enumerated in subsection (1) of this section are not willing or able to provide for the final disposition of a decedent's remains, or if the persons' whereabouts cannot be reasonably ascertained, then the public administrator responsible for the decedent's estate or the person who controls the final deposition of indigent people in the county in which the death occurred will make arrangements for the final disposition of the decedent's remains (Sec. 18).

• Establishes the rights of the person to which a part is superior to the rights of all others concerning the part. The person may accept or reject an anatomical gift in whole or in part (Sec. 20).

• Authorizes the state department to include in medical care benefits reasonable amounts for the personal needs of any recipient receiving nursing facility services or intermediate care facilities for individuals with intellectual disabilities, if the recipient is not otherwise eligible for the amounts from other categories of public assistance, but the amounts for personal needs must not be less than the minimum amount provided for (Sec. 25).

• Alleges the following to ensure proper final disposition of human remains (Sec. 28):

• To provide appropriate and equitable reimbursement of funeral, cremation, or burial, or natural reduction expenses or any combination of expenses associated with the final disposition of any deceased public assistance or medical assistance recipient;

• To ensure that reimbursement of a provider of funeral cremation, or burial or final disposition services is appropriately disbursed by the county department;

• To provide that public funds are made available for reimbursement only after it has been determined that there are insufficient resources from the estate of the decedent or the decedent's legally responsible family members to cover the funeral cremation, or burial or final disposition expenses; and

• To allow family members and friends of a decedent to contribute towards the charges of funeral cremation, or burial or final disposition expenses to the extent such the contributions do not exceed the specified maximum combined charges for such the expenses.

Full Bill Text