Definitions

10-15-102. Definitions. As used in this article 15, 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 or offers to sell funeral goods, merchandise, or 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. (8.5) Funeral goods has the same meaning as in section 12-135-103 (17). (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, or any security or other instrument that is convertible into a contract, agreement, or mutual understanding, whereby, upon the death of the preneed contract beneficiary, a final resting place, merchandise, or services are provided or performed in connection with the final disposition of the beneficiary's body. Consideration for a preneed contract is funds, deposits, or the assignment of life insurance benefits. (b) Preneed contract does not include: (I) A contract for merchandise whereby the buyer takes physical possession of the merchandise at the time of entering into the contract; or (II) A transportation protection agreement. (c) (Deleted by amendment, L. 2013.) (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 that may be used to care for and prepare deceased human bodies for final disposition. (16.5) Transportation protection agreement means an agreement that primarily provides for the coordination and arrangement, by a third party that is not a general provider, of services related to: (a) The preparation of human remains for the purpose of transportation; or (b) The transportation of human remains. (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. L. 2013: (6) and (13) amended and (8.5) added, (SB 13-125), ch. 287, p. 1515, � 1, effective August 7. L. 2019: IP and (8.5) amended, (HB 19-1172), ch. 136, p. 1653, � 39, effective October 1. L. 2021: (16) amended, (SB 21-006), ch. 123, p. 489, � 6, effective September 7. L. 2025: (13)(b) amended and (16.5) added, (HB 25-1217), ch. 92, p. 414, � 1, effective August 6. Editor's note: (1) This section is similar to former � 10-15-102 as it existed prior to 1995. (2) Section 6(2) of chapter 92 (HB 25-1217), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after August 6, 2025.