Bill Summary for Bill Number HB09-1202

Date: 04/22/2009

Final
BILL SUMMARY for HB09-1202

SENATE COMMITTEE ON BUSINESS, LABOR AND TECHNOLOGY

Votes: View-->	Action Taken:
Moved prepared Amendment L.006 (Attachment A). Th Moved to refer House Bill 09-1202, as amended, to	Pass Without Objection PASS

01:52 PM -- House Bill 09-1202

Senator Foster presented House Bill 09-1202, concerning mortuary science registration. The bill creates a registration program for funeral establishments and crematories in the Division of Registrations in the Department of Regulatory Agencies (DORA). Funeral establishments and crematories are required to register annually with the department and provide specific information concerning the services they offer. The bill identifies the scope of lawful practice for crematories and prohibits either cremation or other funeral services to be performed by an establishment unless it is registered.

The term "mortuary science practitioner" is added to current law to refer to persons who direct funeral services and persons who embalm, cremate, or otherwise prepare for the final disposition of dead human bodies. The bill specifies the educational and professional requirements for mortuary science practitioners and cremationists and extends title protection to them.

Each registered funeral establishment must appoint an individual as its designee. The designee is required to verify that each employee at its facility is in compliance with the requirements for using these titles. The designee must maintain employee records of the evidence demonstrating compliance. Any establishment offering funeral goods or services must inform potential clients that complaints may be lodged with the DORA.

Violations of the bill are an unclassified misdemeanor. The DORA is given authority to establish fees, deny or revoke a registration, investigate complaints, take disciplinary action, and motion the court to impose civil penalties of up to $1,000 per violation. Senator Foster explained her reasons for sponsoring the bill. She said that Colorado is the only state without a registry of funeral homes. She discussed religious traditions concerning burial practices and distributed prepared Amendment L.006 (Attachment A).

02:02 PM

Senator Foster explained Amendment L.006 and responded to questions from the committee.

The following individuals testified regarding the bill:

02:08 PM -- Steffani Blackstock, Director of the Colorado Funeral Directors Association (CFDA), testified in favor of the bill. Ms. Blackstock addressed previous committee questions. She stated that no entity currently exists to handle consumer complaints, and gave examples of possible complaints. She noted that the CFDA doesn't have the authority to investigate complaints. Ms. Blackstock responded to questions from Senator Mitchell concerning whether the department would promulgate regulations to address the complaints she had described. Ms. Blackstock discussed a DORA sunrise report from 2007 regarding funeral homes.

02:16 PM

Senator Tochtrop spoke about language in current statutes concerning unlawful acts for funeral directors and embalmers. Discussion continued between Ms. Blackstone and Senator Tochtrop. Senator Scheffel asked for clarification regarding the penalties for violations of the bill.

02:20 PM -- Karen Van Vuuren, founder and Executive Director of Natural Transitions, a Boulder non-profit that provides funeral services, testified in opposition to the bill. She described her organization and its mission to educate funeral consumers. She explained that a growing number of people have an interest in alternative funeral services, such as home funerals, that may be more meaningful, cost-effective, and environmentally friendly. Senator Tochtrop noted that Senator Foster had indicated that the bill would not affect organizations like Natural Transitions. Ms. Van Vuuren replied that Natural Transitions does carry out some of the functions of a funeral director, and therefore her organization is in a "grey area" under the bill. She described language that the organization would like added to the bill, and explained that the DORA sunrise report of 2007 indicated no widespread abuse in the funeral service industry. She requested that the bill be tabled or amended to include explicit language preserving the right of the consumer to choose among available services.

02:28 PM

Senator Foster and Ms. Van Vuuren discussed whether Natural Transitions would fall under the bill's definition of "funeral director" and "established funeral facility." Senator Tochtrop and Ms. Van Vuuren discussed the possibility of a second reading amendment containing language similar to what Ms. Van Vuuren had described. Senator Heath made additional comments.

02:32 PM -- Christopher Allsopp, representing himself, testified in opposition to the bill. He described his experiences working with Natural Transitions after the death of his wife. He stated that he hopes that the bill will not restrict work like Ms. Van Vuuren's.

02:34 PM -- Bart Windrum, representing himself, testified in opposition to the bill. He described books he had written relating to funeral services. He expressed his concern that the bill will affect an individual's wishes concerning end-of-life care and the desire to die peacefully. He stated that he supports what Senator Foster has done with the bill, but requested that members consider the legislation as it addresses individuals' rights.

02:39 PM -- Patricia Ward, representing Natural Transitions, distributed printed copies of her testimony to the committee in lieu of testifying (Attachment B).

02:40 PM -- Denise Henasey, representing Prairie Wilderness Cemeteries, testified in opposition to the bill and distributed suggested language for an amendment (Attachment C). She noted that most opponents of the bill are not opposed to registration, but feel that the bill may be doing more than simply providing title protection, as some supporters argue. She suggested that the actions of many alternative organizations may fall under the bill's definition of "funeral director." Senator Foster commented on Ms. Henasey's testimony.

02:42 PM -- Lynn Walton, representing herself, distributed printed copies of her testimony to the committee in lieu of testifying (Attachment D).

02:43 PM -- Demetri Rombocos, President of the Shrine of Remembrance Funeral Home, testified in opposition to the bill on behalf of himself. He described definitions in current law and in the language of the bill pertaining to funeral directors and said that, according to his interpretation, the staff of Natural Transitions would be considered funeral directors. He believes that the bill will eliminate discounted and independent competition, including non-profit funeral service providers, and may prevent churches from hiring funeral coordinators. Mr. Rombocos said that he has no objection to registration, but feels that the fees provided for in the bill are excessive. He noted that Colorado funeral homes already file annually with over a dozen government agencies, and are not operating "off the radar." He added that nothing in Colorado has occurred to provoke this legislation, and argued that the bill will limit competition and consumer options, create staffing burdens, increase costs, and will not address actual problems in the funeral service industry.

02:51 PM -- Chuck Bowman, representing the CFDA, testified in favor of the bill. He stated that there is no inspection process for Colorado funeral homes and no place for consumers to register complaints. He described violations that have occurred in funeral homes in Colorado, and said that the bill will ensure that proper standards are enforced and that the consumer is protected. He addressed the issue of "title protection." Mr. Bowman expressed concerns about the health issues surrounding home funerals. He responded to questions from Senator Heath concerning the education requirements provided in the bill.

02:56 PM -- Elvin Caldwell, representing Caldwell-Kirk Mortuary and the CFDA, testified in favor of the bill. He described his experience as an independent funeral service provider. He stated that CFDA would prefer that the bill went even further, but it is a step in the right direction towards providing consumer protections. Mr. Caldwell discussed violations that would be prevented by the provisions of the bill.

03:00 PM -- Angie Kinnaird Linn, representing DORA, came to the table to answer questions. She responded to questions from Senator Heath regarding the necessity of the bill. She discussed the 2007 DORA sunrise report, and explained that the report had indicated that there may be a role for regulation in providing a forum for complaints. Ms. Kinnaird Linn responded to follow-up questions from Senator Heath and Senator Scheffel.

03:04 PM

Senator Foster provided closing remarks. She addressed previous questions from the committee. She stated that people are very vulnerable when a loved one has died, and expressed her concerns about "home cremation." She added that the industry has not supported this bill every year, but it supports it this year.


BILL:	HB09-1202
TIME:	03:08:27 PM
MOVED:	Foster
MOTION:	Moved prepared Amendment L.006 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Foster
	Harvey
	Mitchell
	Scheffel
	Tochtrop
	Heath
	Veiga

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:04 PM

Prior to the vote, Senator Heath spoke about a proposed second reading amendment. The committee discussed possible language for the amendment suggested by Natural Transitions, and Senator Tochtrop expressed her commitment to offer the amendment.


BILL:	HB09-1202
TIME:	03:08:51 PM
MOVED:	Foster
MOTION:	Moved to refer House Bill 09-1202, as amended, to the Committee on Appropriations. The motion passed on a 4-3 roll call vote.
SECONDED:
		VOTE
	Foster	Yes
	Harvey	No
	Mitchell	No
	Scheffel	No
	Tochtrop	Yes
	Heath	Yes
	Veiga	Yes

Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS