Colorado House Bill HB1270 Amended / Bill

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0749.03 Jacob Baus x2173
HOUSE BILL 22-1270
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES RELATED TO CHANGING "NAME-BASED101
CRIMINAL HISTORY RECORD CHECK " TO "NAME-BASED102
JUDICIAL RECORD CHECK " IN THE COLORADO REVISED103
S
TATUTES.104
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill changes the term "name-based criminal history record
check" to "name-based judicial record check" throughout the Colorado
Revised Statutes.
SENATE
3rd Reading Unamended
April 5, 2022
SENATE
2nd Reading Unamended
April 4, 2022
HOUSE
3rd Reading Unamended
March 22, 2022
HOUSE
2nd Reading Unamended
March 21, 2022
HOUSE SPONSORSHIP
Woodrow, Catlin, Esgar, Gray, Herod, Jodeh, Mullica, Pico, Ricks, Snyder
SENATE SPONSORSHIP
Priola, Moreno
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-2-119.3, amend2
(2)(b)(III), (3), (4)(a), (6) introductory portion, and (6)(d) as follows:3
22-2-119.3.  Department of education - educator preparation4
program students - record check - fee - definitions. (2)  On a form5
provided by the department, the student shall:6
(b)  Furnish the following information to the department:7
(III)  Any other information required by the department to release8
the results of a criminal history record check pursuant to this section.9
(3)  When the results of a fingerprint-based criminal history record10
check of a student performed pursuant to this section reveals REVEAL a11
record of arrest without a disposition, the department shall perform a12
name-based criminal history JUDICIAL record check of that student.13
(4) (a)  Within seven days of AFTER receiving the results of a14
criminal history record check conducted pursuant to this section, the15
department shall provide the results of such criminal history THE record16
check, to the extent permitted by state or federal law or regulation, to the17
educator preparation program in which the student is enrolled and to any18
school district or charter school that has made an inquiry to the19
department concerning the results of a criminal history record check of a20
student who has been placed in the school district or charter school for21
field experiences.22
(6)  For purposes of AS USED IN this section, unless the context23
otherwise requires:24
(d)  "Name-based criminal history JUDICIAL record check" means25
a background check performed using judicial department records that26
1270-2- includes an individual's conviction and final disposition of case records.1
SECTION 2. In Colorado Revised Statutes, amend 5-19-206.52
as follows:3
5-19-206.5.  Name-based judicial record check. When the results4
of a fingerprint-based criminal history record check of an officer of the5
applicant or employee or agent of the applicant performed pursuant to6
section 5-19-206 (12) reveal a record of arrest without a disposition, the7
administrator shall require that person to submit to a name-based criminal8
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).9
SECTION 3. In Colorado Revised Statutes, 10-3-112, amend10
(1)(b)(II) as follows:11
10-3-112.  Directors - terms - election - conflicts of interest -12
recovery of profits. (1) (b) (II)  When the results of a fingerprint-based13
criminal history record check of a person performed pursuant to this14
subsection (1)(b) reveal a record of arrest without a disposition, the15
commissioner shall require that person to submit to a name-based16
criminal history JUDICIAL record check, as defined in section 22-2-119.317
(6)(d).18
SECTION 4. In Colorado Revised Statutes, 10-3-803, amend19
(3)(b) as follows:20
10-3-803.  Acquisition of control of or merger with domestic21
insurer - definitions. (3) (b)  When the results of a fingerprint-based22
criminal history record check of a person performed pursuant to this23
subsection (3) reveal a record of arrest without a disposition, the24
commissioner shall require that person to submit to a name-based25
criminal history JUDICIAL record check, as defined in section 22-2-119.326
(6)(d).27
1270
-3- SECTION 5. In Colorado Revised Statutes, 10-3-903.5, amend1
(7)(d)(I)(D) as follows:2
10-3-903.5.  Jurisdiction over providers of health-care benefits3
- rules. (7) (d) (I)  A multiple employer welfare arrangement that meets4
the requirements specified in subsection (7)(c) of this section other than5
subsection (7)(c)(I) of this section may file an application for a waiver6
with the commissioner. A multiple employer welfare arrangement that7
meets the requirements specified in subsection (7)(c) of this section other8
than those specified in subsections (7)(c)(I) and (7)(c)(V)(B) of this9
section may also file an application for a waiver with the commissioner.10
The application must include:11
(D)  Criminal Background records. Each individual specified in12
subsection (7)(d)(I)(C) of this section shall submit a set of fingerprints to13
the commissioner. The commissioner shall forward the fingerprints to the14
Colorado bureau of investigation for the purpose of conducting a state15
and national fingerprint-based criminal history record check utilizing16
records of the Colorado bureau of investigation and the federal bureau of17
investigation. The multiple employer welfare arrangement shall bear only18
the actual costs of the record check. When the results of a19
fingerprint-based criminal history record check of an individual20
performed pursuant to this subsection (7)(d)(I)(D) reveal a record of21
arrest without a disposition, the commissioner shall require that individual22
to submit to a name-based criminal history JUDICIAL record check, as23
defined in section 22-2-119.3 (6)(d).24
SECTION 6. In Colorado Revised Statutes, 10-15-103, amend25
(1)(b)(I.5) as follows:26
10-15-103.  License procedure - records - examination of27
1270
-4- records - definition. (1) (b) (I.5)  When the results of a fingerprint-based1
criminal history record check of an applicant performed pursuant to this2
subsection (1)(b) reveal a record of arrest without a disposition, the3
commissioner shall require that applicant to submit to a name-based4
criminal history JUDICIAL record check, as defined in section 22-2-119.35
(6)(d).6
SECTION 7. In Colorado Revised Statutes, 10-23-103, amend7
(2)(b) as follows:8
10-23-103.  Registration requirements - application -9
qualification bond - forfeiture. (2) (b)  When the results of a10
fingerprint-based criminal history record check of an applicant performed11
pursuant to this subsection (2) reveal a record of arrest without a12
disposition, the division shall require that applicant to submit to a13
name-based criminal history JUDICIAL record check, as defined in section14
22-2-119.3 (6)(d).15
SECTION 8. In Colorado Revised Statutes, amend 11-110-107.516
as follows:17
11-110-107.5.  Name-based judicial record check. When the18
results of a fingerprint-based criminal history record check of an applicant19
performed pursuant to section 11-110-107 (1)(e) reveal a record of arrest20
without a disposition, the banking board shall require that applicant to21
submit to a name-based criminal history JUDICIAL record check, as22
defined in section 22-2-119.3 (6)(d). The applicant shall pay the actual23
costs of the name-based criminal history JUDICIAL record check.24
SECTION 9. In Colorado Revised Statutes, 12-10-203, amend25
(1)(b)(I) as follows:26
12-10-203.  Application for license - rules - definition.27
1270
-5- (1) (b) (I)  Prior to submitting an application for a license pursuant to1
subsection (1)(a) of this section, each applicant shall submit a set of2
fingerprints to the Colorado bureau of investigation for the purpose of3
conducting a state and national fingerprint-based criminal history record4
check utilizing records of the Colorado bureau of investigation and the5
federal bureau of investigation. The applicant shall pay the fee established6
by the Colorado bureau of investigation for conducting the7
fingerprint-based criminal history record check to the bureau. Upon8
completion of the 
FINGERPRINT-BASED criminal history record check, the9
bureau shall forward the results to the commission. The commission shall10
acquire a name-based criminal history
 JUDICIAL record check, as defined11
in section 22-2-119.3 (6)(d), for an applicant who has twice submitted to12
a fingerprint-based criminal history record check and whose fingerprints13
are unclassifiable or when the results of a fingerprint-based criminal14
history record check of an applicant performed pursuant to this subsection15
(1)(b)(I) reveal a record of arrest without a disposition. The applicant16
shall pay the costs associated with a name-based criminal history17
JUDICIAL record check.18
SECTION 10. In Colorado Revised Statutes, 12-10-606, amend19
(6) as follows:20
12-10-606.  Qualifications for licensing and certification of21
appraisers - continuing education - rules - definitions. (6) (a)  The22
board shall not issue a license or certification until the applicant23
demonstrates that he or she THE APPLICANT meets the fitness standards24
established by board rule and submits a set of fingerprints to the Colorado25
bureau of investigation for the purpose of conducting a state and national26
fingerprint-based criminal history record check utilizing records of the27
1270
-6- Colorado bureau of investigation and the federal bureau of investigation.1
Each person submitting a set of fingerprints shall pay the fee established2
by the Colorado bureau of investigation for conducting the3
fingerprint-based criminal history record check to the bureau. Upon4
completion of the 
FINGERPRINT-BASED criminal history record check, the5
bureau shall forward the results to the board. The board shall require a6
name-based criminal history
 JUDICIAL record check, as defined in section7
22-2-119.3 (6)(d), for an applicant who has twice submitted to a8
fingerprint-based criminal history record check and whose fingerprints9
are unclassifiable or when the results of a fingerprint-based criminal10
history record check of an applicant performed pursuant to this subsection11
(6) reveal a record of arrest without a disposition. The applicant shall pay12
the costs associated with a name-based criminal history JUDICIAL record13
check. The board may deny an application for licensure or certification14
based on the outcome of the criminal history record check and may15
establish criminal history requirements more stringent than those16
established by any applicable federal law. At a minimum, the board shall17
adopt the criminal history requirements established by any applicable18
federal law.19
(b)  An applicant for certification as a licensed ad valorem20
appraiser is not subject to the fingerprinting and criminal background21
check requirements of subsection (6)(a) of this section.22
SECTION 11. In Colorado Revised Statutes, 12-10-607, amend23
(3) as follows:24
12-10-607.  Appraisal management companies - application for25
license - exemptions. (3)  The board shall not issue a license to any26
partnership, limited liability company, or corporation unless and until the27
1270
-7- appraiser designated by the partnership, limited liability company, or1
corporation as controlling appraiser and each individual who owns more2
than ten percent of the entity demonstrates that he or she THE PERSON3
meets the fitness standards established by board rule and submits a set of4
fingerprints to the Colorado bureau of investigation for the purpose of5
conducting a state and national fingerprint-based criminal history record6
check utilizing records of the Colorado bureau of investigation and the7
federal bureau of investigation. Each person submitting a set of8
fingerprints shall pay the fee established by the Colorado bureau of9
investigation for conducting the fingerprint-based criminal history record10
check to the bureau. Upon completion of the 
FINGERPRINT-BASED11
criminal history record check, the bureau shall forward the results to the12
board. The board shall require a name-based criminal history
 JUDICIAL13
record check, as defined in section 22-2-119.3 (6)(d), for an applicant14
who has twice submitted to a fingerprint-based criminal history record15
check and whose fingerprints are unclassifiable or when the results of a16
fingerprint-based criminal history record check of an applicant performed17
pursuant to this subsection (3) reveal a record of arrest without a18
disposition. The applicant shall pay the costs associated with a19
name-based criminal history JUDICIAL record check. The board may deny20
an application for licensure or refuse to renew a license based on the21
outcome of the criminal history record check. The board may require22
criminal history requirements more stringent than those established by23
any applicable federal law. At a minimum, the board shall adopt the24
criminal history requirements established by any applicable federal law.25
SECTION 12. In Colorado Revised Statutes, 12-10-610, amend26
(4) as follows:27
1270
-8- 12-10-610.  Expiration of licenses - renewal - penalties - fees -1
rules. (4)  At the time of renewal or reinstatement, every licensee,2
certificate holder, and person or individual who owns more than ten3
percent of an appraisal management company shall submit a set of4
fingerprints to the Colorado bureau of investigation for the purpose of5
conducting a state and national fingerprint-based criminal history record6
check utilizing records of the Colorado bureau of investigation and the7
federal bureau of investigation, if the person has not previously done so8
for issuance of a license or certification by the board. Each person9
submitting a set of fingerprints shall pay the fee established by the10
Colorado bureau of investigation for conducting the fingerprint-based11
criminal history record check to the bureau. The bureau shall forward the12
results to the board. The board shall require a name-based criminal13
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for14
an applicant who has twice submitted to a fingerprint-based criminal15
history record check and whose fingerprints are unclassifiable or when16
the results of a fingerprint-based criminal history record check of an17
applicant performed pursuant to this section reveal a record of arrest18
without a disposition. The applicant shall pay the costs associated with a19
name-based criminal history JUDICIAL record check. The board may20
refuse to renew or reinstate a license or certification based on the21
outcome of the criminal history record check.22
SECTION 13. In Colorado Revised Statutes, 12-10-704, amend23
(6)(a) and (7)(c) as follows:24
12-10-704.  License required - rules. (6) (a)  Prior to submitting25
an application for a license, an applicant shall submit a set of fingerprints26
to the Colorado bureau of investigation. Upon receipt of the applicant's27
1270
-9- fingerprints, the Colorado bureau of investigation shall use the1
fingerprints to conduct a state and national criminal history record check2
using records of the Colorado bureau of investigation and the federal3
bureau of investigation. All costs arising from the 
FINGERPRINT-BASED4
criminal history record check must be borne by the applicant and must be5
paid when the set of fingerprints is submitted. Upon completion of the6
FINGERPRINT-BASED criminal history record check, the bureau shall7
forward the results to the board. The board shall acquire a name-based8
criminal history
 JUDICIAL record check, as defined in section 22-2-119.39
(6)(d), for an applicant who has twice submitted to a fingerprint-based10
criminal history record check and whose fingerprints are unclassifiable11
or when the results of a fingerprint-based criminal history record check12
of an applicant performed pursuant to this subsection (6) reveal a record13
of arrest without a disposition. The applicant shall pay the costs14
associated with a name-based criminal history JUDICIAL record check.15
(7) (c)  The board shall acquire a name-based criminal history16
JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for an17
applicant who has twice submitted to a fingerprint-based criminal history18
record check and whose fingerprints are unclassifiable or when the results19
of a fingerprint-based criminal history record check of an applicant20
performed pursuant to this subsection (7) reveal a record of arrest without21
a disposition. The applicant shall pay the costs associated with a22
name-based criminal history JUDICIAL record check.23
SECTION 14. In Colorado Revised Statutes, 12-235-108, amend24
(2.5) as follows:25
12-235-108.  License - denial of license application. (2.5)  When26
the results of a fingerprint-based criminal history record check of an27
1270
-10- applicant performed pursuant to this section reveal a record of arrest1
without a disposition, the director shall require that applicant to submit to2
a name-based criminal history JUDICIAL record check, as defined in3
section 22-2-119.3 (6)(d).4
SECTION 15. In Colorado Revised Statutes, 12-245-304, amend5
(1)(f) as follows:6
12-245-304.  Qualifications - examinations - licensure and7
registration. (1)  The board shall issue a license as a psychologist to each8
applicant who files an application in a form and manner required by the9
board, submits the fee required by the board pursuant to section10
12-245-205, and furnishes evidence satisfactory to the board that the11
applicant:12
(f)  On and after July 14, 2020, upon the initial application for13
licensure, has completed a name-based criminal history JUDICIAL record14
check, as defined in section 22-2-119.3 (6)(d), with satisfactory results as15
determined by the board.16
SECTION 16. In Colorado Revised Statutes, 12-280-304, amend17
(2) as follows:18
12-280-304.  Record check. (2)  When the results of a19
fingerprint-based criminal history record check of a designated20
representative performed pursuant to this section reveal a record of arrest21
without a disposition, the board shall require that designated22
representative to submit to a name-based criminal history JUDICIAL record23
check, as defined in section 22-2-119.3 (6)(d). The designated24
representative shall pay the actual costs of the name-based criminal25
history JUDICIAL record check.26
SECTION 17. In Colorado Revised Statutes, 12-310-107, amend27
1270
-11- (2) as follows:1
12-310-107.  Record check required. (2)  When the results of a2
fingerprint-based criminal history record check of an applicant performed3
pursuant to this section reveal a record of arrest without a disposition, the4
director shall require that applicant to submit to a name-based criminal5
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).6
The applicant shall pay the actual costs of the name-based criminal7
history JUDICIAL record check.8
SECTION 18. In Colorado Revised Statutes, 13-93-101, amend9
(3) as follows:10
13-93-101.  License to practice necessary. (3)  Upon request of11
the supreme court or a representative of its office of attorney regulation12
counsel, the Colorado bureau of investigation APPLICANT shall also13
provide a name-based criminal history JUDICIAL record check, as defined14
in section 22-2-119.3 (6)(d), for any IF THE applicant whose fingerprints15
are unclassifiable or when the results of a fingerprint-based criminal16
history record check of an applicant performed pursuant to this section17
reveal HAS a record of arrest without a disposition.18
SECTION 19. In Colorado Revised Statutes, 14-10-116.5,19
amend (4)(b) as follows:20
14-10-116.5.  Appointment in domestic relations cases - child21
and family investigator - disclosure - background check. (4) (b)  For22
any person whose fingerprints are unclassifiable or when WHEN the23
results of a fingerprint-based criminal history record check of a person24
performed pursuant to this section reveal a record of arrest without a25
disposition, the department shall require that applicant to submit to a26
name-based criminal history JUDICIAL record check, as defined in section27
1270
-12- 22-2-119.3 (6)(d). Upon request of the department pursuant to this1
section, the Colorado bureau of investigation APPLICANT shall also2
provide a name-based criminal history JUDICIAL record check. for any3
person.4
SECTION 20. In Colorado Revised Statutes, 15-14-110, amend5
(5)(b) as follows:6
15-14-110.  Letters of office. (5) (b)  When the results of a7
fingerprint-based criminal history record check of an applicant performed8
pursuant to this subsection (5) reveal a record of arrest without a9
disposition, the court shall require that nominee to submit to a10
name-based criminal history JUDICIAL record check, as defined in section11
22-2-119.3 (6)(d). The applicant is responsible for the cost of the12
name-based criminal history JUDICIAL record check.13
SECTION 21. In Colorado Revised Statutes, 19-2.5-1521,14
amend (4) as follows:15
19-2.5-1521.  Juvenile facility - contract for operation. (4)  The16
contractor shall require applicants for employment at the facility to submit17
a set of fingerprints to the Colorado bureau of investigation for a18
fingerprint-based criminal history record check, and the Colorado bureau19
of investigation may accept such THE fingerprints. For the purpose of20
conducting a fingerprint-based criminal history record check, to the extent21
authorized by federal law, the Colorado bureau of investigation may22
exchange with the department of human services any state, multistate, and23
federal criminal history records of individuals who apply for employment24
at the facility. When the results of a fingerprint-based criminal history25
record check of an applicant performed pursuant to this section reveal a26
record of arrest without a disposition, the contractor shall require that27
1270
-13- applicant to submit to a name-based criminal history JUDICIAL record1
check, as defined in section 22-2-119.3 (6)(d).2
SECTION 22. In Colorado Revised Statutes, 22-1-121, amend3
(1.7)(a.5) and (1.7)(b) as follows:4
22-1-121.  Nonpublic schools - employment of personnel -5
notification by department of education. (1.7) (a.5)  When the results6
of a fingerprint-based criminal history record check of an applicant or7
employee performed pursuant to this section reveal a record of arrest8
without a disposition, the governing board shall require that applicant or9
employee to submit to a name-based criminal history JUDICIAL record10
check, as defined in section 22-2-119.3 (6)(d).11
(b)  All costs arising from a fingerprint-based criminal history12
record check performed by the Colorado bureau of investigation and the13
federal bureau of investigation pursuant to the provisions of this section14
or a name-based criminal history JUDICIAL record check performed15
pursuant to this section must be borne by the nonpublic school. Such THE16
costs may be passed on to the employee or the prospective employee.17
SECTION 23. In Colorado Revised Statutes, 22-30.5-110.5,18
amend (2)(b)(I) and (2)(b)(II) introductory portion as follows:19
22-30.5-110.5.  Background investigation - charter school20
employees - information provided to department - definitions.21
(2)  The background investigation of an applicant, at a minimum, must22
include:23
(b) (I)  A fingerprint-based criminal history record check and, if24
necessary, a name-based criminal history JUDICIAL record check, as25
described in section 22-30.5-110.7.26
(II)  The criminal history record check shall be designed to27
1270
-14- determine, at a minimum, whether the applicant has been convicted of,1
pled nolo contendere or guilty to, or received a deferred sentence or2
deferred prosecution for:3
SECTION 24. In Colorado Revised Statutes, 22-30.5-110.7,4
amend (4)(b), (5)(a) introductory portion, (6)(b), (6.5), and (9)(b) as5
follows:6
22-30.5-110.7.  Fingerprint-based criminal history record7
checks - charter school employees - procedures - exceptions -8
definitions. (4) (b)  When the results of a fingerprint-based criminal9
history record check of an employee performed pursuant to this10
subsection (4) reveal a record of arrest without a disposition, the charter11
school shall require that employee to submit to a name-based criminal12
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).13
(5) (a)  A charter school may employ a person in the charter school14
prior to receiving the results of the person's fingerprint-based criminal15
history record check or name-based criminal history JUDICIAL record16
check; except that:17
(6) (b)  When the results of a fingerprint-based criminal history18
record check of an employee performed pursuant to subsection (6)(a) of19
this section reveal a record of arrest without a disposition, the charter20
school shall require that employee to submit to a name-based criminal21
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).22
(6.5)  An employee or an applicant for employment with a charter23
school is disqualified from employment if the results of a24
fingerprint-based criminal history record check or name-based criminal25
history JUDICIAL record check completed on or after August 10, 2011,26
disclose a conviction for an offense described in section 22-32-109.827
1270
-15- (6.5). Nothing in this section or in section 22-32-109.8 creates for a1
person a property right in or entitlement to employment or continued2
employment with a charter school or impairs a charter school's right to3
terminate employment for a nondiscriminatory reason.4
(9) (b)  The employing charter school shall be responsible for costs5
arising from a name-based criminal history JUDICIAL record check6
performed pursuant to this section. The charter school may collect the7
costs from the employee or the prospective employee.8
SECTION 25. In Colorado Revised Statutes, 22-30.5-511.5,9
amend (1), (2), and (2.5) as follows:10
22-30.5-511.5.  Background investigation - prohibition against11
employing persons - institute charter school employees' information12
provided to department. (1)  An institute charter school shall conduct13
a background investigation, including a fingerprint-based criminal history14
record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7,15
of an applicant to whom an offer of employment is extended by the16
institute charter school to determine whether the applicant is suitable to17
work in an environment with children. An applicant who applies for a18
position of employment with an institute charter school shall submit to a19
background investigation, including a fingerprint-based criminal history20
record check, and, as necessary, a name-based criminal history JUDICIAL21
record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7.22
(2)  When an institute charter school finds good cause to believe23
that a person employed by the institute charter school has been convicted24
of a felony or misdemeanor, other than a misdemeanor traffic offense or25
traffic infraction subsequent to such employment, the institute charter26
school shall require the person to submit to the institute charter school a27
1270
-16- complete set of his or her THE PERSON'S fingerprints for a1
fingerprint-based criminal history record check and, as necessary, a2
name-based criminal history JUDICIAL record check, as described in3
section 22-30.5-110.7 (6).4
(2.5)  An employee or an applicant for employment with an5
institute charter school is disqualified from employment if the results of6
a fingerprint-based criminal history record check or a name-based7
criminal history JUDICIAL record check completed on or after August 10,8
2011, disclose a conviction for an offense described in section9
22-32-109.8 (6.5). Nothing in this section or in section 22-32-109.810
creates for a person a property right in or entitlement to employment or11
continued employment with an institute charter school or impairs an12
institute charter school's right to terminate employment for a13
nondiscriminatory reason.14
SECTION 26. In Colorado Revised Statutes, 22-30.7-111,15
amend (1)(b)(VII) as follows:16
22-30.7-111.  Learning centers - memoranda of understanding17
- rules - appeal process. (1) (b)  A multi-district online school that18
intends to provide instruction to students within a learning center shall19
notify the school district in which the proposed learning center is located20
of the multi-district online school's intention in writing at least ninety21
days before the multi-district online school intends to commence22
providing such instruction. The notice must include the standard MOU23
form that addresses, at a minimum, the following information as it applies24
to each learning center to be located within the school district:25
(VII)  Measures to ensure compliance with state and federal laws26
concerning educator licensing, fingerprint-based criminal history record27
1270
-17- checks, and name-based criminal history JUDICIAL record checks;1
SECTION 27. In Colorado Revised Statutes, 22-32-109.8,2
amend (4)(b), (5)(a) introductory portion, (5)(a)(II), and (6)(a.5) as3
follows:4
22-32-109.8.  Applicants selected for nonlicensed positions -5
submittal of form and fingerprints - prohibition against employing6
persons - department database. (4) (b)  When the results of a7
fingerprint-based criminal history record check of an applicant performed8
pursuant to this subsection (4) reveal a record of arrest without a9
disposition, the school district shall require that applicant to submit to a10
name-based criminal history JUDICIAL record check, as defined in section11
22-2-119.3 (6)(d).12
(5) (a)  A school district may employ a person in a nonlicensed13
position in the school district prior to receiving the results regarding the14
selected applicant's fingerprint-based 
CRIMINAL HISTORY RECORD CHECK15
or name-based criminal history
 JUDICIAL record check; however:16
(II)  The school district shall terminate the person's employment17
if the results of a fingerprint-based criminal history record check or18
name-based criminal history JUDICIAL record check completed on or after19
August 10, 2011, disclose a conviction for an offense described in20
subsection (6.5) of this section.21
(6) (a.5)  When the results of a fingerprint-based criminal history22
record check of an employee performed pursuant to this subsection (6)23
reveal a record of arrest without a disposition, the school district shall24
require that employee to submit to a name-based criminal history25
JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).26
SECTION 28. In Colorado Revised Statutes, 22-32-109.9,27
1270
-18- amend (2)(b) and (3) as follows:1
22-32-109.9.  Licensed personnel - submittal of fingerprints.2
(2) (b)  When the results of a fingerprint-based criminal history record3
check of an employee performed pursuant to this section reveal a record4
of arrest without a disposition, the school district shall require that5
employee to submit to a name-based criminal history JUDICIAL record6
check, as defined in section 22-2-119.3 (6)(d).7
(3)  All costs arising from the taking of fingerprints and from any8
fingerprint processing performed by the Colorado bureau of investigation9
pursuant to the provisions of subsection (1) of this section and costs10
arising from the performance of a name-based criminal history JUDICIAL11
record check must be borne by school districts. School districts shall not12
charge licensed personnel any fees for the direct and indirect costs of such13
THE school district for fingerprint processing or criminal history record14
checks performed pursuant to the provisions of subsection (1) of this15
section.16
SECTION 29. In Colorado Revised Statutes, 22-60.5-103,17
amend (7) as follows:18
22-60.5-103.  Applicants - licenses - authorizations - submittal19
of form and fingerprints - failure to comply constitutes grounds for20
denial. (7)  When the results of a fingerprint-based criminal history21
record check of an applicant or a search of any other source of criminal22
history information performed pursuant to this section reveals a record of23
arrest without a disposition, the department of education shall require that24
applicant to submit to a name-based criminal history JUDICIAL record25
check, as defined in section 22-2-119.3 (6)(d).26
SECTION 30. In Colorado Revised Statutes, 22-62-103.5,27
1270
-19- amend (1) as follows:1
22-62-103.5.  Record checks - definition. (1)  A school district or2
charter school that requires a fingerprint-based criminal history record3
check or a name-based criminal history JUDICIAL record check for a4
student enrolled in an educator preparation program who applies for field5
experiences within the school district or charter school must accept the6
results of a fingerprint-based criminal history record check or a7
name-based criminal history JUDICIAL record check performed pursuant8
to section 22-2-119.3 as satisfaction of the requirement.9
SECTION 31. In Colorado Revised Statutes, 23-64-110, amend10
(1)(a)(II) as follows:11
23-64-110.  Submittal of fingerprints for persons teaching at12
designated schools - fingerprint-based criminal history record checks13
- prerequisite for commencing or continuing employment.14
(1) (a) (II)  When the results of a fingerprint-based criminal history record15
check of instructional staff or prospective instructional staff performed16
pursuant to this section reveal a record of arrest without a disposition, the17
board shall require the instructional staff or prospective instructional staff18
to submit to a name-based criminal history JUDICIAL record check, as19
defined in section 22-2-119.3 (6)(d). Instructional staff or prospective20
instructional staff shall pay the fee established by the board for21
conducting the named-based criminal history JUDICIAL record check.22
SECTION 32. In Colorado Revised Statutes, 24-31-304, amend23
(3)(b) as follows:24
24-31-304.  Applicant for training - fingerprint-based criminal25
history record check. (3) (b)  When the results of a fingerprint-based26
criminal history record check of a person seeking to enroll in a training27
1270
-20- academy performed pursuant to this section reveal a record of arrest1
without a disposition, the P.O.S.T. board shall require that person to2
submit to a name-based criminal history JUDICIAL record check, as3
defined in section 22-2-119.3 (6)(d).4
SECTION 33. In Colorado Revised Statutes, 24-31-702, amend5
(2)(f) as follows:6
24-31-702.  Colorado domestic violence fatality review board7
- creation - membership - purpose - duties. (2) (f)  Before commencing8
his or her service on the review team, each member shall submit his or her9
THE MEMBER'S fingerprints to the Colorado bureau of investigation for the10
purposes of a criminal background check. The bureau shall forward the11
results of each background check to the attorney general. When the12
results of a fingerprint-based criminal history record check of a member13
performed pursuant to this section reveal a record of arrest without a14
disposition, the attorney general shall require that member to submit to a15
name-based criminal history JUDICIAL record check, as defined in section16
22-2-119.3 (6)(d).17
SECTION 34. In Colorado Revised Statutes, 24-33.5-705.5,18
amend (4)(b) as follows:19
24-33.5-705.5.  Auxiliary emergency communications unit -20
powers and duties of unit and office of emergency management21
regarding auxiliary communications - definitions. (4)  In connection22
with the powers and duties of the unit as specified in this section, the23
director of the office may:24
(b)  Conduct criminal background investigations on candidates for25
credentialing as auxiliary emergency communicators in accordance with26
the security needs of the department. When the results of a27
1270
-21- fingerprint-based criminal history record check of an applicant performed1
pursuant to this section reveal a record of arrest without a disposition, the2
director shall require that applicant to submit to a name-based criminal3
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).4
The unit may deny credentialing to any candidate based upon the results5
of a background check.6
SECTION 35. In Colorado Revised Statutes, amend 24-50-10027
as follows:8
24-50-1002.  State agencies with access to federal tax9
information - authorization for background checks - procedure -10
costs. (1)  Each applicant, state employee, state contractor, or other11
individual who has or may have access through a state agency to federal12
tax information received from the federal government shall submit a13
complete set of his or her THE PERSON'S fingerprints to the state agency.14
The state agency shall submit the fingerprints to the Colorado bureau of15
investigation for the purpose of conducting fingerprint-based criminal16
history record checks. The Colorado bureau of investigation shall forward17
the fingerprints to the federal bureau of investigation for the purpose of18
conducting fingerprint-based criminal history record checks. The state19
agency shall acquire a name-based criminal history JUDICIAL record20
check, as defined in section 22-2-119.3 (6)(d), for an applicant, state21
employee, state contractor, or other individual who has twice submitted22
to a fingerprint-based criminal history record check and whose23
fingerprints are unclassifiable or when the results of a fingerprint-based24
criminal history record check of a person performed pursuant to this25
section reveal a record of arrest without a disposition. The state agency26
may collect the fingerprints of the applicant, state employee, state27
1270
-22- contractor, or other individual or may use the fingerprinting services of1
another state agency or other entity authorized to collect fingerprints for2
the purpose of conducting fingerprint-based criminal history record3
checks.4
(2)  The state agency shall use the information resulting from the5
fingerprint-based 
CRIMINAL HISTORY RECORD CHECK or name-based6
criminal history
 JUDICIAL record check to investigate and determine7
whether the applicant, state employee, state contractor, or other individual8
is qualified to have access to federal tax information in accordance with9
federal internal revenue service publication 1075. The state agency may10
verify the information an individual is required to submit. The state11
agency shall deny access to federal tax information received from the12
federal government to an applicant, state employee, state contractor, or13
other individual who does not pass the criminal history record check14
required by this section.15
(3)  The state agency shall pay the costs associated with16
fingerprint-based criminal history record checks to the Colorado bureau17
of investigation and pay the costs associated with a name-based criminal18
history JUDICIAL record check.19
SECTION 36. In Colorado Revised Statutes, 24-50-1003, amend20
(2), (3), and (4) as follows:21
24-50-1003.  County departments with access to federal tax22
information - authorization for background checks - procedure -23
costs. (2)  Each applicant, county employee, county contractor, or other24
individual who has or may have access to federal tax information subject25
to an agreement authorized under subsection (1) of this section shall26
submit a complete set of his or her THE PERSON'S fingerprints to the27
1270
-23- county department. The county department shall submit the fingerprints1
to the Colorado bureau of investigation for the purpose of conducting2
fingerprint-based criminal history record checks. The Colorado bureau of3
investigation shall forward the fingerprints to the federal bureau of4
investigation for the purpose of conducting fingerprint-based criminal5
history record checks. The county department shall acquire a name-based6
criminal history JUDICIAL record check, as defined in section 22-2-119.37
(6)(d), for an applicant, county employee, county contractor, or other8
individual who has twice submitted to a fingerprint-based criminal history9
record check and whose fingerprints are unclassifiable or when the results10
of a fingerprint-based criminal history record check of a person11
performed pursuant to this section reveal a record of arrest without a12
disposition.13
(3)  The county department shall use the information resulting14
from the fingerprint-based 
CRIMINAL HISTORY RECORD CHECK or15
name-based criminal history
 JUDICIAL record check to investigate and16
determine whether the applicant, county employee, county contractor, or17
other individual is qualified to have access to the shared federal tax18
information in accordance with federal internal revenue service19
publication 1075. The county department may verify the information an20
individual is required to submit. The county department shall deny access21
to the shared federal tax information to an applicant, county employee,22
county contractor, or other individual who does not pass the criminal23
history record check required in accordance with this section.24
(4)  The county department shall pay the costs associated with25
fingerprint-based criminal history record checks to the Colorado bureau26
of investigation and pay the costs associated with a name-based criminal27
1270
-24- history JUDICIAL record check.1
SECTION 37. In Colorado Revised Statutes, 25-1-124.5, amend2
(1) and (3) as follows:3
25-1-124.5.  Nursing care facilities - employees - record check4
- adult protective services data system check - definition. (1)  On and5
after September 1, 1996, prior to employing any person, a nursing care6
facility or the person seeking employment at a nursing care facility shall7
make an inquiry to the director of the Colorado bureau of investigation or8
to private criminal background check companies authorized to do9
business in the state of Colorado to ascertain whether such THE person10
has a criminal history, including arrest and conviction records. The11
Colorado bureau of investigation or private criminal background check12
companies are authorized to utilize fingerprints to ascertain from the13
federal bureau of investigation whether such THE person has a criminal14
history record. When the results of a fingerprint-based criminal history15
record check of an applicant performed pursuant to this section reveal a16
record of arrest without a disposition, the nursing care facility shall17
require that applicant to submit to a name-based criminal history JUDICIAL18
record check, as defined in section 22-2-119.3 (6)(d). The nursing care19
facility or the person seeking employment in a nursing care facility shall20
pay the costs of an inquiry or a name-based criminal history JUDICIAL21
record check performed pursuant to this section. The criminal history22
record check must be conducted not more than ninety days prior to the23
employment of the applicant. For purposes of this section, criminal24
background check companies must be approved by the state board of25
nursing. In approving such THE companies, approval must be based upon26
the provision of lawfully available, accurate, and thorough information27
1270
-25- pertaining to criminal histories, including arrest and conviction records.1
(3)  In addition to the criminal history background check required2
pursuant to this section, on and after January 1, 2019, prior to3
employment, a nursing care facility shall submit the name of a person4
who will be providing direct care, as defined in section 26-3.1-101 (3.5),5
to an at-risk adult, as defined in section 26-3.1-101 (1.5), as well as any6
other required identifying information, to the department of human7
services for a check of the Colorado adult protective services data system8
pursuant to section 26-3.1-111, to determine if the person is substantiated9
in a case of mistreatment of an at-risk adult.10
SECTION 38. In Colorado Revised Statutes, 25-1.5-302, amend11
(8) as follows:12
25-1.5-302.  Administration of medications - powers and duties13
of department - record checks. (8)  Each owner, operator, or supervisor14
of a facility who employs a person who is not licensed to administer15
medications shall conduct a criminal background check on each employee16
prior to employment or promotion to a position in which the person has17
access to medications. When the results of a fingerprint-based criminal18
history record check of an employee performed pursuant to this section19
reveal a record of arrest without a disposition, the owner, operator, or20
supervisor of the facility shall require that employee to submit to a21
name-based criminal history JUDICIAL record check, as defined in section22
22-2-119.3 (6)(d).23
SECTION 39. In Colorado Revised Statutes, 25-3.5-203, amend24
(1)(c)(III), (4)(a), (4)(f)(II), and (4)(g) as follows:25
25-3.5-203.  Emergency medical service providers - licensure26
- renewal of license - duties of department - rules - record checks -27
1270
-26- definitions. (1) (c) (III)  The department may issue a provisional1
certification or license to an applicant whose fingerprint-based criminal2
history record check has not yet been completed. The department shall3
require the applicant to submit to a name-based criminal history JUDICIAL4
record check prior to issuing a provisional certification or license.5
(4) (a)  The department shall require a certification or licensure6
applicant to submit to a federal bureau of investigation fingerprint-based7
national criminal history record check from the Colorado bureau of8
investigation to investigate the applicant for an emergency medical9
service provider certificate or license. The department may acquire a10
name-based criminal history JUDICIAL record check for a certificate or11
license applicant. who has twice submitted to a fingerprint-based criminal12
history record check and whose fingerprints are unclassifiable.13
(f)  If an applicant for certification or licensure renewal has lived14
in Colorado for:15
(II)  Three years or less at the time of certification or licensure16
renewal and submitted to a federal bureau of investigation17
fingerprint-based national criminal history record check at the time of18
initial certification or licensure or a previous renewal of certification or19
licensure, the applicant shall submit to another federal bureau of20
investigation fingerprint-based national criminal history record check21
from the Colorado bureau of investigation; except that the department22
may acquire a state name-based criminal history JUDICIAL record check23
for an applicant. who has twice submitted to a fingerprint-based criminal24
history record check and whose fingerprints are unclassifiable.25
(g)  When the results of a fingerprint-based criminal history record26
check of a person performed pursuant to this subsection (4) reveal a27
1270
-27- record of arrest without a disposition, the department, government entity,1
or private, not-for-profit, or for-profit organization that required the2
fingerprint-based criminal history record check shall require that person3
to submit to a name-based criminal history JUDICIAL record check, as4
defined in section 22-2-119.3 (6)(d).5
SECTION 40. In Colorado Revised Statutes, 25-3.5-1103,6
amend (4)(c) and (5) as follows:7
25-3.5-1103.  Registration - rules - funds. (4) (c)  The department8
may issue a provisional registration to an applicant whose9
fingerprint-based criminal history record check has not yet been10
completed. The department shall require the applicant to submit 
TO a11
name-based criminal history
 JUDICIAL record check prior to issuing a12
provisional registration.13
(5) (a)  The department shall acquire a fingerprint-based criminal14
history record check from the Colorado bureau of investigation to15
investigate the holder of or applicant for an emergency medical responder16
registration. The department may acquire a name-based criminal history17
JUDICIAL record check for a registrant or an applicant. who has twice18
submitted to a fingerprint-based criminal history record check and whose19
fingerprints are unclassifiable. Notwithstanding paragraph (b) of this20
subsection (5) SUBSECTION (5)(b) OF THIS SECTION, if a person submitted21
to a fingerprint-based criminal history record check at the time of initial22
registration or registration renewal, the person shall not be IS NOT23
required to submit to a subsequent fingerprint-based criminal history24
record check.25
(b)  If, at the time of application for registry or for renewal, an26
individual has lived in the state for three years or less, the department27
1270
-28- shall require the applicant to submit to a federal bureau of investigation1
fingerprint-based national criminal history record check; except that the2
department may acquire a national name-based criminal history JUDICIAL3
record check for an applicant. who has twice submitted to a4
fingerprint-based criminal history record check and whose fingerprints5
are unclassifiable. The department shall be IS the authorized agency to6
receive and disseminate information regarding the result of any national7
criminal history record check.8
(c)  When the results of a fingerprint-based criminal history record9
check of a person performed pursuant to this subsection (5) reveal a10
record of arrest without a disposition, the department shall require that11
person to submit to a name-based criminal history JUDICIAL record check,12
as defined in section 22-2-119.3 (6)(d).13
SECTION 41. In Colorado Revised Statutes, 25-3.5-1305,14
amend (3)(a)(III), (3)(a)(IV), and (3)(b) as follows:15
25-3.5-1305.  License - application - inspection - record check16
- issuance. (3) (a) (III)  The department may acquire a name-based17
criminal history JUDICIAL record check for an owner, manager, or18
administrator. who has twice submitted to a fingerprint-based criminal19
history record check and whose fingerprints are unclassifiable.20
(IV)  When the results of a fingerprint-based criminal history21
record check of a person performed pursuant to this subsection (3) reveal22
a record of arrest without a disposition, the department shall require that23
person to submit to a name-based criminal history JUDICIAL record check,24
as defined in section 22-2-119.3 (6)(d).25
(b)  The department may deny a license or renewal of a license if26
the results of a criminal history record check of an owner, manager, or27
1270
-29- administrator demonstrates that the owner, manager, or administrator has1
been convicted of a felony or a misdemeanor involving conduct that the2
department determines could pose a risk to the health, safety, or welfare3
of community integrated health-care service consumers.4
SECTION 42. In Colorado Revised Statutes, 25-27-105, amend5
(2.5)(a.7) as follows:6
25-27-105.  License - application - inspection - issuance.7
(2.5) (a.7)  When the results of a fingerprint-based criminal history record8
check of an applicant performed pursuant to this section reveal a record9
of arrest without a disposition, the department shall require that applicant10
to submit to a name-based criminal history JUDICIAL record check, as11
defined in section 22-2-119.3 (6)(d).12
SECTION 43. In Colorado Revised Statutes, 25-27.5-106,13
amend (3), (6), and (7) as follows:14
25-27.5-106.  License or registration - application - inspection15
- issuance - rules. (3) (a)  With the submission of an application for a16
license or registration granted pursuant to this article ARTICLE 27.5 or17
within ten days after a change in the owner, manager, or administrator,18
each owner of a home care agency or home care placement agency and19
each manager or administrator of a home care agency or home care20
placement agency must submit a complete set of his or her THE PERSON'S21
fingerprints to the Colorado bureau of investigation for the purpose of22
conducting a state and national fingerprint-based criminal history record23
check utilizing records of the Colorado bureau of investigation and the24
federal bureau of investigation. Each owner and each manager or25
administrator is responsible for paying the fee established by the26
Colorado bureau of investigation for conducting the fingerprint-based27
1270
-30- criminal history record check to the bureau. Upon completion of the1
FINGERPRINT-BASED criminal history record check, the bureau shall2
forward the results to the department. The department may acquire a3
name-based criminal history record check for an applicant. who has twice4
submitted to a fingerprint-based criminal history record check and whose5
fingerprints are unclassifiable.6
(a.5)  When the results of a fingerprint-based criminal history7
record check of a person performed pursuant to this subsection (3) reveal8
a record of arrest without a disposition, the department shall require that9
person to submit to a name-based criminal history JUDICIAL record check,10
as defined in section 22-2-119.3 (6)(d).11
(b)  The department shall use the information from the criminal12
history record check in ascertaining whether the person applying for13
licensure or registration has been convicted of a felony or of a14
misdemeanor, which felony or misdemeanor involves conduct that the15
department determines could pose a risk to the health, safety, or welfare16
of home care consumers of the home care agency or home care placement17
agency. The department shall maintain information obtained in18
accordance with this section.19
(6)  The department may issue a provisional license to an applicant20
for the purpose of operating a home care agency for a period of ninety21
days if the applicant is temporarily unable to conform to all of the22
minimum standards required under this article ARTICLE 27.5; except that23
no license shall be issued to an applicant if the operation of the applicant's24
home care agency will adversely affect the health, safety, or welfare of25
the home care consumers of such home care agency. As a condition of26
obtaining a provisional license, the applicant shall show proof to the27
1270
-31- department that attempts are being made to conform and comply with1
applicable standards. No provisional license shall be granted prior to the2
completion of a criminal background check in accordance with subsection3
(3) of this section and a finding in accordance with subsection (4) of this4
section. A second provisional license may be issued, for a like term and5
fee, to effect compliance. No further provisional licenses may be issued6
for the current year after the second issuance.7
(7)  If requested by the Colorado department of health care policy8
and financing, the department may issue a provisional license for a period9
of ninety days to an agency that has applied to be a certified home care10
agency as defined in section 25-27.5-102. A provisional license shall not11
be granted prior to the completion of a criminal history record check in12
accordance with subsection (3) of this section and a finding in accordance13
with subsection (4) of this section. A second provisional license may be14
issued, for a like term and fee, to effect compliance. No further15
provisional licenses may be issued for the current year after the second16
issuance.17
SECTION 44. In Colorado Revised Statutes, 25-27.6-106,18
amend (3) and (6) as follows:19
25-27.6-106.  License - application - inspection - issuance.20
(3) (a)  With the submission of an application for a license to operate a21
behavioral health entity, or within ten days after a change in owner or22
manager of a behavioral health entity, each owner and manager shall23
submit a complete set of his or her THE PERSON'S fingerprints to the24
Colorado bureau of investigation for the purpose of conducting a25
fingerprint-based criminal history record check. The Colorado bureau of26
investigation shall forward the fingerprints to the federal bureau of27
1270
-32- investigation for the purpose of conducting fingerprint-based criminal1
history record checks. Each owner and each manager shall pay the bureau2
the costs associated with the fingerprint-based criminal history record3
check. Upon completion of the 
FINGERPRINT-BASED criminal history4
record check, the bureau shall forward the results to the department. The
5
department may acquire a name-based criminal history record check for6
an applicant who has twice submitted to a fingerprint-based criminal7
history record check and whose fingerprints are unclassifiable. WHEN THE8
RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK OF9
A PERSON PERFORMED PURSUANT TO THIS SUBSECTION (3) REVEAL A10
RECORD OF ARREST WITHOUT A DISPOSITION , THE DEPARTMENT SHALL11
REQUIRE THAT PERSON TO SUBMIT TO A NAME -BASED JUDICIAL RECORD12
CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d).13
(b)  The department shall use the information from the criminal14
history record checks performed pursuant to subsection (3)(a) of this15
section to determine whether the person applying for licensure has been16
convicted of a felony or misdemeanor that involves conduct that the17
department determines could pose a risk to the health, safety, or welfare18
of behavioral health entity consumers. The department shall keep19
information obtained in accordance with this section confidential.20
(6)  The department may issue a provisional license to operate a21
behavioral health entity to an applicant for the purpose of operating a22
behavioral health entity for a period of ninety days if the applicant is23
temporarily unable to conform to all of the minimum standards required24
pursuant to this article 27.6; except that the department shall not issue a25
provisional license to an applicant if the operation of the behavioral26
health entity will adversely affect the health, safety, or welfare of the27
1270
-33- consumers of the behavioral health entity. As a condition of obtaining a1
provisional license, the applicant shall show proof to the department that2
attempts are being made to conform and comply with the applicable3
standards required pursuant to this article 27.6. The department shall not4
grant a provisional license prior to the completion of a criminal5
background check in accordance with subsection (3) of this section and6
a determination in accordance with subsection (4) of this section. A7
second provisional license may be issued, for a like term and fee, to effect8
compliance. No further provisional licenses may be issued for the current9
year after the second issuance.10
SECTION 45. In Colorado Revised Statutes, 26-3.1-107, amend11
(1) as follows:12
26-3.1-107.  Background check - adult protective services data13
system check. (1)  Each county department shall require each protective14
services employee hired on or after May 29, 2012, to complete a15
fingerprint-based criminal history record check utilizing the records of the16
Colorado bureau of investigation and the federal bureau of investigation.17
The employee shall pay the cost of the fingerprint-based criminal history18
record check unless the county department chooses to pay the cost. Upon19
completion of the 
FINGERPRINT-BASED criminal history record check, the20
Colorado bureau of investigation shall forward the results to the county21
department. The county department shall require a name-based criminal
22
history JUDICIAL record check, AS DEFINED IN SECTION 22-2-119.3 (6)(d),23
for an applicant or an employee who has twice submitted to a24
fingerprint-based criminal history record check and whose fingerprints25
are unclassifiable or when the results of a fingerprint-based criminal26
history record check of an applicant performed pursuant to this section27
1270
-34- reveal a record of arrest without a disposition. as defined in section1
22-2-119.3 (6)(d).2
SECTION 46. In Colorado Revised Statutes, 26-6-103.3, amend3
(2) as follows:4
26-6-103.3.  Substitute child care providers - substitute5
placement agency - licensing - rules. (2)  The state board shall6
promulgate rules for substitute placement agencies and substitute child7
care providers. At a minimum, state board rules must require that the8
substitute child care provider demonstrate that he or she THE PROVIDER9
has the training and certification for the child care license type and10
position in which the substitute child care provider is placed. Pursuant to11
section 26-6-107 (1)(a)(I)(C), each substitute child care provider shall pay12
for and submit to a fingerprint-based criminal history record check and a13
review of the records and reports of child abuse or neglect maintained by14
the state department to determine whether the substitute child care15
provider has been found to be responsible in a confirmed report of child16
abuse or neglect. When the results of a fingerprint-based criminal history17
record check or any other records check performed on a person pursuant18
to this subsection (2) reveal a record of arrest without a disposition, the19
state board shall require that person to submit to a name-based criminal20
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).21
The substitute placement agency shall not place a substitute child care22
provider who is convicted of any of the crimes specified in section23
26-6-104 (7) or section 26-6-108.24
SECTION 47. In Colorado Revised Statutes, 26-6-103.5, amend25
(2)(f)(V) as follows:26
26-6-103.5.  Application of part - guest child care facilities -27
1270
-35- public services short-term child care facilities - definition. (2)  A1
person or entity shall not operate a guest child care facility or a public2
services short-term child care facility unless the following requirements3
are met:4
(f) (V)  When the results of a fingerprint-based criminal history5
record check or any other records check performed pursuant to this6
subsection (2)(f) reveal a record of arrest without a disposition, the guest7
child care facility or public services short-term child care facility shall8
require the supervisory employee or applicant for a supervisory employee9
position to submit to a name-based criminal history JUDICIAL record10
check, as defined in section 22-2-119.3 (6)(d);11
SECTION 48. In Colorado Revised Statutes, 26-6-104, amend12
(7.5)(b) as follows:13
26-6-104.  Licenses - out-of-state notices and consent -14
demonstration pilot program - definition - rules. (7.5) (b)  When the15
results of a fingerprint-based criminal history record check performed16
pursuant to this subsection (7.5) reveal a record of arrest without a17
disposition, the state department shall require the person to submit to a18
name-based criminal history JUDICIAL record check, as defined in section19
22-2-119.3 (6)(d). The costs for the name-based criminal history JUDICIAL20
record check must be borne by the applicant.21
SECTION 49. In Colorado Revised Statutes, 26-6-106.3, amend22
(5)(e) and (6)(a) as follows:23
26-6-106.3.  Certification and annual recertification of foster24
care homes by county departments and licensed child placement25
agencies - background and reference check requirements -26
definitions. (5)  Prior to issuing a certificate or a recertification to an27
1270
-36- applicant to operate a foster care home, a county department or a child1
placement agency licensed under the provisions of this part 1 shall2
conduct the following background checks for the applicant for a3
certificate, a person employed by the applicant, or a person who resides4
at the facility or the home:5
(e)  When the results of a fingerprint-based criminal history record6
check or any other records check performed pursuant to this subsection7
(5) reveal a record of arrest without a disposition, the county department8
or child placement agency shall require the person to submit to a9
name-based criminal history JUDICIAL record check, as defined in section10
22-2-119.3 (6)(d).11
(6)  A county department or a child placement agency licensed12
under the provisions of this part 1 shall not issue a certificate to operate,13
or a recertification to operate, a foster care home and shall revoke or14
suspend a certificate if the applicant for the certificate, a person employed15
by the applicant, or a person who resides at the facility or home:16
(a)  Has been convicted of any of the crimes listed in subsection17
(5)(a) of this section as verified through a fingerprint-based criminal18
history record check, a name-based criminal history JUDICIAL record19
check, if necessary, and a check of the ICON system at the state judicial20
department;21
SECTION 50. In Colorado Revised Statutes, 26-6-107, amend22
(1)(a)(I.5)(C) and (1)(a.7)(I)(E) as follows:23
26-6-107.  Investigations and inspections - local authority -24
reports - rules. (1) (a) (I.5)  Rules promulgated by the state board25
pursuant to subsection (1)(a)(I) of this section must also include:26
(C)  When the results of an investigation performed pursuant to27
1270
-37- subsection (1)(a)(I) of this section or this subsection (1)(a)(I.5) reveal a1
record of arrest without a disposition, a name-based criminal history2
JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).3
(a.7) (I)  For all applicants applying to be a foster care home or4
kinship foster care home, regardless of reimbursement, the county5
department or child placement agency shall require each adult who is6
eighteen years of age or older and who resides in the home to obtain a7
fingerprint-based criminal history record check through the Colorado8
bureau of investigation and the federal bureau of investigation. The9
applicant must provide the county department or child placement agency10
with the addresses where the applicant and any adult residing in the home11
has lived in the preceding five years, including addresses from other12
states. The county department or the child placement agency shall13
conduct the following background checks of the applicant or an adult14
residing in the home:15
(E)  When the results of a fingerprint-based criminal history record16
check performed pursuant to this subsection (1)(a.7)(I) reveal a record of17
arrest without a disposition, a name-based criminal history JUDICIAL18
record check, as defined in section 22-2-119.3 (6)(d).19
SECTION 51. In Colorado Revised Statutes, 26-6-120, amend20
(1.5) and (5) as follows:21
26-6-120.  Exempt family child care home providers -22
fingerprint-based criminal history record check - child care23
assistance program money - temporary care - rules - definitions.24
(1.5) (a)  When the results of an FCC performed pursuant to subsection25
(1) of this section reveal a record of arrest without a disposition, the state26
department shall require that person to submit to a name-based criminal27
1270
-38- history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).1
(b)  A person who undergoes a name-based criminal history2
JUDICIAL record check shall pay to the state department a fee established3
by rule of the state board pursuant to subsection (5) of this section to4
offset the costs associated with performing the name-based criminal5
history JUDICIAL record check.6
(5)  The state board shall promulgate rules to establish the amount7
of the fee to collect from a qualified provider or qualified adult who is8
subject to an FCC pursuant to subsection (1) of this section or a9
name-based criminal history JUDICIAL record check pursuant to10
subsection (1.5) of this section. The state department is authorized to11
collect the fee at the time of the FCC or name-based criminal history12
JUDICIAL record check.13
SECTION 52. In Colorado Revised Statutes, 27-90-111, amend14
(4) as follows:15
27-90-111.  Employment of personnel - screening of applicants16
- disqualifications from employment - contracts - rules - definitions.17
(4)  Prior to the department's permanent employment of a person in a18
position that would require that person to have direct contact with a19
vulnerable person, the executive director or any division head of the20
department shall make an inquiry to the director of the Colorado bureau21
of investigation to ascertain whether the person has a criminal history.22
The person's employment is conditional upon a satisfactory state and23
national fingerprint-based criminal history record check. A criminal24
history record check conducted pursuant to this subsection (4) must25
include but need not be limited to arrests, conviction records, and the26
disposition of any criminal charges. The department shall require the27
1270
-39- person to have his or her THE PERSON'S fingerprints taken by a local law1
enforcement agency or any third party approved by the Colorado bureau2
of investigation. If an approved third party takes the person's fingerprints,3
the fingerprints may be electronically captured using Colorado bureau of4
investigation-approved livescan equipment. Third-party vendors shall not5
keep the applicant information for more than thirty days unless requested6
to do so by the applicant. The department shall forward those fingerprints7
to the Colorado bureau of investigation for the purpose of fingerprint8
processing utilizing the files and records of the Colorado bureau of9
investigation and the federal bureau of investigation. When the results of10
a fingerprint-based criminal history record check of a person performed11
pursuant to this section reveal a record of arrest without a disposition, the12
department shall require that person to submit to a name-based criminal13
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).14
The department shall pay for the costs of criminal history record checks15
conducted pursuant to this section out of existing appropriations.16
SECTION 53. In Colorado Revised Statutes, 35-61-104, amend17
(1)(c) as follows:18
35-61-104.  Registration - cultivation of industrial hemp -19
research and development growth - hemp management plan - rules.20
(1) (c)  With the submission of an application for registration, each key21
participant shall submit a complete set of fingerprints to the Colorado22
bureau of investigation or the department for the purpose of conducting23
fingerprint-based criminal history record checks. If received by the24
department, the department shall submit the fingerprints to the Colorado25
bureau of investigation for the purpose of conducting fingerprint-based26
criminal history record checks. The Colorado bureau of investigation27
1270
-40- shall forward the fingerprints to the federal bureau of investigation for the1
purpose of conducting a fingerprint-based criminal history record check.2
Upon completion of the 
FINGERPRINT-BASED criminal history record3
check, the bureau shall forward the results to the commissioner. The
4
department may acquire WHEN THE RESULTS OF A FINGERPRINT-BASED5
CRIMINAL HISTORY RECORD CHECK REVEAL A RECORD OF ARREST6
WITHOUT A DISPOSITION, THE DEPARTMENT SHALL REQUIRE A KEY7
PARTICIPANT TO SUBMIT a name-based criminal history JUDICIAL record8
check, 
AS DEFINED IN SECTION 22-2-119.3 (6)(d). for a key participant
9
who has twice submitted to a fingerprint-based criminal history record10
check and whose fingerprints are unclassifiable. The commissioner shall11
use the information resulting from the fingerprint-based criminal history12
record check to investigate and determine whether a key participant is13
qualified to be registered. The key participant shall pay the costs14
associated with the fingerprint-based criminal history record check.15
SECTION 54. In Colorado Revised Statutes, 40-10.1-110,16
amend (1.5), (3) introductory portion, (3)(c) introductory portion, (4), and17
(7) as follows:18
40-10.1-110.  Record check - rules. (1.5)  When the results of a19
fingerprint-based criminal history record check of an individual20
performed pursuant to this section reveal a record of arrest without a21
disposition, the commission shall require the individual to submit to a22
name-based criminal history JUDICIAL record check, as defined in section23
22-2-119.3 (6)(d). The individual shall pay the costs associated with a24
name-based criminal history JUDICIAL record check.25
(3)  An individual whose criminal history record is checked26
pursuant to this section is disqualified and prohibited from driving motor27
1270
-41- vehicles for the motor carrier described in subsection (1) of this section1
if the criminal history record check reflects that:2
(c)  Within the two years immediately preceding the date the3
criminal history record check is completed, the individual was:4
(4)  The commission shall consider the information resulting from5
the criminal history record check in its determination as to whether the6
individual has met the standards set forth in section 24-5-101 (2). C.R.S.7
(7)  The commission shall, consistent with the requirements of this8
section, promulgate rules concerning the employment of, contracting9
with, and retention of an individual whose criminal history record is10
checked pursuant to this section, and the frequency and circumstances11
requiring resubmission of fingerprints.12
SECTION 55. In Colorado Revised Statutes, 42-1-224, amend13
(2) as follows:14
42-1-224.  Record check. (2)  When the results of a15
fingerprint-based criminal history record check of a person performed16
pursuant to this section reveal a record of arrest without a disposition, the17
department shall require the person to submit to a name-based criminal18
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).19
The department shall pay the costs associated with a name-based criminal20
history JUDICIAL record check.21
SECTION 56. In Colorado Revised Statutes, 44-3-307, amend22
(3)(c) introductory portion as follows:23
44-3-307.  Persons prohibited as licensees - definition.24
(3) (c)  At the time of the application for a license, the applicant shall25
submit fingerprints and file personal history information concerning the26
applicant's qualifications for a license on forms prepared by the state27
1270
-42- licensing authority. The state and local licensing authorities shall submit1
such THE fingerprints to the Colorado bureau of investigation for the2
purpose of conducting fingerprint-based criminal history record checks.3
The Colorado bureau of investigation shall forward the fingerprints to the4
federal bureau of investigation for the purpose of conducting5
fingerprint-based criminal history record checks. An applicant who has6
previously submitted fingerprints for alcohol beverage licensing purposes7
may request that the fingerprints on file be used. When the results of a8
fingerprint-based criminal history record check of an applicant performed9
pursuant to this section reveal a record of arrest without a disposition, the10
licensing authority shall require the applicant to submit to a name-based11
criminal history JUDICIAL record check, as defined in section 22-2-119.312
(6)(d). The licensing authorities shall use the information resulting from13
the fingerprint-based 
CRIMINAL HISTORY RECORD CHECK and, if14
applicable, name-based criminal history
 JUDICIAL record check to15
investigate and to determine if an applicant is qualified for a license16
pursuant to this article 3 and article 4 of this title 44. The licensing17
authority is not prohibited from verifying MAY VERIFY any of the18
information required to be submitted by an applicant pursuant to this19
section. An applicant shall not be required to submit additional20
information beyond that required in this subsection (3) unless the21
licensing authority has determined any of the following:22
SECTION 57. In Colorado Revised Statutes, 44-10-307, amend23
(4)(c) as follows:24
44-10-307.  Persons prohibited as licensees - definition.25
(4) (c)  At the time of filing an application for issuance or renewal of a26
state medical marijuana business license or retail marijuana business27
1270
-43- license, an applicant shall submit a set of his or her fingerprints and file1
personal history information concerning the applicant's qualifications for2
a state license on forms prepared by the state licensing authority. The3
state or local licensing authority or local jurisdiction shall submit the4
fingerprints to the Colorado bureau of investigation for the purpose of5
conducting fingerprint-based criminal history record checks. The6
Colorado bureau of investigation shall forward the fingerprints to the7
federal bureau of investigation for the purpose of conducting8
fingerprint-based criminal history record checks. The WHEN THE RESULTS9
OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK REVEAL A10
RECORD OF ARREST WITHOUT A DISPOSITION , THE state or local licensing11
authority or local jurisdiction may acquire SHALL REQUIRE AN APPLICANT12
OR A LICENSE HOLDER TO SUBMIT a name-based criminal history JUDICIAL13
record check, 
AS DEFINED IN SECTION 22-2-119.3 (6)(d). for an applicant
14
or a license holder who has twice submitted to a fingerprint-based15
criminal history record check and whose fingerprints are unclassifiable.16
An applicant who has previously submitted fingerprints for state or local17
licensing purposes may request that the fingerprints on file be used. The18
state or local licensing authority or local jurisdiction shall use the19
information resulting from the fingerprint-based criminal history record20
check to investigate and determine whether an applicant is qualified to21
hold a state or local license pursuant to this article 10. The state or local22
licensing authority or local jurisdiction may verify any of the information23
an applicant is required to submit.24
SECTION 58. In Colorado Revised Statutes, 44-20-118, amend25
(8)(a.5) as follows:26
44-20-118.  Application - prelicensing education -27
1270
-44- fingerprint-based criminal history record check - rules.1
(8) (a.5)  When the results of a fingerprint-based criminal history record2
check of an applicant performed pursuant to this subsection (8) reveal a3
record of arrest without a disposition, the department shall require that4
applicant to submit to a name-based criminal history JUDICIAL record5
check, as defined in section 22-2-119.3 (6)(d).6
SECTION 59. In Colorado Revised Statutes, 44-20-417, amend7
(8)(a.5) as follows:8
44-20-417.  Application - fingerprint-based criminal history9
record check - rules. (8) (a.5)  When the results of a fingerprint-based10
criminal history record check of an applicant performed pursuant to this11
subsection (8) reveal a record of arrest without a disposition, the12
department shall require that applicant to submit to a name-based criminal13
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).14
SECTION 60. In Colorado Revised Statutes, 44-30-510, amend15
(3)(b) as follows:16
44-30-510.  Applicants and licensees - providing information17
- criminal history record check. (3) (b)  When the results of a18
fingerprint-based criminal history record check of an applicant performed19
pursuant to this subsection (3) reveal a record of arrest without a20
disposition, the commission shall require that applicant to submit to a21
name-based criminal history JUDICIAL record check, as defined in section22
22-2-119.3 (6)(d).23
SECTION 61. In Colorado Revised Statutes, 44-30-1606, amend24
(3)(b) and (4) as follows:25
44-30-1606.  Licensing - rules. (3) (b)  The director is governed26
by section 24-5-101 in considering the conviction or plea of nolo27
1270
-45- contendere to a felony for any individual subject to a criminal history1
record check pursuant to subsection (4) of this section.2
(4)  With the submission of an application for a license granted3
pursuant to this section, each applicant and its officers, directors, and4
general partners shall submit a complete set of his or her THE PERSON'S5
fingerprints to the Colorado bureau of investigation for the purpose of6
conducting fingerprint-based criminal history record checks. The7
Colorado bureau of investigation shall forward the fingerprints to the8
federal bureau of investigation for the purpose of conducting9
fingerprint-based criminal history record checks. A person who has10
previously submitted fingerprints for state or local licensing purposes may11
request the use of the fingerprints on file. The director shall require a12
name-based criminal history JUDICIAL record check, as defined in section13
22-2-119.3 (6)(d), for a person who has twice submitted to a14
fingerprint-based criminal history record check and whose fingerprints15
are unclassifiable or when the results of a fingerprint-based criminal16
history record check of a person performed pursuant to this subsection (4)17
reveal a record of arrest without a disposition. The director shall use the18
information resulting from the fingerprint-based 
CRIMINAL HISTORY19
RECORD CHECK or name-based criminal history
 JUDICIAL record check to20
investigate and determine whether an applicant is qualified to hold a21
license pursuant to this section. The director may verify the information22
an applicant is required to submit. The applicant shall pay the costs23
associated with the fingerprint-based criminal history record check to the24
Colorado bureau of investigation. The applicant is responsible for the25
costs associated with a name-based criminal history JUDICIAL record26
check.27
1270
-46- SECTION 62. In Colorado Revised Statutes, 44-32-503, amend1
(4)(b) as follows:2
44-32-503.  Rules of commission - licensing - record check.3
(4) (b)  When the results of a fingerprint-based criminal history record4
check of an applicant performed pursuant to this subsection (4) reveal a5
record of arrest without a disposition, the commission shall require that6
applicant to submit to a name-based criminal history JUDICIAL record7
check, as defined in section 22-2-119.3 (6)(d).8
SECTION 63. In Colorado Revised Statutes, 44-40-106, amend9
(10)(a.5) as follows:10
44-40-106.  Contractors supplying services, equipment, or11
materials - gaming equipment - disclosures - record check -12
definitions. (10) (a.5)  When the results of a fingerprint-based criminal13
history record check of a supplier performed pursuant to this subsection14
(10) reveal a record of arrest without a disposition, the division shall15
require the supplier to submit to a name-based criminal history JUDICIAL16
record check, as defined in section 22-2-119.3 (6)(d).17
SECTION 64. In Colorado Revised Statutes, 44-40-107, amend18
(11)(a.5) as follows:19
44-40-107.  Licenses. (11) (a.5)  When the results of a20
fingerprint-based criminal history record check of an applicant performed21
pursuant to this subsection (11) reveal a record of arrest without a22
disposition, the division shall require the applicant to submit to a23
name-based criminal history JUDICIAL record check, as defined in section24
22-2-119.3 (6)(d).25
SECTION 65. Safety clause. The general assembly hereby finds,26
1270
-47- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
1270
-48-