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Colorado House Bill HB1270

Colorado 2022 Regular Session

Colorado House Bill HB1270 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0749.03 Jacob Baus x2173
18 HOUSE BILL 22-1270
2-BY REPRESENTATIVE(S) Woodrow, Catlin, Esgar, Gray, Herod, Jodeh,
3-Mullica, Pico, Ricks, Snyder;
4-also SENATOR(S) Priola, Moreno.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+A BILL FOR AN ACT
512 C
6-ONCERNING MEASURES RELATED TO CHANGING "NAME-BASED CRIMINAL
7-HISTORY RECORD CHECK
8-" TO "NAME-BASED JUDICIAL RECORD
9-CHECK
10-" IN THE COLORADO REVISED STATUTES.
11-
12-Be it enacted by the General Assembly of the State of Colorado:
13-SECTION 1. In Colorado Revised Statutes, 22-2-119.3, amend
14-(2)(b)(III), (3), (4)(a), (6) introductory portion, and (6)(d) as follows:
15-22-2-119.3. Department of education - educator preparation
16-program students - record check - fee - definitions. (2) On a form
17-provided by the department, the student shall:
18-(b) Furnish the following information to the department:
19-(III) Any other information required by the department to release the
20-results of a criminal history
21- record check pursuant to this section.
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. (3) When the results of a fingerprint-based criminal history record
30-check of a student performed pursuant to this section reveals REVEAL a
31-record of arrest without a disposition, the department shall perform a
13+ONCERNING MEASURES RELATED TO CHANGING "NAME-BASED101
14+CRIMINAL HISTORY RECORD CHECK " TO "NAME-BASED102
15+JUDICIAL RECORD CHECK " IN THE COLORADO REVISED103
16+S
17+TATUTES.104
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill changes the term "name-based criminal history record
26+check" to "name-based judicial record check" throughout the Colorado
27+Revised Statutes.
28+SENATE
29+3rd Reading Unamended
30+April 5, 2022
31+SENATE
32+2nd Reading Unamended
33+April 4, 2022
34+HOUSE
35+3rd Reading Unamended
36+March 22, 2022
37+HOUSE
38+2nd Reading Unamended
39+March 21, 2022
40+HOUSE SPONSORSHIP
41+Woodrow, Catlin, Esgar, Gray, Herod, Jodeh, Mullica, Pico, Ricks, Snyder
42+SENATE SPONSORSHIP
43+Priola, Moreno
44+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
45+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
46+Dashes through the words indicate deletions from existing statute. Be it enacted by the General Assembly of the State of Colorado:1
47+SECTION 1. In Colorado Revised Statutes, 22-2-119.3, amend2
48+(2)(b)(III), (3), (4)(a), (6) introductory portion, and (6)(d) as follows:3
49+22-2-119.3. Department of education - educator preparation4
50+program students - record check - fee - definitions. (2) On a form5
51+provided by the department, the student shall:6
52+(b) Furnish the following information to the department:7
53+(III) Any other information required by the department to release8
54+the results of a criminal history record check pursuant to this section.9
55+(3) When the results of a fingerprint-based criminal history record10
56+check of a student performed pursuant to this section reveals REVEAL a11
57+record of arrest without a disposition, the department shall perform a12
58+name-based criminal history JUDICIAL record check of that student.13
59+(4) (a) Within seven days of AFTER receiving the results of a14
60+criminal history record check conducted pursuant to this section, the15
61+department shall provide the results of such criminal history THE record16
62+check, to the extent permitted by state or federal law or regulation, to the17
63+educator preparation program in which the student is enrolled and to any18
64+school district or charter school that has made an inquiry to the19
65+department concerning the results of a criminal history record check of a20
66+student who has been placed in the school district or charter school for21
67+field experiences.22
68+(6) For purposes of AS USED IN this section, unless the context23
69+otherwise requires:24
70+(d) "Name-based criminal history JUDICIAL record check" means25
71+a background check performed using judicial department records that26
72+1270-2- includes an individual's conviction and final disposition of case records.1
73+SECTION 2. In Colorado Revised Statutes, amend 5-19-206.52
74+as follows:3
75+5-19-206.5. Name-based judicial record check. When the results4
76+of a fingerprint-based criminal history record check of an officer of the5
77+applicant or employee or agent of the applicant performed pursuant to6
78+section 5-19-206 (12) reveal a record of arrest without a disposition, the7
79+administrator shall require that person to submit to a name-based criminal8
80+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).9
81+SECTION 3. In Colorado Revised Statutes, 10-3-112, amend10
82+(1)(b)(II) as follows:11
83+10-3-112. Directors - terms - election - conflicts of interest -12
84+recovery of profits. (1) (b) (II) When the results of a fingerprint-based13
85+criminal history record check of a person performed pursuant to this14
86+subsection (1)(b) reveal a record of arrest without a disposition, the15
87+commissioner shall require that person to submit to a name-based16
88+criminal history JUDICIAL record check, as defined in section 22-2-119.317
89+(6)(d).18
90+SECTION 4. In Colorado Revised Statutes, 10-3-803, amend19
91+(3)(b) as follows:20
92+10-3-803. Acquisition of control of or merger with domestic21
93+insurer - definitions. (3) (b) When the results of a fingerprint-based22
94+criminal history record check of a person performed pursuant to this23
95+subsection (3) reveal a record of arrest without a disposition, the24
96+commissioner shall require that person to submit to a name-based25
97+criminal history JUDICIAL record check, as defined in section 22-2-119.326
98+(6)(d).27
99+1270
100+-3- SECTION 5. In Colorado Revised Statutes, 10-3-903.5, amend1
101+(7)(d)(I)(D) as follows:2
102+10-3-903.5. Jurisdiction over providers of health-care benefits3
103+- rules. (7) (d) (I) A multiple employer welfare arrangement that meets4
104+the requirements specified in subsection (7)(c) of this section other than5
105+subsection (7)(c)(I) of this section may file an application for a waiver6
106+with the commissioner. A multiple employer welfare arrangement that7
107+meets the requirements specified in subsection (7)(c) of this section other8
108+than those specified in subsections (7)(c)(I) and (7)(c)(V)(B) of this9
109+section may also file an application for a waiver with the commissioner.10
110+The application must include:11
111+(D) Criminal Background records. Each individual specified in12
112+subsection (7)(d)(I)(C) of this section shall submit a set of fingerprints to13
113+the commissioner. The commissioner shall forward the fingerprints to the14
114+Colorado bureau of investigation for the purpose of conducting a state15
115+and national fingerprint-based criminal history record check utilizing16
116+records of the Colorado bureau of investigation and the federal bureau of17
117+investigation. The multiple employer welfare arrangement shall bear only18
118+the actual costs of the record check. When the results of a19
119+fingerprint-based criminal history record check of an individual20
120+performed pursuant to this subsection (7)(d)(I)(D) reveal a record of21
121+arrest without a disposition, the commissioner shall require that individual22
122+to submit to a name-based criminal history JUDICIAL record check, as23
123+defined in section 22-2-119.3 (6)(d).24
124+SECTION 6. In Colorado Revised Statutes, 10-15-103, amend25
125+(1)(b)(I.5) as follows:26
126+10-15-103. License procedure - records - examination of27
127+1270
128+-4- records - definition. (1) (b) (I.5) When the results of a fingerprint-based1
129+criminal history record check of an applicant performed pursuant to this2
130+subsection (1)(b) reveal a record of arrest without a disposition, the3
131+commissioner shall require that applicant to submit to a name-based4
132+criminal history JUDICIAL record check, as defined in section 22-2-119.35
133+(6)(d).6
134+SECTION 7. In Colorado Revised Statutes, 10-23-103, amend7
135+(2)(b) as follows:8
136+10-23-103. Registration requirements - application -9
137+qualification bond - forfeiture. (2) (b) When the results of a10
138+fingerprint-based criminal history record check of an applicant performed11
139+pursuant to this subsection (2) reveal a record of arrest without a12
140+disposition, the division shall require that applicant to submit to a13
141+name-based criminal history JUDICIAL record check, as defined in section14
142+22-2-119.3 (6)(d).15
143+SECTION 8. In Colorado Revised Statutes, amend 11-110-107.516
144+as follows:17
145+11-110-107.5. Name-based judicial record check. When the18
146+results of a fingerprint-based criminal history record check of an applicant19
147+performed pursuant to section 11-110-107 (1)(e) reveal a record of arrest20
148+without a disposition, the banking board shall require that applicant to21
149+submit to a name-based criminal history JUDICIAL record check, as22
150+defined in section 22-2-119.3 (6)(d). The applicant shall pay the actual23
151+costs of the name-based criminal history JUDICIAL record check.24
152+SECTION 9. In Colorado Revised Statutes, 12-10-203, amend25
153+(1)(b)(I) as follows:26
154+12-10-203. Application for license - rules - definition.27
155+1270
156+-5- (1) (b) (I) Prior to submitting an application for a license pursuant to1
157+subsection (1)(a) of this section, each applicant shall submit a set of2
158+fingerprints to the Colorado bureau of investigation for the purpose of3
159+conducting a state and national fingerprint-based criminal history record4
160+check utilizing records of the Colorado bureau of investigation and the5
161+federal bureau of investigation. The applicant shall pay the fee established6
162+by the Colorado bureau of investigation for conducting the7
163+fingerprint-based criminal history record check to the bureau. Upon8
164+completion of the
165+FINGERPRINT-BASED criminal history record check, the9
166+bureau shall forward the results to the commission. The commission shall10
167+acquire a name-based criminal history
168+ JUDICIAL record check, as defined11
169+in section 22-2-119.3 (6)(d), for an applicant who has twice submitted to12
170+a fingerprint-based criminal history record check and whose fingerprints13
171+are unclassifiable or when the results of a fingerprint-based criminal14
172+history record check of an applicant performed pursuant to this subsection15
173+(1)(b)(I) reveal a record of arrest without a disposition. The applicant16
174+shall pay the costs associated with a name-based criminal history17
175+JUDICIAL record check.18
176+SECTION 10. In Colorado Revised Statutes, 12-10-606, amend19
177+(6) as follows:20
178+12-10-606. Qualifications for licensing and certification of21
179+appraisers - continuing education - rules - definitions. (6) (a) The22
180+board shall not issue a license or certification until the applicant23
181+demonstrates that he or she THE APPLICANT meets the fitness standards24
182+established by board rule and submits a set of fingerprints to the Colorado25
183+bureau of investigation for the purpose of conducting a state and national26
184+fingerprint-based criminal history record check utilizing records of the27
185+1270
186+-6- Colorado bureau of investigation and the federal bureau of investigation.1
187+Each person submitting a set of fingerprints shall pay the fee established2
188+by the Colorado bureau of investigation for conducting the3
189+fingerprint-based criminal history record check to the bureau. Upon4
190+completion of the
191+FINGERPRINT-BASED criminal history record check, the5
192+bureau shall forward the results to the board. The board shall require a6
32193 name-based criminal history
33- JUDICIAL record check of that student.
34-(4) (a) Within seven days of AFTER receiving the results of a
35-criminal history record check conducted pursuant to this section, the
36-department shall provide the results of such criminal history THE record
37-check, to the extent permitted by state or federal law or regulation, to the
38-educator preparation program in which the student is enrolled and to any
39-school district or charter school that has made an inquiry to the department
40-concerning the results of a criminal history
41- record check of a student who
42-has been placed in the school district or charter school for field experiences.
43-(6) For purposes of AS USED IN this section, unless the context
44-otherwise requires:
45-(d) "Name-based criminal history JUDICIAL record check" means a
46-background check performed using judicial department records that
47-includes an individual's conviction and final disposition of case records.
48-SECTION 2. In Colorado Revised Statutes, amend 5-19-206.5 as
49-follows:
50-5-19-206.5. Name-based judicial record check. When the results
51-of a fingerprint-based criminal history record check of an officer of the
52-applicant or employee or agent of the applicant performed pursuant to
53-section 5-19-206 (12) reveal a record of arrest without a disposition, the
54-administrator shall require that person to submit to a name-based criminal
55-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
56-SECTION 3. In Colorado Revised Statutes, 10-3-112, amend
57-(1)(b)(II) as follows:
58-10-3-112. Directors - terms - election - conflicts of interest -
59-recovery of profits. (1) (b) (II) When the results of a fingerprint-based
60-criminal history record check of a person performed pursuant to this
61-subsection (1)(b) reveal a record of arrest without a disposition, the
62-commissioner shall require that person to submit to a name-based criminal
63-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
64-PAGE 2-HOUSE BILL 22-1270 SECTION 4. In Colorado Revised Statutes, 10-3-803, amend
65-(3)(b) as follows:
66-10-3-803. Acquisition of control of or merger with domestic
67-insurer - definitions. (3) (b) When the results of a fingerprint-based
68-criminal history record check of a person performed pursuant to this
69-subsection (3) reveal a record of arrest without a disposition, the
70-commissioner shall require that person to submit to a name-based criminal
71-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
72-SECTION 5. In Colorado Revised Statutes, 10-3-903.5, amend
73-(7)(d)(I)(D) as follows:
74-10-3-903.5. Jurisdiction over providers of health-care benefits
75-- rules. (7) (d) (I) A multiple employer welfare arrangement that meets the
76-requirements specified in subsection (7)(c) of this section other than
77-subsection (7)(c)(I) of this section may file an application for a waiver with
78-the commissioner. A multiple employer welfare arrangement that meets the
79-requirements specified in subsection (7)(c) of this section other than those
80-specified in subsections (7)(c)(I) and (7)(c)(V)(B) of this section may also
81-file an application for a waiver with the commissioner. The application
82-must include:
83-(D) Criminal
84- Background records. Each individual specified in
85-subsection (7)(d)(I)(C) of this section shall submit a set of fingerprints to
86-the commissioner. The commissioner shall forward the fingerprints to the
87-Colorado bureau of investigation for the purpose of conducting a state and
88-national fingerprint-based criminal history record check utilizing records of
89-the Colorado bureau of investigation and the federal bureau of
90-investigation. The multiple employer welfare arrangement shall bear only
91-the actual costs of the record check. When the results of a fingerprint-based
92-criminal history record check of an individual performed pursuant to this
93-subsection (7)(d)(I)(D) reveal a record of arrest without a disposition, the
94-commissioner shall require that individual to submit to a name-based
194+ JUDICIAL record check, as defined in section7
195+22-2-119.3 (6)(d), for an applicant who has twice submitted to a8
196+fingerprint-based criminal history record check and whose fingerprints9
197+are unclassifiable or when the results of a fingerprint-based criminal10
198+history record check of an applicant performed pursuant to this subsection11
199+(6) reveal a record of arrest without a disposition. The applicant shall pay12
200+the costs associated with a name-based criminal history JUDICIAL record13
201+check. The board may deny an application for licensure or certification14
202+based on the outcome of the criminal history record check and may15
203+establish criminal history requirements more stringent than those16
204+established by any applicable federal law. At a minimum, the board shall17
205+adopt the criminal history requirements established by any applicable18
206+federal law.19
207+(b) An applicant for certification as a licensed ad valorem20
208+appraiser is not subject to the fingerprinting and criminal background21
209+check requirements of subsection (6)(a) of this section.22
210+SECTION 11. In Colorado Revised Statutes, 12-10-607, amend23
211+(3) as follows:24
212+12-10-607. Appraisal management companies - application for25
213+license - exemptions. (3) The board shall not issue a license to any26
214+partnership, limited liability company, or corporation unless and until the27
215+1270
216+-7- appraiser designated by the partnership, limited liability company, or1
217+corporation as controlling appraiser and each individual who owns more2
218+than ten percent of the entity demonstrates that he or she THE PERSON3
219+meets the fitness standards established by board rule and submits a set of4
220+fingerprints to the Colorado bureau of investigation for the purpose of5
221+conducting a state and national fingerprint-based criminal history record6
222+check utilizing records of the Colorado bureau of investigation and the7
223+federal bureau of investigation. Each person submitting a set of8
224+fingerprints shall pay the fee established by the Colorado bureau of9
225+investigation for conducting the fingerprint-based criminal history record10
226+check to the bureau. Upon completion of the
227+FINGERPRINT-BASED11
228+criminal history record check, the bureau shall forward the results to the12
229+board. The board shall require a name-based criminal history
230+ JUDICIAL13
231+record check, as defined in section 22-2-119.3 (6)(d), for an applicant14
232+who has twice submitted to a fingerprint-based criminal history record15
233+check and whose fingerprints are unclassifiable or when the results of a16
234+fingerprint-based criminal history record check of an applicant performed17
235+pursuant to this subsection (3) reveal a record of arrest without a18
236+disposition. The applicant shall pay the costs associated with a19
237+name-based criminal history JUDICIAL record check. The board may deny20
238+an application for licensure or refuse to renew a license based on the21
239+outcome of the criminal history record check. The board may require22
240+criminal history requirements more stringent than those established by23
241+any applicable federal law. At a minimum, the board shall adopt the24
242+criminal history requirements established by any applicable federal law.25
243+SECTION 12. In Colorado Revised Statutes, 12-10-610, amend26
244+(4) as follows:27
245+1270
246+-8- 12-10-610. Expiration of licenses - renewal - penalties - fees -1
247+rules. (4) At the time of renewal or reinstatement, every licensee,2
248+certificate holder, and person or individual who owns more than ten3
249+percent of an appraisal management company shall submit a set of4
250+fingerprints to the Colorado bureau of investigation for the purpose of5
251+conducting a state and national fingerprint-based criminal history record6
252+check utilizing records of the Colorado bureau of investigation and the7
253+federal bureau of investigation, if the person has not previously done so8
254+for issuance of a license or certification by the board. Each person9
255+submitting a set of fingerprints shall pay the fee established by the10
256+Colorado bureau of investigation for conducting the fingerprint-based11
257+criminal history record check to the bureau. The bureau shall forward the12
258+results to the board. The board shall require a name-based criminal13
259+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for14
260+an applicant who has twice submitted to a fingerprint-based criminal15
261+history record check and whose fingerprints are unclassifiable or when16
262+the results of a fingerprint-based criminal history record check of an17
263+applicant performed pursuant to this section reveal a record of arrest18
264+without a disposition. The applicant shall pay the costs associated with a19
265+name-based criminal history JUDICIAL record check. The board may20
266+refuse to renew or reinstate a license or certification based on the21
267+outcome of the criminal history record check.22
268+SECTION 13. In Colorado Revised Statutes, 12-10-704, amend23
269+(6)(a) and (7)(c) as follows:24
270+12-10-704. License required - rules. (6) (a) Prior to submitting25
271+an application for a license, an applicant shall submit a set of fingerprints26
272+to the Colorado bureau of investigation. Upon receipt of the applicant's27
273+1270
274+-9- fingerprints, the Colorado bureau of investigation shall use the1
275+fingerprints to conduct a state and national criminal history record check2
276+using records of the Colorado bureau of investigation and the federal3
277+bureau of investigation. All costs arising from the
278+FINGERPRINT-BASED4
279+criminal history record check must be borne by the applicant and must be5
280+paid when the set of fingerprints is submitted. Upon completion of the6
281+FINGERPRINT-BASED criminal history record check, the bureau shall7
282+forward the results to the board. The board shall acquire a name-based8
95283 criminal history
96- JUDICIAL record check, as defined in section 22-2-119.3
97-(6)(d).
98-SECTION 6. In Colorado Revised Statutes, 10-15-103, amend
99-(1)(b)(I.5) as follows:
100-PAGE 3-HOUSE BILL 22-1270 10-15-103. License procedure - records - examination of records
101-- definition. (1) (b) (I.5) When the results of a fingerprint-based criminal
102-history record check of an applicant performed pursuant to this subsection
103-(1)(b) reveal a record of arrest without a disposition, the commissioner shall
104-require that applicant to submit to a name-based criminal history
105- JUDICIAL
106-record check, as defined in section 22-2-119.3 (6)(d).
107-SECTION 7. In Colorado Revised Statutes, 10-23-103, amend
108-(2)(b) as follows:
109-10-23-103. Registration requirements - application -
110-qualification bond - forfeiture. (2) (b) When the results of a
111-fingerprint-based criminal history record check of an applicant performed
112-pursuant to this subsection (2) reveal a record of arrest without a
113-disposition, the division shall require that applicant to submit to a
284+ JUDICIAL record check, as defined in section 22-2-119.39
285+(6)(d), for an applicant who has twice submitted to a fingerprint-based10
286+criminal history record check and whose fingerprints are unclassifiable11
287+or when the results of a fingerprint-based criminal history record check12
288+of an applicant performed pursuant to this subsection (6) reveal a record13
289+of arrest without a disposition. The applicant shall pay the costs14
290+associated with a name-based criminal history JUDICIAL record check.15
291+(7) (c) The board shall acquire a name-based criminal history16
292+JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for an17
293+applicant who has twice submitted to a fingerprint-based criminal history18
294+record check and whose fingerprints are unclassifiable or when the results19
295+of a fingerprint-based criminal history record check of an applicant20
296+performed pursuant to this subsection (7) reveal a record of arrest without21
297+a disposition. The applicant shall pay the costs associated with a22
298+name-based criminal history JUDICIAL record check.23
299+SECTION 14. In Colorado Revised Statutes, 12-235-108, amend24
300+(2.5) as follows:25
301+12-235-108. License - denial of license application. (2.5) When26
302+the results of a fingerprint-based criminal history record check of an27
303+1270
304+-10- applicant performed pursuant to this section reveal a record of arrest1
305+without a disposition, the director shall require that applicant to submit to2
306+a name-based criminal history JUDICIAL record check, as defined in3
307+section 22-2-119.3 (6)(d).4
308+SECTION 15. In Colorado Revised Statutes, 12-245-304, amend5
309+(1)(f) as follows:6
310+12-245-304. Qualifications - examinations - licensure and7
311+registration. (1) The board shall issue a license as a psychologist to each8
312+applicant who files an application in a form and manner required by the9
313+board, submits the fee required by the board pursuant to section10
314+12-245-205, and furnishes evidence satisfactory to the board that the11
315+applicant:12
316+(f) On and after July 14, 2020, upon the initial application for13
317+licensure, has completed a name-based criminal history JUDICIAL record14
318+check, as defined in section 22-2-119.3 (6)(d), with satisfactory results as15
319+determined by the board.16
320+SECTION 16. In Colorado Revised Statutes, 12-280-304, amend17
321+(2) as follows:18
322+12-280-304. Record check. (2) When the results of a19
323+fingerprint-based criminal history record check of a designated20
324+representative performed pursuant to this section reveal a record of arrest21
325+without a disposition, the board shall require that designated22
326+representative to submit to a name-based criminal history JUDICIAL record23
327+check, as defined in section 22-2-119.3 (6)(d). The designated24
328+representative shall pay the actual costs of the name-based criminal25
329+history JUDICIAL record check.26
330+SECTION 17. In Colorado Revised Statutes, 12-310-107, amend27
331+1270
332+-11- (2) as follows:1
333+12-310-107. Record check required. (2) When the results of a2
334+fingerprint-based criminal history record check of an applicant performed3
335+pursuant to this section reveal a record of arrest without a disposition, the4
336+director shall require that applicant to submit to a name-based criminal5
337+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).6
338+The applicant shall pay the actual costs of the name-based criminal7
339+history JUDICIAL record check.8
340+SECTION 18. In Colorado Revised Statutes, 13-93-101, amend9
341+(3) as follows:10
342+13-93-101. License to practice necessary. (3) Upon request of11
343+the supreme court or a representative of its office of attorney regulation12
344+counsel, the Colorado bureau of investigation APPLICANT shall also13
345+provide a name-based criminal history JUDICIAL record check, as defined14
346+in section 22-2-119.3 (6)(d), for any IF THE applicant whose fingerprints15
347+are unclassifiable or when the results of a fingerprint-based criminal16
348+history record check of an applicant performed pursuant to this section17
349+reveal HAS a record of arrest without a disposition.18
350+SECTION 19. In Colorado Revised Statutes, 14-10-116.5,19
351+amend (4)(b) as follows:20
352+14-10-116.5. Appointment in domestic relations cases - child21
353+and family investigator - disclosure - background check. (4) (b) For22
354+any person whose fingerprints are unclassifiable or when WHEN the23
355+results of a fingerprint-based criminal history record check of a person24
356+performed pursuant to this section reveal a record of arrest without a25
357+disposition, the department shall require that applicant to submit to a26
358+name-based criminal history JUDICIAL record check, as defined in section27
359+1270
360+-12- 22-2-119.3 (6)(d). Upon request of the department pursuant to this1
361+section, the Colorado bureau of investigation APPLICANT shall also2
362+provide a name-based criminal history JUDICIAL record check. for any3
363+person.4
364+SECTION 20. In Colorado Revised Statutes, 15-14-110, amend5
365+(5)(b) as follows:6
366+15-14-110. Letters of office. (5) (b) When the results of a7
367+fingerprint-based criminal history record check of an applicant performed8
368+pursuant to this subsection (5) reveal a record of arrest without a9
369+disposition, the court shall require that nominee to submit to a10
370+name-based criminal history JUDICIAL record check, as defined in section11
371+22-2-119.3 (6)(d). The applicant is responsible for the cost of the12
372+name-based criminal history JUDICIAL record check.13
373+SECTION 21. In Colorado Revised Statutes, 19-2.5-1521,14
374+amend (4) as follows:15
375+19-2.5-1521. Juvenile facility - contract for operation. (4) The16
376+contractor shall require applicants for employment at the facility to submit17
377+a set of fingerprints to the Colorado bureau of investigation for a18
378+fingerprint-based criminal history record check, and the Colorado bureau19
379+of investigation may accept such THE fingerprints. For the purpose of20
380+conducting a fingerprint-based criminal history record check, to the extent21
381+authorized by federal law, the Colorado bureau of investigation may22
382+exchange with the department of human services any state, multistate, and23
383+federal criminal history records of individuals who apply for employment24
384+at the facility. When the results of a fingerprint-based criminal history25
385+record check of an applicant performed pursuant to this section reveal a26
386+record of arrest without a disposition, the contractor shall require that27
387+1270
388+-13- applicant to submit to a name-based criminal history JUDICIAL record1
389+check, as defined in section 22-2-119.3 (6)(d).2
390+SECTION 22. In Colorado Revised Statutes, 22-1-121, amend3
391+(1.7)(a.5) and (1.7)(b) as follows:4
392+22-1-121. Nonpublic schools - employment of personnel -5
393+notification by department of education. (1.7) (a.5) When the results6
394+of a fingerprint-based criminal history record check of an applicant or7
395+employee performed pursuant to this section reveal a record of arrest8
396+without a disposition, the governing board shall require that applicant or9
397+employee to submit to a name-based criminal history JUDICIAL record10
398+check, as defined in section 22-2-119.3 (6)(d).11
399+(b) All costs arising from a fingerprint-based criminal history12
400+record check performed by the Colorado bureau of investigation and the13
401+federal bureau of investigation pursuant to the provisions of this section14
402+or a name-based criminal history JUDICIAL record check performed15
403+pursuant to this section must be borne by the nonpublic school. Such THE16
404+costs may be passed on to the employee or the prospective employee.17
405+SECTION 23. In Colorado Revised Statutes, 22-30.5-110.5,18
406+amend (2)(b)(I) and (2)(b)(II) introductory portion as follows:19
407+22-30.5-110.5. Background investigation - charter school20
408+employees - information provided to department - definitions.21
409+(2) The background investigation of an applicant, at a minimum, must22
410+include:23
411+(b) (I) A fingerprint-based criminal history record check and, if24
412+necessary, a name-based criminal history JUDICIAL record check, as25
413+described in section 22-30.5-110.7.26
414+(II) The criminal history record check shall be designed to27
415+1270
416+-14- determine, at a minimum, whether the applicant has been convicted of,1
417+pled nolo contendere or guilty to, or received a deferred sentence or2
418+deferred prosecution for:3
419+SECTION 24. In Colorado Revised Statutes, 22-30.5-110.7,4
420+amend (4)(b), (5)(a) introductory portion, (6)(b), (6.5), and (9)(b) as5
421+follows:6
422+22-30.5-110.7. Fingerprint-based criminal history record7
423+checks - charter school employees - procedures - exceptions -8
424+definitions. (4) (b) When the results of a fingerprint-based criminal9
425+history record check of an employee performed pursuant to this10
426+subsection (4) reveal a record of arrest without a disposition, the charter11
427+school shall require that employee to submit to a name-based criminal12
428+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).13
429+(5) (a) A charter school may employ a person in the charter school14
430+prior to receiving the results of the person's fingerprint-based criminal15
431+history record check or name-based criminal history JUDICIAL record16
432+check; except that:17
433+(6) (b) When the results of a fingerprint-based criminal history18
434+record check of an employee performed pursuant to subsection (6)(a) of19
435+this section reveal a record of arrest without a disposition, the charter20
436+school shall require that employee to submit to a name-based criminal21
437+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).22
438+(6.5) An employee or an applicant for employment with a charter23
439+school is disqualified from employment if the results of a24
440+fingerprint-based criminal history record check or name-based criminal25
441+history JUDICIAL record check completed on or after August 10, 2011,26
442+disclose a conviction for an offense described in section 22-32-109.827
443+1270
444+-15- (6.5). Nothing in this section or in section 22-32-109.8 creates for a1
445+person a property right in or entitlement to employment or continued2
446+employment with a charter school or impairs a charter school's right to3
447+terminate employment for a nondiscriminatory reason.4
448+(9) (b) The employing charter school shall be responsible for costs5
449+arising from a name-based criminal history JUDICIAL record check6
450+performed pursuant to this section. The charter school may collect the7
451+costs from the employee or the prospective employee.8
452+SECTION 25. In Colorado Revised Statutes, 22-30.5-511.5,9
453+amend (1), (2), and (2.5) as follows:10
454+22-30.5-511.5. Background investigation - prohibition against11
455+employing persons - institute charter school employees' information12
456+provided to department. (1) An institute charter school shall conduct13
457+a background investigation, including a fingerprint-based criminal history14
458+record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7,15
459+of an applicant to whom an offer of employment is extended by the16
460+institute charter school to determine whether the applicant is suitable to17
461+work in an environment with children. An applicant who applies for a18
462+position of employment with an institute charter school shall submit to a19
463+background investigation, including a fingerprint-based criminal history20
464+record check, and, as necessary, a name-based criminal history JUDICIAL21
465+record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7.22
466+(2) When an institute charter school finds good cause to believe23
467+that a person employed by the institute charter school has been convicted24
468+of a felony or misdemeanor, other than a misdemeanor traffic offense or25
469+traffic infraction subsequent to such employment, the institute charter26
470+school shall require the person to submit to the institute charter school a27
471+1270
472+-16- complete set of his or her THE PERSON'S fingerprints for a1
473+fingerprint-based criminal history record check and, as necessary, a2
474+name-based criminal history JUDICIAL record check, as described in3
475+section 22-30.5-110.7 (6).4
476+(2.5) An employee or an applicant for employment with an5
477+institute charter school is disqualified from employment if the results of6
478+a fingerprint-based criminal history record check or a name-based7
479+criminal history JUDICIAL record check completed on or after August 10,8
480+2011, disclose a conviction for an offense described in section9
481+22-32-109.8 (6.5). Nothing in this section or in section 22-32-109.810
482+creates for a person a property right in or entitlement to employment or11
483+continued employment with an institute charter school or impairs an12
484+institute charter school's right to terminate employment for a13
485+nondiscriminatory reason.14
486+SECTION 26. In Colorado Revised Statutes, 22-30.7-111,15
487+amend (1)(b)(VII) as follows:16
488+22-30.7-111. Learning centers - memoranda of understanding17
489+- rules - appeal process. (1) (b) A multi-district online school that18
490+intends to provide instruction to students within a learning center shall19
491+notify the school district in which the proposed learning center is located20
492+of the multi-district online school's intention in writing at least ninety21
493+days before the multi-district online school intends to commence22
494+providing such instruction. The notice must include the standard MOU23
495+form that addresses, at a minimum, the following information as it applies24
496+to each learning center to be located within the school district:25
497+(VII) Measures to ensure compliance with state and federal laws26
498+concerning educator licensing, fingerprint-based criminal history record27
499+1270
500+-17- checks, and name-based criminal history JUDICIAL record checks;1
501+SECTION 27. In Colorado Revised Statutes, 22-32-109.8,2
502+amend (4)(b), (5)(a) introductory portion, (5)(a)(II), and (6)(a.5) as3
503+follows:4
504+22-32-109.8. Applicants selected for nonlicensed positions -5
505+submittal of form and fingerprints - prohibition against employing6
506+persons - department database. (4) (b) When the results of a7
507+fingerprint-based criminal history record check of an applicant performed8
508+pursuant to this subsection (4) reveal a record of arrest without a9
509+disposition, the school district shall require that applicant to submit to a10
510+name-based criminal history JUDICIAL record check, as defined in section11
511+22-2-119.3 (6)(d).12
512+(5) (a) A school district may employ a person in a nonlicensed13
513+position in the school district prior to receiving the results regarding the14
514+selected applicant's fingerprint-based
515+CRIMINAL HISTORY RECORD CHECK15
516+or name-based criminal history
517+ JUDICIAL record check; however:16
518+(II) The school district shall terminate the person's employment17
519+if the results of a fingerprint-based criminal history record check or18
520+name-based criminal history JUDICIAL record check completed on or after19
521+August 10, 2011, disclose a conviction for an offense described in20
522+subsection (6.5) of this section.21
523+(6) (a.5) When the results of a fingerprint-based criminal history22
524+record check of an employee performed pursuant to this subsection (6)23
525+reveal a record of arrest without a disposition, the school district shall24
526+require that employee to submit to a name-based criminal history25
527+JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).26
528+SECTION 28. In Colorado Revised Statutes, 22-32-109.9,27
529+1270
530+-18- amend (2)(b) and (3) as follows:1
531+22-32-109.9. Licensed personnel - submittal of fingerprints.2
532+(2) (b) When the results of a fingerprint-based criminal history record3
533+check of an employee performed pursuant to this section reveal a record4
534+of arrest without a disposition, the school district shall require that5
535+employee to submit to a name-based criminal history JUDICIAL record6
536+check, as defined in section 22-2-119.3 (6)(d).7
537+(3) All costs arising from the taking of fingerprints and from any8
538+fingerprint processing performed by the Colorado bureau of investigation9
539+pursuant to the provisions of subsection (1) of this section and costs10
540+arising from the performance of a name-based criminal history JUDICIAL11
541+record check must be borne by school districts. School districts shall not12
542+charge licensed personnel any fees for the direct and indirect costs of such13
543+THE school district for fingerprint processing or criminal history record14
544+checks performed pursuant to the provisions of subsection (1) of this15
545+section.16
546+SECTION 29. In Colorado Revised Statutes, 22-60.5-103,17
547+amend (7) as follows:18
548+22-60.5-103. Applicants - licenses - authorizations - submittal19
549+of form and fingerprints - failure to comply constitutes grounds for20
550+denial. (7) When the results of a fingerprint-based criminal history21
551+record check of an applicant or a search of any other source of criminal22
552+history information performed pursuant to this section reveals a record of23
553+arrest without a disposition, the department of education shall require that24
554+applicant to submit to a name-based criminal history JUDICIAL record25
555+check, as defined in section 22-2-119.3 (6)(d).26
556+SECTION 30. In Colorado Revised Statutes, 22-62-103.5,27
557+1270
558+-19- amend (1) as follows:1
559+22-62-103.5. Record checks - definition. (1) A school district or2
560+charter school that requires a fingerprint-based criminal history record3
561+check or a name-based criminal history JUDICIAL record check for a4
562+student enrolled in an educator preparation program who applies for field5
563+experiences within the school district or charter school must accept the6
564+results of a fingerprint-based criminal history record check or a7
565+name-based criminal history JUDICIAL record check performed pursuant8
566+to section 22-2-119.3 as satisfaction of the requirement.9
567+SECTION 31. In Colorado Revised Statutes, 23-64-110, amend10
568+(1)(a)(II) as follows:11
569+23-64-110. Submittal of fingerprints for persons teaching at12
570+designated schools - fingerprint-based criminal history record checks13
571+- prerequisite for commencing or continuing employment.14
572+(1) (a) (II) When the results of a fingerprint-based criminal history record15
573+check of instructional staff or prospective instructional staff performed16
574+pursuant to this section reveal a record of arrest without a disposition, the17
575+board shall require the instructional staff or prospective instructional staff18
576+to submit to a name-based criminal history JUDICIAL record check, as19
577+defined in section 22-2-119.3 (6)(d). Instructional staff or prospective20
578+instructional staff shall pay the fee established by the board for21
579+conducting the named-based criminal history JUDICIAL record check.22
580+SECTION 32. In Colorado Revised Statutes, 24-31-304, amend23
581+(3)(b) as follows:24
582+24-31-304. Applicant for training - fingerprint-based criminal25
583+history record check. (3) (b) When the results of a fingerprint-based26
584+criminal history record check of a person seeking to enroll in a training27
585+1270
586+-20- academy performed pursuant to this section reveal a record of arrest1
587+without a disposition, the P.O.S.T. board shall require that person to2
588+submit to a name-based criminal history JUDICIAL record check, as3
589+defined in section 22-2-119.3 (6)(d).4
590+SECTION 33. In Colorado Revised Statutes, 24-31-702, amend5
591+(2)(f) as follows:6
592+24-31-702. Colorado domestic violence fatality review board7
593+- creation - membership - purpose - duties. (2) (f) Before commencing8
594+his or her service on the review team, each member shall submit his or her9
595+THE MEMBER'S fingerprints to the Colorado bureau of investigation for the10
596+purposes of a criminal background check. The bureau shall forward the11
597+results of each background check to the attorney general. When the12
598+results of a fingerprint-based criminal history record check of a member13
599+performed pursuant to this section reveal a record of arrest without a14
600+disposition, the attorney general shall require that member to submit to a15
601+name-based criminal history JUDICIAL record check, as defined in section16
602+22-2-119.3 (6)(d).17
603+SECTION 34. In Colorado Revised Statutes, 24-33.5-705.5,18
604+amend (4)(b) as follows:19
605+24-33.5-705.5. Auxiliary emergency communications unit -20
606+powers and duties of unit and office of emergency management21
607+regarding auxiliary communications - definitions. (4) In connection22
608+with the powers and duties of the unit as specified in this section, the23
609+director of the office may:24
610+(b) Conduct criminal background investigations on candidates for25
611+credentialing as auxiliary emergency communicators in accordance with26
612+the security needs of the department. When the results of a27
613+1270
614+-21- fingerprint-based criminal history record check of an applicant performed1
615+pursuant to this section reveal a record of arrest without a disposition, the2
616+director shall require that applicant to submit to a name-based criminal3
617+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).4
618+The unit may deny credentialing to any candidate based upon the results5
619+of a background check.6
620+SECTION 35. In Colorado Revised Statutes, amend 24-50-10027
621+as follows:8
622+24-50-1002. State agencies with access to federal tax9
623+information - authorization for background checks - procedure -10
624+costs. (1) Each applicant, state employee, state contractor, or other11
625+individual who has or may have access through a state agency to federal12
626+tax information received from the federal government shall submit a13
627+complete set of his or her THE PERSON'S fingerprints to the state agency.14
628+The state agency shall submit the fingerprints to the Colorado bureau of15
629+investigation for the purpose of conducting fingerprint-based criminal16
630+history record checks. The Colorado bureau of investigation shall forward17
631+the fingerprints to the federal bureau of investigation for the purpose of18
632+conducting fingerprint-based criminal history record checks. The state19
633+agency shall acquire a name-based criminal history JUDICIAL record20
634+check, as defined in section 22-2-119.3 (6)(d), for an applicant, state21
635+employee, state contractor, or other individual who has twice submitted22
636+to a fingerprint-based criminal history record check and whose23
637+fingerprints are unclassifiable or when the results of a fingerprint-based24
638+criminal history record check of a person performed pursuant to this25
639+section reveal a record of arrest without a disposition. The state agency26
640+may collect the fingerprints of the applicant, state employee, state27
641+1270
642+-22- contractor, or other individual or may use the fingerprinting services of1
643+another state agency or other entity authorized to collect fingerprints for2
644+the purpose of conducting fingerprint-based criminal history record3
645+checks.4
646+(2) The state agency shall use the information resulting from the5
647+fingerprint-based
648+CRIMINAL HISTORY RECORD CHECK or name-based6
649+criminal history
650+ JUDICIAL record check to investigate and determine7
651+whether the applicant, state employee, state contractor, or other individual8
652+is qualified to have access to federal tax information in accordance with9
653+federal internal revenue service publication 1075. The state agency may10
654+verify the information an individual is required to submit. The state11
655+agency shall deny access to federal tax information received from the12
656+federal government to an applicant, state employee, state contractor, or13
657+other individual who does not pass the criminal history record check14
658+required by this section.15
659+(3) The state agency shall pay the costs associated with16
660+fingerprint-based criminal history record checks to the Colorado bureau17
661+of investigation and pay the costs associated with a name-based criminal18
662+history JUDICIAL record check.19
663+SECTION 36. In Colorado Revised Statutes, 24-50-1003, amend20
664+(2), (3), and (4) as follows:21
665+24-50-1003. County departments with access to federal tax22
666+information - authorization for background checks - procedure -23
667+costs. (2) Each applicant, county employee, county contractor, or other24
668+individual who has or may have access to federal tax information subject25
669+to an agreement authorized under subsection (1) of this section shall26
670+submit a complete set of his or her THE PERSON'S fingerprints to the27
671+1270
672+-23- county department. The county department shall submit the fingerprints1
673+to the Colorado bureau of investigation for the purpose of conducting2
674+fingerprint-based criminal history record checks. The Colorado bureau of3
675+investigation shall forward the fingerprints to the federal bureau of4
676+investigation for the purpose of conducting fingerprint-based criminal5
677+history record checks. The county department shall acquire a name-based6
678+criminal history JUDICIAL record check, as defined in section 22-2-119.37
679+(6)(d), for an applicant, county employee, county contractor, or other8
680+individual who has twice submitted to a fingerprint-based criminal history9
681+record check and whose fingerprints are unclassifiable or when the results10
682+of a fingerprint-based criminal history record check of a person11
683+performed pursuant to this section reveal a record of arrest without a12
684+disposition.13
685+(3) The county department shall use the information resulting14
686+from the fingerprint-based
687+CRIMINAL HISTORY RECORD CHECK or15
114688 name-based criminal history
115- JUDICIAL record check, as defined in section
116-22-2-119.3 (6)(d).
117-SECTION 8. In Colorado Revised Statutes, amend 11-110-107.5
118-as follows:
119-11-110-107.5. Name-based judicial record check. When the
120-results of a fingerprint-based criminal history record check of an applicant
121-performed pursuant to section 11-110-107 (1)(e) reveal a record of arrest
122-without a disposition, the banking board shall require that applicant to
123-submit to a name-based criminal history
124- JUDICIAL record check, as defined
125-in section 22-2-119.3 (6)(d). The applicant shall pay the actual costs of the
689+ JUDICIAL record check to investigate and16
690+determine whether the applicant, county employee, county contractor, or17
691+other individual is qualified to have access to the shared federal tax18
692+information in accordance with federal internal revenue service19
693+publication 1075. The county department may verify the information an20
694+individual is required to submit. The county department shall deny access21
695+to the shared federal tax information to an applicant, county employee,22
696+county contractor, or other individual who does not pass the criminal23
697+history record check required in accordance with this section.24
698+(4) The county department shall pay the costs associated with25
699+fingerprint-based criminal history record checks to the Colorado bureau26
700+of investigation and pay the costs associated with a name-based criminal27
701+1270
702+-24- history JUDICIAL record check.1
703+SECTION 37. In Colorado Revised Statutes, 25-1-124.5, amend2
704+(1) and (3) as follows:3
705+25-1-124.5. Nursing care facilities - employees - record check4
706+- adult protective services data system check - definition. (1) On and5
707+after September 1, 1996, prior to employing any person, a nursing care6
708+facility or the person seeking employment at a nursing care facility shall7
709+make an inquiry to the director of the Colorado bureau of investigation or8
710+to private criminal background check companies authorized to do9
711+business in the state of Colorado to ascertain whether such THE person10
712+has a criminal history, including arrest and conviction records. The11
713+Colorado bureau of investigation or private criminal background check12
714+companies are authorized to utilize fingerprints to ascertain from the13
715+federal bureau of investigation whether such THE person has a criminal14
716+history record. When the results of a fingerprint-based criminal history15
717+record check of an applicant performed pursuant to this section reveal a16
718+record of arrest without a disposition, the nursing care facility shall17
719+require that applicant to submit to a name-based criminal history JUDICIAL18
720+record check, as defined in section 22-2-119.3 (6)(d). The nursing care19
721+facility or the person seeking employment in a nursing care facility shall20
722+pay the costs of an inquiry or a name-based criminal history JUDICIAL21
723+record check performed pursuant to this section. The criminal history22
724+record check must be conducted not more than ninety days prior to the23
725+employment of the applicant. For purposes of this section, criminal24
726+background check companies must be approved by the state board of25
727+nursing. In approving such THE companies, approval must be based upon26
728+the provision of lawfully available, accurate, and thorough information27
729+1270
730+-25- pertaining to criminal histories, including arrest and conviction records.1
731+(3) In addition to the criminal history background check required2
732+pursuant to this section, on and after January 1, 2019, prior to3
733+employment, a nursing care facility shall submit the name of a person4
734+who will be providing direct care, as defined in section 26-3.1-101 (3.5),5
735+to an at-risk adult, as defined in section 26-3.1-101 (1.5), as well as any6
736+other required identifying information, to the department of human7
737+services for a check of the Colorado adult protective services data system8
738+pursuant to section 26-3.1-111, to determine if the person is substantiated9
739+in a case of mistreatment of an at-risk adult.10
740+SECTION 38. In Colorado Revised Statutes, 25-1.5-302, amend11
741+(8) as follows:12
742+25-1.5-302. Administration of medications - powers and duties13
743+of department - record checks. (8) Each owner, operator, or supervisor14
744+of a facility who employs a person who is not licensed to administer15
745+medications shall conduct a criminal background check on each employee16
746+prior to employment or promotion to a position in which the person has17
747+access to medications. When the results of a fingerprint-based criminal18
748+history record check of an employee performed pursuant to this section19
749+reveal a record of arrest without a disposition, the owner, operator, or20
750+supervisor of the facility shall require that employee to submit to a21
751+name-based criminal history JUDICIAL record check, as defined in section22
752+22-2-119.3 (6)(d).23
753+SECTION 39. In Colorado Revised Statutes, 25-3.5-203, amend24
754+(1)(c)(III), (4)(a), (4)(f)(II), and (4)(g) as follows:25
755+25-3.5-203. Emergency medical service providers - licensure26
756+- renewal of license - duties of department - rules - record checks -27
757+1270
758+-26- definitions. (1) (c) (III) The department may issue a provisional1
759+certification or license to an applicant whose fingerprint-based criminal2
760+history record check has not yet been completed. The department shall3
761+require the applicant to submit to a name-based criminal history JUDICIAL4
762+record check prior to issuing a provisional certification or license.5
763+(4) (a) The department shall require a certification or licensure6
764+applicant to submit to a federal bureau of investigation fingerprint-based7
765+national criminal history record check from the Colorado bureau of8
766+investigation to investigate the applicant for an emergency medical9
767+service provider certificate or license. The department may acquire a10
768+name-based criminal history JUDICIAL record check for a certificate or11
769+license applicant. who has twice submitted to a fingerprint-based criminal12
770+history record check and whose fingerprints are unclassifiable.13
771+(f) If an applicant for certification or licensure renewal has lived14
772+in Colorado for:15
773+(II) Three years or less at the time of certification or licensure16
774+renewal and submitted to a federal bureau of investigation17
775+fingerprint-based national criminal history record check at the time of18
776+initial certification or licensure or a previous renewal of certification or19
777+licensure, the applicant shall submit to another federal bureau of20
778+investigation fingerprint-based national criminal history record check21
779+from the Colorado bureau of investigation; except that the department22
780+may acquire a state name-based criminal history JUDICIAL record check23
781+for an applicant. who has twice submitted to a fingerprint-based criminal24
782+history record check and whose fingerprints are unclassifiable.25
783+(g) When the results of a fingerprint-based criminal history record26
784+check of a person performed pursuant to this subsection (4) reveal a27
785+1270
786+-27- record of arrest without a disposition, the department, government entity,1
787+or private, not-for-profit, or for-profit organization that required the2
788+fingerprint-based criminal history record check shall require that person3
789+to submit to a name-based criminal history JUDICIAL record check, as4
790+defined in section 22-2-119.3 (6)(d).5
791+SECTION 40. In Colorado Revised Statutes, 25-3.5-1103,6
792+amend (4)(c) and (5) as follows:7
793+25-3.5-1103. Registration - rules - funds. (4) (c) The department8
794+may issue a provisional registration to an applicant whose9
795+fingerprint-based criminal history record check has not yet been10
796+completed. The department shall require the applicant to submit
797+TO a11
126798 name-based criminal history
127- JUDICIAL record check.
128-SECTION 9. In Colorado Revised Statutes, 12-10-203, amend
129-(1)(b)(I) as follows:
130-12-10-203. Application for license - rules - definition.
131-(1) (b) (I) Prior to submitting an application for a license pursuant to
132-subsection (1)(a) of this section, each applicant shall submit a set of
133-fingerprints to the Colorado bureau of investigation for the purpose of
134-conducting a state and national fingerprint-based criminal history record
135-check utilizing records of the Colorado bureau of investigation and the
136-federal bureau of investigation. The applicant shall pay the fee established
137-by the Colorado bureau of investigation for conducting the
138-PAGE 4-HOUSE BILL 22-1270 fingerprint-based criminal history record check to the bureau. Upon
799+ JUDICIAL record check prior to issuing a12
800+provisional registration.13
801+(5) (a) The department shall acquire a fingerprint-based criminal14
802+history record check from the Colorado bureau of investigation to15
803+investigate the holder of or applicant for an emergency medical responder16
804+registration. The department may acquire a name-based criminal history17
805+JUDICIAL record check for a registrant or an applicant. who has twice18
806+submitted to a fingerprint-based criminal history record check and whose19
807+fingerprints are unclassifiable. Notwithstanding paragraph (b) of this20
808+subsection (5) SUBSECTION (5)(b) OF THIS SECTION, if a person submitted21
809+to a fingerprint-based criminal history record check at the time of initial22
810+registration or registration renewal, the person shall not be IS NOT23
811+required to submit to a subsequent fingerprint-based criminal history24
812+record check.25
813+(b) If, at the time of application for registry or for renewal, an26
814+individual has lived in the state for three years or less, the department27
815+1270
816+-28- shall require the applicant to submit to a federal bureau of investigation1
817+fingerprint-based national criminal history record check; except that the2
818+department may acquire a national name-based criminal history JUDICIAL3
819+record check for an applicant. who has twice submitted to a4
820+fingerprint-based criminal history record check and whose fingerprints5
821+are unclassifiable. The department shall be IS the authorized agency to6
822+receive and disseminate information regarding the result of any national7
823+criminal history record check.8
824+(c) When the results of a fingerprint-based criminal history record9
825+check of a person performed pursuant to this subsection (5) reveal a10
826+record of arrest without a disposition, the department shall require that11
827+person to submit to a name-based criminal history JUDICIAL record check,12
828+as defined in section 22-2-119.3 (6)(d).13
829+SECTION 41. In Colorado Revised Statutes, 25-3.5-1305,14
830+amend (3)(a)(III), (3)(a)(IV), and (3)(b) as follows:15
831+25-3.5-1305. License - application - inspection - record check16
832+- issuance. (3) (a) (III) The department may acquire a name-based17
833+criminal history JUDICIAL record check for an owner, manager, or18
834+administrator. who has twice submitted to a fingerprint-based criminal19
835+history record check and whose fingerprints are unclassifiable.20
836+(IV) When the results of a fingerprint-based criminal history21
837+record check of a person performed pursuant to this subsection (3) reveal22
838+a record of arrest without a disposition, the department shall require that23
839+person to submit to a name-based criminal history JUDICIAL record check,24
840+as defined in section 22-2-119.3 (6)(d).25
841+(b) The department may deny a license or renewal of a license if26
842+the results of a criminal history record check of an owner, manager, or27
843+1270
844+-29- administrator demonstrates that the owner, manager, or administrator has1
845+been convicted of a felony or a misdemeanor involving conduct that the2
846+department determines could pose a risk to the health, safety, or welfare3
847+of community integrated health-care service consumers.4
848+SECTION 42. In Colorado Revised Statutes, 25-27-105, amend5
849+(2.5)(a.7) as follows:6
850+25-27-105. License - application - inspection - issuance.7
851+(2.5) (a.7) When the results of a fingerprint-based criminal history record8
852+check of an applicant performed pursuant to this section reveal a record9
853+of arrest without a disposition, the department shall require that applicant10
854+to submit to a name-based criminal history JUDICIAL record check, as11
855+defined in section 22-2-119.3 (6)(d).12
856+SECTION 43. In Colorado Revised Statutes, 25-27.5-106,13
857+amend (3), (6), and (7) as follows:14
858+25-27.5-106. License or registration - application - inspection15
859+- issuance - rules. (3) (a) With the submission of an application for a16
860+license or registration granted pursuant to this article ARTICLE 27.5 or17
861+within ten days after a change in the owner, manager, or administrator,18
862+each owner of a home care agency or home care placement agency and19
863+each manager or administrator of a home care agency or home care20
864+placement agency must submit a complete set of his or her THE PERSON'S21
865+fingerprints to the Colorado bureau of investigation for the purpose of22
866+conducting a state and national fingerprint-based criminal history record23
867+check utilizing records of the Colorado bureau of investigation and the24
868+federal bureau of investigation. Each owner and each manager or25
869+administrator is responsible for paying the fee established by the26
870+Colorado bureau of investigation for conducting the fingerprint-based27
871+1270
872+-30- criminal history record check to the bureau. Upon completion of the1
873+FINGERPRINT-BASED criminal history record check, the bureau shall2
874+forward the results to the department. The department may acquire a3
875+name-based criminal history record check for an applicant. who has twice4
876+submitted to a fingerprint-based criminal history record check and whose5
877+fingerprints are unclassifiable.6
878+(a.5) When the results of a fingerprint-based criminal history7
879+record check of a person performed pursuant to this subsection (3) reveal8
880+a record of arrest without a disposition, the department shall require that9
881+person to submit to a name-based criminal history JUDICIAL record check,10
882+as defined in section 22-2-119.3 (6)(d).11
883+(b) The department shall use the information from the criminal12
884+history record check in ascertaining whether the person applying for13
885+licensure or registration has been convicted of a felony or of a14
886+misdemeanor, which felony or misdemeanor involves conduct that the15
887+department determines could pose a risk to the health, safety, or welfare16
888+of home care consumers of the home care agency or home care placement17
889+agency. The department shall maintain information obtained in18
890+accordance with this section.19
891+(6) The department may issue a provisional license to an applicant20
892+for the purpose of operating a home care agency for a period of ninety21
893+days if the applicant is temporarily unable to conform to all of the22
894+minimum standards required under this article ARTICLE 27.5; except that23
895+no license shall be issued to an applicant if the operation of the applicant's24
896+home care agency will adversely affect the health, safety, or welfare of25
897+the home care consumers of such home care agency. As a condition of26
898+obtaining a provisional license, the applicant shall show proof to the27
899+1270
900+-31- department that attempts are being made to conform and comply with1
901+applicable standards. No provisional license shall be granted prior to the2
902+completion of a criminal background check in accordance with subsection3
903+(3) of this section and a finding in accordance with subsection (4) of this4
904+section. A second provisional license may be issued, for a like term and5
905+fee, to effect compliance. No further provisional licenses may be issued6
906+for the current year after the second issuance.7
907+(7) If requested by the Colorado department of health care policy8
908+and financing, the department may issue a provisional license for a period9
909+of ninety days to an agency that has applied to be a certified home care10
910+agency as defined in section 25-27.5-102. A provisional license shall not11
911+be granted prior to the completion of a criminal history record check in12
912+accordance with subsection (3) of this section and a finding in accordance13
913+with subsection (4) of this section. A second provisional license may be14
914+issued, for a like term and fee, to effect compliance. No further15
915+provisional licenses may be issued for the current year after the second16
916+issuance.17
917+SECTION 44. In Colorado Revised Statutes, 25-27.6-106,18
918+amend (3) and (6) as follows:19
919+25-27.6-106. License - application - inspection - issuance.20
920+(3) (a) With the submission of an application for a license to operate a21
921+behavioral health entity, or within ten days after a change in owner or22
922+manager of a behavioral health entity, each owner and manager shall23
923+submit a complete set of his or her THE PERSON'S fingerprints to the24
924+Colorado bureau of investigation for the purpose of conducting a25
925+fingerprint-based criminal history record check. The Colorado bureau of26
926+investigation shall forward the fingerprints to the federal bureau of27
927+1270
928+-32- investigation for the purpose of conducting fingerprint-based criminal1
929+history record checks. Each owner and each manager shall pay the bureau2
930+the costs associated with the fingerprint-based criminal history record3
931+check. Upon completion of the
932+FINGERPRINT-BASED criminal history4
933+record check, the bureau shall forward the results to the department. The
934+5
935+department may acquire a name-based criminal history record check for6
936+an applicant who has twice submitted to a fingerprint-based criminal7
937+history record check and whose fingerprints are unclassifiable. WHEN THE8
938+RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK OF9
939+A PERSON PERFORMED PURSUANT TO THIS SUBSECTION (3) REVEAL A10
940+RECORD OF ARREST WITHOUT A DISPOSITION , THE DEPARTMENT SHALL11
941+REQUIRE THAT PERSON TO SUBMIT TO A NAME -BASED JUDICIAL RECORD12
942+CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d).13
943+(b) The department shall use the information from the criminal14
944+history record checks performed pursuant to subsection (3)(a) of this15
945+section to determine whether the person applying for licensure has been16
946+convicted of a felony or misdemeanor that involves conduct that the17
947+department determines could pose a risk to the health, safety, or welfare18
948+of behavioral health entity consumers. The department shall keep19
949+information obtained in accordance with this section confidential.20
950+(6) The department may issue a provisional license to operate a21
951+behavioral health entity to an applicant for the purpose of operating a22
952+behavioral health entity for a period of ninety days if the applicant is23
953+temporarily unable to conform to all of the minimum standards required24
954+pursuant to this article 27.6; except that the department shall not issue a25
955+provisional license to an applicant if the operation of the behavioral26
956+health entity will adversely affect the health, safety, or welfare of the27
957+1270
958+-33- consumers of the behavioral health entity. As a condition of obtaining a1
959+provisional license, the applicant shall show proof to the department that2
960+attempts are being made to conform and comply with the applicable3
961+standards required pursuant to this article 27.6. The department shall not4
962+grant a provisional license prior to the completion of a criminal5
963+background check in accordance with subsection (3) of this section and6
964+a determination in accordance with subsection (4) of this section. A7
965+second provisional license may be issued, for a like term and fee, to effect8
966+compliance. No further provisional licenses may be issued for the current9
967+year after the second issuance.10
968+SECTION 45. In Colorado Revised Statutes, 26-3.1-107, amend11
969+(1) as follows:12
970+26-3.1-107. Background check - adult protective services data13
971+system check. (1) Each county department shall require each protective14
972+services employee hired on or after May 29, 2012, to complete a15
973+fingerprint-based criminal history record check utilizing the records of the16
974+Colorado bureau of investigation and the federal bureau of investigation.17
975+The employee shall pay the cost of the fingerprint-based criminal history18
976+record check unless the county department chooses to pay the cost. Upon19
139977 completion of the
140-FINGERPRINT-BASED criminal history record check, the
141-bureau shall forward the results to the commission. The commission shall
142-acquire a name-based criminal history
143- JUDICIAL record check, as defined in
144-section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a
145-fingerprint-based criminal history record check and whose fingerprints are
146-unclassifiable or when the results of a fingerprint-based criminal history
147-record check of an applicant performed pursuant to this subsection (1)(b)(I)
148-reveal a record of arrest without a disposition. The applicant shall pay the
149-costs associated with a name-based criminal history JUDICIAL record check.
150-SECTION 10. In Colorado Revised Statutes, 12-10-606, amend (6)
151-as follows:
152-12-10-606. Qualifications for licensing and certification of
153-appraisers - continuing education - rules - definitions. (6) (a) The board
154-shall not issue a license or certification until the applicant demonstrates that
155-he or she
156- THE APPLICANT meets the fitness standards established by board
157-rule and submits a set of fingerprints to the Colorado bureau of
158-investigation for the purpose of conducting a state and national
159-fingerprint-based criminal history record check utilizing records of the
160-Colorado bureau of investigation and the federal bureau of investigation.
161-Each person submitting a set of fingerprints shall pay the fee established by
162-the Colorado bureau of investigation for conducting the fingerprint-based
163-criminal history record check to the bureau. Upon completion of the
164-FINGERPRINT-BASED criminal history record check, the bureau shall forward
165-the results to the board. The board shall require a name-based criminal
166-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for
167-an applicant who has twice submitted to a fingerprint-based criminal history
168-record check and whose fingerprints are unclassifiable or when the results
169-of a fingerprint-based criminal history record check of an applicant
170-performed pursuant to this subsection (6) reveal a record of arrest without
171-a disposition. The applicant shall pay the costs associated with a
172-name-based criminal history
173- JUDICIAL record check. The board may deny
174-an application for licensure or certification based on the outcome of the
175-criminal history
176- record check and may establish criminal history
177-requirements more stringent than those established by any applicable federal
178-law. At a minimum, the board shall adopt the criminal history requirements
179-established by any applicable federal law.
180-PAGE 5-HOUSE BILL 22-1270 (b) An applicant for certification as a licensed ad valorem appraiser
181-is not subject to the fingerprinting and criminal background check
182-requirements of subsection (6)(a) of this section.
183-SECTION 11. In Colorado Revised Statutes, 12-10-607, amend (3)
184-as follows:
185-12-10-607. Appraisal management companies - application for
186-license - exemptions. (3) The board shall not issue a license to any
187-partnership, limited liability company, or corporation unless and until the
188-appraiser designated by the partnership, limited liability company, or
189-corporation as controlling appraiser and each individual who owns more
190-than ten percent of the entity demonstrates that he or she
191- THE PERSON meets
192-the fitness standards established by board rule and submits a set of
193-fingerprints to the Colorado bureau of investigation for the purpose of
194-conducting a state and national fingerprint-based criminal history record
195-check utilizing records of the Colorado bureau of investigation and the
196-federal bureau of investigation. Each person submitting a set of fingerprints
197-shall pay the fee established by the Colorado bureau of investigation for
198-conducting the fingerprint-based criminal history record check to the
199-bureau. Upon completion of the
200-FINGERPRINT-BASED criminal history record
201-check, the bureau shall forward the results to the board. The board shall
202-require a name-based criminal history
203- JUDICIAL record check, as defined in
204-section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a
205-fingerprint-based criminal history record check and whose fingerprints are
206-unclassifiable or when the results of a fingerprint-based criminal history
207-record check of an applicant performed pursuant to this subsection (3)
208-reveal a record of arrest without a disposition. The applicant shall pay the
209-costs associated with a name-based criminal history JUDICIAL record check.
210-The board may deny an application for licensure or refuse to renew a license
211-based on the outcome of the criminal history
212- record check. The board may
213-require criminal history requirements more stringent than those established
214-by any applicable federal law. At a minimum, the board shall adopt the
215-criminal history requirements established by any applicable federal law.
216-SECTION 12. In Colorado Revised Statutes, 12-10-610, amend (4)
217-as follows:
218-12-10-610. Expiration of licenses - renewal - penalties - fees -
219-rules. (4) At the time of renewal or reinstatement, every licensee,
220-PAGE 6-HOUSE BILL 22-1270 certificate holder, and person or individual who owns more than ten percent
221-of an appraisal management company shall submit a set of fingerprints to
222-the Colorado bureau of investigation for the purpose of conducting a state
223-and national fingerprint-based criminal history record check utilizing
224-records of the Colorado bureau of investigation and the federal bureau of
225-investigation, if the person has not previously done so for issuance of a
226-license or certification by the board. Each person submitting a set of
227-fingerprints shall pay the fee established by the Colorado bureau of
228-investigation for conducting the fingerprint-based criminal history record
229-check to the bureau. The bureau shall forward the results to the board. The
230-board shall require a name-based criminal history
231- JUDICIAL record check,
232-as defined in section 22-2-119.3 (6)(d), for an applicant who has twice
233-submitted to a fingerprint-based criminal history record check and whose
234-fingerprints are unclassifiable or when the results of a fingerprint-based
235-criminal history record check of an applicant performed pursuant to this
236-section reveal a record of arrest without a disposition. The applicant shall
237-pay the costs associated with a name-based criminal history JUDICIAL record
238-check. The board may refuse to renew or reinstate a license or certification
239-based on the outcome of the criminal history
240- record check.
241-SECTION 13. In Colorado Revised Statutes, 12-10-704, amend
242-(6)(a) and (7)(c) as follows:
243-12-10-704. License required - rules. (6) (a) Prior to submitting an
244-application for a license, an applicant shall submit a set of fingerprints to
245-the Colorado bureau of investigation. Upon receipt of the applicant's
246-fingerprints, the Colorado bureau of investigation shall use the fingerprints
247-to conduct a state and national criminal history record check using records
248-of the Colorado bureau of investigation and the federal bureau of
249-investigation. All costs arising from the
250-FINGERPRINT-BASED criminal
251-history record check must be borne by the applicant and must be paid when
252-the set of fingerprints is submitted. Upon completion of the
253-FINGERPRINT-BASED criminal history record check, the bureau shall forward
254-the results to the board. The board shall acquire a name-based criminalhistory JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for
255-an applicant who has twice submitted to a fingerprint-based criminal history
256-record check and whose fingerprints are unclassifiable or when the results
257-of a fingerprint-based criminal history record check of an applicant
258-performed pursuant to this subsection (6) reveal a record of arrest without
259-a disposition. The applicant shall pay the costs associated with a
260-PAGE 7-HOUSE BILL 22-1270 name-based criminal history JUDICIAL record check.
261-(7) (c) The board shall acquire a name-based criminal history
262-JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for an
263-applicant who has twice submitted to a fingerprint-based criminal history
264-record check and whose fingerprints are unclassifiable or when the results
265-of a fingerprint-based criminal history record check of an applicant
266-performed pursuant to this subsection (7) reveal a record of arrest without
267-a disposition. The applicant shall pay the costs associated with a
268-name-based criminal history
269- JUDICIAL record check.
270-SECTION 14. In Colorado Revised Statutes, 12-235-108, amend
271-(2.5) as follows:
272-12-235-108. License - denial of license application. (2.5) When
273-the results of a fingerprint-based criminal history record check of an
274-applicant performed pursuant to this section reveal a record of arrest
275-without a disposition, the director shall require that applicant to submit to
276-a name-based criminal history
277- JUDICIAL record check, as defined in section
278-22-2-119.3 (6)(d).
279-SECTION 15. In Colorado Revised Statutes, 12-245-304, amend
280-(1)(f) as follows:
281-12-245-304. Qualifications - examinations - licensure and
282-registration. (1) The board shall issue a license as a psychologist to each
283-applicant who files an application in a form and manner required by the
284-board, submits the fee required by the board pursuant to section
285-12-245-205, and furnishes evidence satisfactory to the board that the
286-applicant:
287-(f) On and after July 14, 2020, upon the initial application for
288-licensure, has completed a name-based criminal history
289- JUDICIAL record
290-check, as defined in section 22-2-119.3 (6)(d), with satisfactory results as
291-determined by the board.
292-SECTION 16. In Colorado Revised Statutes, 12-280-304, amend
293-(2) as follows:
294-12-280-304. Record check. (2) When the results of a
295-PAGE 8-HOUSE BILL 22-1270 fingerprint-based criminal history record check of a designated
296-representative performed pursuant to this section reveal a record of arrest
297-without a disposition, the board shall require that designated representative
298-to submit to a name-based criminal history
299- JUDICIAL record check, as
300-defined in section 22-2-119.3 (6)(d). The designated representative shall
301-pay the actual costs of the name-based criminal history
302- JUDICIAL record
303-check.
304-SECTION 17. In Colorado Revised Statutes, 12-310-107, amend
305-(2) as follows:
306-12-310-107. Record check required. (2) When the results of a
307-fingerprint-based criminal history record check of an applicant performed
308-pursuant to this section reveal a record of arrest without a disposition, the
309-director shall require that applicant to submit to a name-based criminal
310-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d). The
311-applicant shall pay the actual costs of the name-based criminal history
312-JUDICIAL record check.
313-SECTION 18. In Colorado Revised Statutes, 13-93-101, amend (3)
314-as follows:
315-13-93-101. License to practice necessary. (3) Upon request of the
316-supreme court or a representative of its office of attorney regulation
317-counsel, the Colorado bureau of investigation
318- APPLICANT shall also provide
319-a name-based criminal history JUDICIAL record check, as defined in section
320-22-2-119.3 (6)(d), for any IF THE applicant whose fingerprints are
321-unclassifiable or when the results of a fingerprint-based criminal history
322-record check of an applicant performed pursuant to this section reveal HAS
323-a record of arrest without a disposition.
324-SECTION 19. In Colorado Revised Statutes, 14-10-116.5, amend
325-(4)(b) as follows:
326-14-10-116.5. Appointment in domestic relations cases - child and
327-family investigator - disclosure - background check. (4) (b) For any
328-person whose fingerprints are unclassifiable or when WHEN the results of
329-a fingerprint-based criminal history record check of a person performed
330-pursuant to this section reveal a record of arrest without a disposition, the
331-department shall require that applicant to submit to a name-based criminal
332-PAGE 9-HOUSE BILL 22-1270 history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
333-Upon request of the department pursuant to this section, the Colorado
334-bureau of investigation APPLICANT shall also provide a name-based criminal
335-history JUDICIAL record check. for any person.
336-SECTION 20. In Colorado Revised Statutes, 15-14-110, amend
337-(5)(b) as follows:
338-15-14-110. Letters of office. (5) (b) When the results of a
339-fingerprint-based criminal history record check of an applicant performed
340-pursuant to this subsection (5) reveal a record of arrest without a
341-disposition, the court shall require that nominee to submit to a name-based
342-criminal history
343- JUDICIAL record check, as defined in section 22-2-119.3
344-(6)(d). The applicant is responsible for the cost of the name-based criminal
345-history JUDICIAL record check.
346-SECTION 21. In Colorado Revised Statutes, 19-2.5-1521, amend
347-(4) as follows:
348-19-2.5-1521. Juvenile facility - contract for operation. (4) The
349-contractor shall require applicants for employment at the facility to submit
350-a set of fingerprints to the Colorado bureau of investigation for a
351-fingerprint-based criminal history record check, and the Colorado bureau
352-of investigation may accept such
353- THE fingerprints. For the purpose of
354-conducting a fingerprint-based criminal history record check, to the extent
355-authorized by federal law, the Colorado bureau of investigation may
356-exchange with the department of human services any state, multistate, and
357-federal criminal history records of individuals who apply for employment
358-at the facility. When the results of a fingerprint-based criminal history
359-record check of an applicant performed pursuant to this section reveal a
360-record of arrest without a disposition, the contractor shall require that
361-applicant to submit to a name-based criminal history
362- JUDICIAL record check,
363-as defined in section 22-2-119.3 (6)(d).
364-SECTION 22. In Colorado Revised Statutes, 22-1-121, amend
365-(1.7)(a.5) and (1.7)(b) as follows:
366-22-1-121. Nonpublic schools - employment of personnel -
367-notification by department of education. (1.7) (a.5) When the results of
368-a fingerprint-based criminal history record check of an applicant or
369-PAGE 10-HOUSE BILL 22-1270 employee performed pursuant to this section reveal a record of arrest
370-without a disposition, the governing board shall require that applicant or
371-employee to submit to a name-based criminal history JUDICIAL record
372-check, as defined in section 22-2-119.3 (6)(d).
373-(b) All costs arising from a fingerprint-based criminal history record
374-check performed by the Colorado bureau of investigation and the federal
375-bureau of investigation pursuant to the provisions of
376- this section or a
377-name-based criminal history JUDICIAL record check performed pursuant to
378-this section must be borne by the nonpublic school. Such THE costs may be
379-passed on to the employee or the prospective employee.
380-SECTION 23. In Colorado Revised Statutes, 22-30.5-110.5, amend
381-(2)(b)(I) and (2)(b)(II) introductory portion as follows:
382-22-30.5-110.5. Background investigation - charter school
383-employees - information provided to department - definitions. (2) The
384-background investigation of an applicant, at a minimum, must include:
385-(b) (I) A fingerprint-based criminal history record check and, if
386-necessary, a name-based criminal history JUDICIAL record check, as
387-described in section 22-30.5-110.7.
388-(II) The criminal history record check shall be designed to
389-determine, at a minimum, whether the applicant has been convicted of, pled
390-nolo contendere or guilty to, or received a deferred sentence or deferred
391-prosecution for:
392-SECTION 24. In Colorado Revised Statutes, 22-30.5-110.7, amend
393-(4)(b), (5)(a) introductory portion, (6)(b), (6.5), and (9)(b) as follows:
394-22-30.5-110.7. Fingerprint-based criminal history record checks
395-- charter school employees - procedures - exceptions - definitions.
396-(4) (b) When the results of a fingerprint-based criminal history record
397-check of an employee performed pursuant to this subsection (4) reveal a
398-record of arrest without a disposition, the charter school shall require that
399-employee to submit to a name-based criminal history
400- JUDICIAL record
401-check, as defined in section 22-2-119.3 (6)(d).
402-(5) (a) A charter school may employ a person in the charter school
403-PAGE 11-HOUSE BILL 22-1270 prior to receiving the results of the person's fingerprint-based criminal
404-history record check or name-based criminal history JUDICIAL record check;
405-except that:
406-(6) (b) When the results of a fingerprint-based criminal history
407-record check of an employee performed pursuant to subsection (6)(a) of this
408-section reveal a record of arrest without a disposition, the charter school
409-shall require that employee to submit to a name-based criminal history
410-JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
411-(6.5) An employee or an applicant for employment with a charter
412-school is disqualified from employment if the results of a fingerprint-based
413-criminal history record check or name-based criminal history
414- JUDICIAL
415-record check completed on or after August 10, 2011, disclose a conviction for an offense described in section 22-32-109.8 (6.5). Nothing in this section or in section 22-32-109.8 creates for a person a property right in or entitlement to employment or continued employment with a charter school or impairs a charter school's right to terminate employment for a nondiscriminatory reason.
416-(9) (b) The employing charter school shall be responsible for costs
417-arising from a name-based criminal history
418- JUDICIAL record check
419-performed pursuant to this section. The charter school may collect the costs
420-from the employee or the prospective employee.
421-SECTION 25. In Colorado Revised Statutes, 22-30.5-511.5, amend
422-(1), (2), and (2.5) as follows:
423-22-30.5-511.5. Background investigation - prohibition against
424-employing persons - institute charter school employees' information
425-provided to department. (1) An institute charter school shall conduct a
426-background investigation, including a fingerprint-based criminal history
427-record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7, of
428-an applicant to whom an offer of employment is extended by the institute
429-charter school to determine whether the applicant is suitable to work in an
430-environment with children. An applicant who applies for a position of
431-employment with an institute charter school shall submit to a background
432-investigation, including a fingerprint-based criminal history record check,
433-and, as necessary, a name-based criminal history
434- JUDICIAL record check, as
435-described in sections 22-30.5-110.5 and 22-30.5-110.7.
436-PAGE 12-HOUSE BILL 22-1270 (2) When an institute charter school finds good cause to believe that
437-a person employed by the institute charter school has been convicted of a
438-felony or misdemeanor, other than a misdemeanor traffic offense or traffic
439-infraction subsequent to such employment, the institute charter school shall
440-require the person to submit to the institute charter school a complete set of
441-his or her
442- THE PERSON'S fingerprints for a fingerprint-based criminal history
443-record check and, as necessary, a name-based criminal history JUDICIAL
444-record check, as described in section 22-30.5-110.7 (6).
445-(2.5) An employee or an applicant for employment with an institute
446-charter school is disqualified from employment if the results of a
447-fingerprint-based criminal history record check or a name-based criminal
448-history JUDICIAL record check completed on or after August 10, 2011,
449-disclose a conviction for an offense described in section 22-32-109.8 (6.5).
450-Nothing in this section or in section 22-32-109.8 creates for a person a
451-property right in or entitlement to employment or continued employment
452-with an institute charter school or impairs an institute charter school's right
453-to terminate employment for a nondiscriminatory reason.
454-SECTION 26. In Colorado Revised Statutes, 22-30.7-111, amend
455-(1)(b)(VII) as follows:
456-22-30.7-111. Learning centers - memoranda of understanding
457-- rules - appeal process. (1) (b) A multi-district online school that intends
458-to provide instruction to students within a learning center shall notify the
459-school district in which the proposed learning center is located of the
460-multi-district online school's intention in writing at least ninety days before
461-the multi-district online school intends to commence providing such
462-instruction. The notice must include the standard MOU form that addresses,
463-at a minimum, the following information as it applies to each learning
464-center to be located within the school district:
465-(VII) Measures to ensure compliance with state and federal laws
466-concerning educator licensing, fingerprint-based criminal history record
467-checks, and name-based criminal history
468- JUDICIAL record checks;
469-SECTION 27. In Colorado Revised Statutes, 22-32-109.8, amend
470-(4)(b), (5)(a) introductory portion, (5)(a)(II), and (6)(a.5) as follows:
471-22-32-109.8. Applicants selected for nonlicensed positions -
472-PAGE 13-HOUSE BILL 22-1270 submittal of form and fingerprints - prohibition against employing
473-persons - department database. (4) (b) When the results of a
474-fingerprint-based criminal history record check of an applicant performed
475-pursuant to this subsection (4) reveal a record of arrest without a
476-disposition, the school district shall require that applicant to submit to a
477-name-based criminal history
478- JUDICIAL record check, as defined in section
479-22-2-119.3 (6)(d).
480-(5) (a) A school district may employ a person in a nonlicensed
481-position in the school district prior to receiving the results regarding the
482-selected applicant's fingerprint-based
483-CRIMINAL HISTORY RECORD CHECK or
484-name-based criminal history
485- JUDICIAL record check; however:
486-(II) The school district shall terminate the person's employment if
487-the results of a fingerprint-based criminal history record check or
488-name-based criminal history
489- JUDICIAL record check completed on or after
490-August 10, 2011, disclose a conviction for an offense described in
491-subsection (6.5) of this section.
492-(6) (a.5) When the results of a fingerprint-based criminal history
493-record check of an employee performed pursuant to this subsection (6)
494-reveal a record of arrest without a disposition, the school district shall
495-require that employee to submit to a name-based criminal history
496- JUDICIAL
497-record check, as defined in section 22-2-119.3 (6)(d).
498-SECTION 28. In Colorado Revised Statutes, 22-32-109.9, amend
499-(2)(b) and (3) as follows:
500-22-32-109.9. Licensed personnel - submittal of fingerprints.
501-(2) (b) When the results of a fingerprint-based criminal history record
502-check of an employee performed pursuant to this section reveal a record of
503-arrest without a disposition, the school district shall require that employee
504-to submit to a name-based criminal history
505- JUDICIAL record check, as
506-defined in section 22-2-119.3 (6)(d).
507-(3) All costs arising from the taking of fingerprints and from any
508-fingerprint processing performed by the Colorado bureau of investigation
509-pursuant to the provisions of
510- subsection (1) of this section and costs arising
511-from the performance of a name-based criminal history JUDICIAL record
512-check must be borne by school districts. School districts shall not charge
513-PAGE 14-HOUSE BILL 22-1270 licensed personnel any fees for the direct and indirect costs of such THE
514-school district for fingerprint processing or criminal history record checks
515-performed pursuant to the provisions of subsection (1) of this section.
516-SECTION 29. In Colorado Revised Statutes, 22-60.5-103, amend
517-(7) as follows:
518-22-60.5-103. Applicants - licenses - authorizations - submittal of
519-form and fingerprints - failure to comply constitutes grounds for
520-denial. (7) When the results of a fingerprint-based criminal history record
521-check of an applicant or a search of any other source of criminal history
522-information performed pursuant to this section reveals a record of arrest
523-without a disposition, the department of education shall require that
524-applicant to submit to a name-based criminal history
525- JUDICIAL record check,
526-as defined in section 22-2-119.3 (6)(d).
527-SECTION 30. In Colorado Revised Statutes, 22-62-103.5, amend
528-(1) as follows:
529-22-62-103.5. Record checks - definition. (1) A school district or
530-charter school that requires a fingerprint-based criminal history record
531-check or a name-based criminal history
532- JUDICIAL record check for a student
533-enrolled in an educator preparation program who applies for field
534-experiences within the school district or charter school must accept the
535-results of a fingerprint-based criminal history record check or a name-based
536-criminal history
537- JUDICIAL record check performed pursuant to section
538-22-2-119.3 as satisfaction of the requirement.
539-SECTION 31. In Colorado Revised Statutes, 23-64-110, amend
540-(1)(a)(II) as follows:
541-23-64-110. Submittal of fingerprints for persons teaching at
542-designated schools - fingerprint-based criminal history record checks
543-- prerequisite for commencing or continuing employment.
544-(1) (a) (II) When the results of a fingerprint-based criminal history record
545-check of instructional staff or prospective instructional staff performed
546-pursuant to this section reveal a record of arrest without a disposition, the
547-board shall require the instructional staff or prospective instructional staff
548-to submit to a name-based criminal history
549- JUDICIAL record check, as
550-defined in section 22-2-119.3 (6)(d). Instructional staff or prospective
551-PAGE 15-HOUSE BILL 22-1270 instructional staff shall pay the fee established by the board for conducting
552-the named-based criminal history JUDICIAL record check.
553-SECTION 32. In Colorado Revised Statutes, 24-31-304, amend
554-(3)(b) as follows:
555-24-31-304. Applicant for training - fingerprint-based criminal
556-history record check. (3) (b) When the results of a fingerprint-based
557-criminal history record check of a person seeking to enroll in a training
558-academy performed pursuant to this section reveal a record of arrest without
559-a disposition, the P.O.S.T. board shall require that person to submit to a
560-name-based criminal history
561- JUDICIAL record check, as defined in section
562-22-2-119.3 (6)(d).
563-SECTION 33. In Colorado Revised Statutes, 24-31-702, amend
564-(2)(f) as follows:
565-24-31-702. Colorado domestic violence fatality review board -
566-creation - membership - purpose - duties. (2) (f) Before commencing his
567-or her service on the review team, each member shall submit his or her THE
568-MEMBER
569-'S fingerprints to the Colorado bureau of investigation for the
570-purposes of a criminal background check. The bureau shall forward the
571-results of each background check to the attorney general. When the results
572-of a fingerprint-based criminal history record check of a member performed
573-pursuant to this section reveal a record of arrest without a disposition, the
574-attorney general shall require that member to submit to a name-based
575-criminal history
576- JUDICIAL record check, as defined in section 22-2-119.3
577-(6)(d).
578-SECTION 34. In Colorado Revised Statutes, 24-33.5-705.5, amend
579-(4)(b) as follows:
580-24-33.5-705.5. Auxiliary emergency communications unit -
581-powers and duties of unit and office of emergency management
582-regarding auxiliary communications - definitions. (4) In connection with
583-the powers and duties of the unit as specified in this section, the director of
584-the office may:
585-(b) Conduct criminal background investigations on candidates for
586-credentialing as auxiliary emergency communicators in accordance with the
587-PAGE 16-HOUSE BILL 22-1270 security needs of the department. When the results of a fingerprint-based
588-criminal history record check of an applicant performed pursuant to this
589-section reveal a record of arrest without a disposition, the director shall
590-require that applicant to submit to a name-based criminal history
591- JUDICIAL
592-record check, as defined in section 22-2-119.3 (6)(d). The unit may deny credentialing to any candidate based upon the results of a background check.
593-SECTION 35. In Colorado Revised Statutes, amend 24-50-1002
594-as follows:
595-24-50-1002. State agencies with access to federal tax information
596-- authorization for background checks - procedure - costs. (1) Each
597-applicant, state employee, state contractor, or other individual who has or
598-may have access through a state agency to federal tax information received
599-from the federal government shall submit a complete set of his or her
600- THE
601-PERSON
602-'S fingerprints to the state agency. The state agency shall submit the
603-fingerprints to the Colorado bureau of investigation for the purpose of
604-conducting fingerprint-based criminal history record checks. The Colorado
605-bureau of investigation shall forward the fingerprints to the federal bureau
606-of investigation for the purpose of conducting fingerprint-based criminal
607-history record checks. The state agency shall acquire a name-based criminal
608-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for
609-an applicant, state employee, state contractor, or other individual who has
610-twice submitted to a fingerprint-based criminal history record check and
611-whose fingerprints are unclassifiable or when the results of a
612-fingerprint-based criminal history record check of a person performed
613-pursuant to this section reveal a record of arrest without a disposition. The
614-state agency may collect the fingerprints of the applicant, state employee,
615-state contractor, or other individual or may use the fingerprinting services
616-of another state agency or other entity authorized to collect fingerprints for
617-the purpose of conducting fingerprint-based criminal history record checks.
618-(2) The state agency shall use the information resulting from the
619-fingerprint-based
620-CRIMINAL HISTORY RECORD CHECK or name-based
621-criminal history
622- JUDICIAL record check to investigate and determine whether
623-the applicant, state employee, state contractor, or other individual is
624-qualified to have access to federal tax information in accordance with
625-federal internal revenue service publication 1075. The state agency may
626-verify the information an individual is required to submit. The state agency
627-PAGE 17-HOUSE BILL 22-1270 shall deny access to federal tax information received from the federal
628-government to an applicant, state employee, state contractor, or other
629-individual who does not pass the criminal history
630- record check required by
631-this section.
632-(3) The state agency shall pay the costs associated with
633-fingerprint-based criminal history record checks to the Colorado bureau of
634-investigation and pay the costs associated with a name-based criminal
635-history JUDICIAL record check.
636-SECTION 36. In Colorado Revised Statutes, 24-50-1003, amend
637-(2), (3), and (4) as follows:
638-24-50-1003. County departments with access to federal tax
639-information - authorization for background checks - procedure - costs.
640-(2) Each applicant, county employee, county contractor, or other individual
641-who has or may have access to federal tax information subject to an
642-agreement authorized under subsection (1) of this section shall submit a
643-complete set of his or her
644- THE PERSON'S fingerprints to the county
645-department. The county department shall submit the fingerprints to the
646-Colorado bureau of investigation for the purpose of conducting
647-fingerprint-based criminal history record checks. The Colorado bureau of
648-investigation shall forward the fingerprints to the federal bureau of
649-investigation for the purpose of conducting fingerprint-based criminal
650-history record checks. The county department shall acquire a name-based
651-criminal history
652- JUDICIAL record check, as defined in section 22-2-119.3
653-(6)(d), for an applicant, county employee, county contractor, or other
654-individual who has twice submitted to a fingerprint-based criminal history
655-record check and whose fingerprints are unclassifiable or when the results
656-of a fingerprint-based criminal history record check of a person performed
657-pursuant to this section reveal a record of arrest without a disposition.
658-(3) The county department shall use the information resulting from
978+FINGERPRINT-BASED criminal history record check, the20
979+Colorado bureau of investigation shall forward the results to the county21
980+department. The county department shall require a name-based criminal
981+22
982+history JUDICIAL record check, AS DEFINED IN SECTION 22-2-119.3 (6)(d),23
983+for an applicant or an employee who has twice submitted to a24
984+fingerprint-based criminal history record check and whose fingerprints25
985+are unclassifiable or when the results of a fingerprint-based criminal26
986+history record check of an applicant performed pursuant to this section27
987+1270
988+-34- reveal a record of arrest without a disposition. as defined in section1
989+22-2-119.3 (6)(d).2
990+SECTION 46. In Colorado Revised Statutes, 26-6-103.3, amend3
991+(2) as follows:4
992+26-6-103.3. Substitute child care providers - substitute5
993+placement agency - licensing - rules. (2) The state board shall6
994+promulgate rules for substitute placement agencies and substitute child7
995+care providers. At a minimum, state board rules must require that the8
996+substitute child care provider demonstrate that he or she THE PROVIDER9
997+has the training and certification for the child care license type and10
998+position in which the substitute child care provider is placed. Pursuant to11
999+section 26-6-107 (1)(a)(I)(C), each substitute child care provider shall pay12
1000+for and submit to a fingerprint-based criminal history record check and a13
1001+review of the records and reports of child abuse or neglect maintained by14
1002+the state department to determine whether the substitute child care15
1003+provider has been found to be responsible in a confirmed report of child16
1004+abuse or neglect. When the results of a fingerprint-based criminal history17
1005+record check or any other records check performed on a person pursuant18
1006+to this subsection (2) reveal a record of arrest without a disposition, the19
1007+state board shall require that person to submit to a name-based criminal20
1008+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).21
1009+The substitute placement agency shall not place a substitute child care22
1010+provider who is convicted of any of the crimes specified in section23
1011+26-6-104 (7) or section 26-6-108.24
1012+SECTION 47. In Colorado Revised Statutes, 26-6-103.5, amend25
1013+(2)(f)(V) as follows:26
1014+26-6-103.5. Application of part - guest child care facilities -27
1015+1270
1016+-35- public services short-term child care facilities - definition. (2) A1
1017+person or entity shall not operate a guest child care facility or a public2
1018+services short-term child care facility unless the following requirements3
1019+are met:4
1020+(f) (V) When the results of a fingerprint-based criminal history5
1021+record check or any other records check performed pursuant to this6
1022+subsection (2)(f) reveal a record of arrest without a disposition, the guest7
1023+child care facility or public services short-term child care facility shall8
1024+require the supervisory employee or applicant for a supervisory employee9
1025+position to submit to a name-based criminal history JUDICIAL record10
1026+check, as defined in section 22-2-119.3 (6)(d);11
1027+SECTION 48. In Colorado Revised Statutes, 26-6-104, amend12
1028+(7.5)(b) as follows:13
1029+26-6-104. Licenses - out-of-state notices and consent -14
1030+demonstration pilot program - definition - rules. (7.5) (b) When the15
1031+results of a fingerprint-based criminal history record check performed16
1032+pursuant to this subsection (7.5) reveal a record of arrest without a17
1033+disposition, the state department shall require the person to submit to a18
1034+name-based criminal history JUDICIAL record check, as defined in section19
1035+22-2-119.3 (6)(d). The costs for the name-based criminal history JUDICIAL20
1036+record check must be borne by the applicant.21
1037+SECTION 49. In Colorado Revised Statutes, 26-6-106.3, amend22
1038+(5)(e) and (6)(a) as follows:23
1039+26-6-106.3. Certification and annual recertification of foster24
1040+care homes by county departments and licensed child placement25
1041+agencies - background and reference check requirements -26
1042+definitions. (5) Prior to issuing a certificate or a recertification to an27
1043+1270
1044+-36- applicant to operate a foster care home, a county department or a child1
1045+placement agency licensed under the provisions of this part 1 shall2
1046+conduct the following background checks for the applicant for a3
1047+certificate, a person employed by the applicant, or a person who resides4
1048+at the facility or the home:5
1049+(e) When the results of a fingerprint-based criminal history record6
1050+check or any other records check performed pursuant to this subsection7
1051+(5) reveal a record of arrest without a disposition, the county department8
1052+or child placement agency shall require the person to submit to a9
1053+name-based criminal history JUDICIAL record check, as defined in section10
1054+22-2-119.3 (6)(d).11
1055+(6) A county department or a child placement agency licensed12
1056+under the provisions of this part 1 shall not issue a certificate to operate,13
1057+or a recertification to operate, a foster care home and shall revoke or14
1058+suspend a certificate if the applicant for the certificate, a person employed15
1059+by the applicant, or a person who resides at the facility or home:16
1060+(a) Has been convicted of any of the crimes listed in subsection17
1061+(5)(a) of this section as verified through a fingerprint-based criminal18
1062+history record check, a name-based criminal history JUDICIAL record19
1063+check, if necessary, and a check of the ICON system at the state judicial20
1064+department;21
1065+SECTION 50. In Colorado Revised Statutes, 26-6-107, amend22
1066+(1)(a)(I.5)(C) and (1)(a.7)(I)(E) as follows:23
1067+26-6-107. Investigations and inspections - local authority -24
1068+reports - rules. (1) (a) (I.5) Rules promulgated by the state board25
1069+pursuant to subsection (1)(a)(I) of this section must also include:26
1070+(C) When the results of an investigation performed pursuant to27
1071+1270
1072+-37- subsection (1)(a)(I) of this section or this subsection (1)(a)(I.5) reveal a1
1073+record of arrest without a disposition, a name-based criminal history2
1074+JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).3
1075+(a.7) (I) For all applicants applying to be a foster care home or4
1076+kinship foster care home, regardless of reimbursement, the county5
1077+department or child placement agency shall require each adult who is6
1078+eighteen years of age or older and who resides in the home to obtain a7
1079+fingerprint-based criminal history record check through the Colorado8
1080+bureau of investigation and the federal bureau of investigation. The9
1081+applicant must provide the county department or child placement agency10
1082+with the addresses where the applicant and any adult residing in the home11
1083+has lived in the preceding five years, including addresses from other12
1084+states. The county department or the child placement agency shall13
1085+conduct the following background checks of the applicant or an adult14
1086+residing in the home:15
1087+(E) When the results of a fingerprint-based criminal history record16
1088+check performed pursuant to this subsection (1)(a.7)(I) reveal a record of17
1089+arrest without a disposition, a name-based criminal history JUDICIAL18
1090+record check, as defined in section 22-2-119.3 (6)(d).19
1091+SECTION 51. In Colorado Revised Statutes, 26-6-120, amend20
1092+(1.5) and (5) as follows:21
1093+26-6-120. Exempt family child care home providers -22
1094+fingerprint-based criminal history record check - child care23
1095+assistance program money - temporary care - rules - definitions.24
1096+(1.5) (a) When the results of an FCC performed pursuant to subsection25
1097+(1) of this section reveal a record of arrest without a disposition, the state26
1098+department shall require that person to submit to a name-based criminal27
1099+1270
1100+-38- history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).1
1101+(b) A person who undergoes a name-based criminal history2
1102+JUDICIAL record check shall pay to the state department a fee established3
1103+by rule of the state board pursuant to subsection (5) of this section to4
1104+offset the costs associated with performing the name-based criminal5
1105+history JUDICIAL record check.6
1106+(5) The state board shall promulgate rules to establish the amount7
1107+of the fee to collect from a qualified provider or qualified adult who is8
1108+subject to an FCC pursuant to subsection (1) of this section or a9
1109+name-based criminal history JUDICIAL record check pursuant to10
1110+subsection (1.5) of this section. The state department is authorized to11
1111+collect the fee at the time of the FCC or name-based criminal history12
1112+JUDICIAL record check.13
1113+SECTION 52. In Colorado Revised Statutes, 27-90-111, amend14
1114+(4) as follows:15
1115+27-90-111. Employment of personnel - screening of applicants16
1116+- disqualifications from employment - contracts - rules - definitions.17
1117+(4) Prior to the department's permanent employment of a person in a18
1118+position that would require that person to have direct contact with a19
1119+vulnerable person, the executive director or any division head of the20
1120+department shall make an inquiry to the director of the Colorado bureau21
1121+of investigation to ascertain whether the person has a criminal history.22
1122+The person's employment is conditional upon a satisfactory state and23
1123+national fingerprint-based criminal history record check. A criminal24
1124+history record check conducted pursuant to this subsection (4) must25
1125+include but need not be limited to arrests, conviction records, and the26
1126+disposition of any criminal charges. The department shall require the27
1127+1270
1128+-39- person to have his or her THE PERSON'S fingerprints taken by a local law1
1129+enforcement agency or any third party approved by the Colorado bureau2
1130+of investigation. If an approved third party takes the person's fingerprints,3
1131+the fingerprints may be electronically captured using Colorado bureau of4
1132+investigation-approved livescan equipment. Third-party vendors shall not5
1133+keep the applicant information for more than thirty days unless requested6
1134+to do so by the applicant. The department shall forward those fingerprints7
1135+to the Colorado bureau of investigation for the purpose of fingerprint8
1136+processing utilizing the files and records of the Colorado bureau of9
1137+investigation and the federal bureau of investigation. When the results of10
1138+a fingerprint-based criminal history record check of a person performed11
1139+pursuant to this section reveal a record of arrest without a disposition, the12
1140+department shall require that person to submit to a name-based criminal13
1141+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).14
1142+The department shall pay for the costs of criminal history record checks15
1143+conducted pursuant to this section out of existing appropriations.16
1144+SECTION 53. In Colorado Revised Statutes, 35-61-104, amend17
1145+(1)(c) as follows:18
1146+35-61-104. Registration - cultivation of industrial hemp -19
1147+research and development growth - hemp management plan - rules.20
1148+(1) (c) With the submission of an application for registration, each key21
1149+participant shall submit a complete set of fingerprints to the Colorado22
1150+bureau of investigation or the department for the purpose of conducting23
1151+fingerprint-based criminal history record checks. If received by the24
1152+department, the department shall submit the fingerprints to the Colorado25
1153+bureau of investigation for the purpose of conducting fingerprint-based26
1154+criminal history record checks. The Colorado bureau of investigation27
1155+1270
1156+-40- shall forward the fingerprints to the federal bureau of investigation for the1
1157+purpose of conducting a fingerprint-based criminal history record check.2
1158+Upon completion of the
1159+FINGERPRINT-BASED criminal history record3
1160+check, the bureau shall forward the results to the commissioner. The
1161+4
1162+department may acquire WHEN THE RESULTS OF A FINGERPRINT-BASED5
1163+CRIMINAL HISTORY RECORD CHECK REVEAL A RECORD OF ARREST6
1164+WITHOUT A DISPOSITION, THE DEPARTMENT SHALL REQUIRE A KEY7
1165+PARTICIPANT TO SUBMIT a name-based criminal history JUDICIAL record8
1166+check,
1167+AS DEFINED IN SECTION 22-2-119.3 (6)(d). for a key participant
1168+9
1169+who has twice submitted to a fingerprint-based criminal history record10
1170+check and whose fingerprints are unclassifiable. The commissioner shall11
1171+use the information resulting from the fingerprint-based criminal history12
1172+record check to investigate and determine whether a key participant is13
1173+qualified to be registered. The key participant shall pay the costs14
1174+associated with the fingerprint-based criminal history record check.15
1175+SECTION 54. In Colorado Revised Statutes, 40-10.1-110,16
1176+amend (1.5), (3) introductory portion, (3)(c) introductory portion, (4), and17
1177+(7) as follows:18
1178+40-10.1-110. Record check - rules. (1.5) When the results of a19
1179+fingerprint-based criminal history record check of an individual20
1180+performed pursuant to this section reveal a record of arrest without a21
1181+disposition, the commission shall require the individual to submit to a22
1182+name-based criminal history JUDICIAL record check, as defined in section23
1183+22-2-119.3 (6)(d). The individual shall pay the costs associated with a24
1184+name-based criminal history JUDICIAL record check.25
1185+(3) An individual whose criminal history record is checked26
1186+pursuant to this section is disqualified and prohibited from driving motor27
1187+1270
1188+-41- vehicles for the motor carrier described in subsection (1) of this section1
1189+if the criminal history record check reflects that:2
1190+(c) Within the two years immediately preceding the date the3
1191+criminal history record check is completed, the individual was:4
1192+(4) The commission shall consider the information resulting from5
1193+the criminal history record check in its determination as to whether the6
1194+individual has met the standards set forth in section 24-5-101 (2). C.R.S.7
1195+(7) The commission shall, consistent with the requirements of this8
1196+section, promulgate rules concerning the employment of, contracting9
1197+with, and retention of an individual whose criminal history record is10
1198+checked pursuant to this section, and the frequency and circumstances11
1199+requiring resubmission of fingerprints.12
1200+SECTION 55. In Colorado Revised Statutes, 42-1-224, amend13
1201+(2) as follows:14
1202+42-1-224. Record check. (2) When the results of a15
1203+fingerprint-based criminal history record check of a person performed16
1204+pursuant to this section reveal a record of arrest without a disposition, the17
1205+department shall require the person to submit to a name-based criminal18
1206+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).19
1207+The department shall pay the costs associated with a name-based criminal20
1208+history JUDICIAL record check.21
1209+SECTION 56. In Colorado Revised Statutes, 44-3-307, amend22
1210+(3)(c) introductory portion as follows:23
1211+44-3-307. Persons prohibited as licensees - definition.24
1212+(3) (c) At the time of the application for a license, the applicant shall25
1213+submit fingerprints and file personal history information concerning the26
1214+applicant's qualifications for a license on forms prepared by the state27
1215+1270
1216+-42- licensing authority. The state and local licensing authorities shall submit1
1217+such THE fingerprints to the Colorado bureau of investigation for the2
1218+purpose of conducting fingerprint-based criminal history record checks.3
1219+The Colorado bureau of investigation shall forward the fingerprints to the4
1220+federal bureau of investigation for the purpose of conducting5
1221+fingerprint-based criminal history record checks. An applicant who has6
1222+previously submitted fingerprints for alcohol beverage licensing purposes7
1223+may request that the fingerprints on file be used. When the results of a8
1224+fingerprint-based criminal history record check of an applicant performed9
1225+pursuant to this section reveal a record of arrest without a disposition, the10
1226+licensing authority shall require the applicant to submit to a name-based11
1227+criminal history JUDICIAL record check, as defined in section 22-2-119.312
1228+(6)(d). The licensing authorities shall use the information resulting from13
6591229 the fingerprint-based
660-CRIMINAL HISTORY RECORD CHECK or name-based
661-criminal history
662- JUDICIAL record check to investigate and determine whether
663-the applicant, county employee, county contractor, or other individual is
664-qualified to have access to the shared federal tax information in accordance
665-with federal internal revenue service publication 1075. The county
666-department may verify the information an individual is required to submit.
667-The county department shall deny access to the shared federal tax
668-PAGE 18-HOUSE BILL 22-1270 information to an applicant, county employee, county contractor, or other
669-individual who does not pass the criminal history record check required in
670-accordance with this section.
671-(4) The county department shall pay the costs associated with
672-fingerprint-based criminal history record checks to the Colorado bureau of
673-investigation and pay the costs associated with a name-based criminal
674-history JUDICIAL record check.
675-SECTION 37. In Colorado Revised Statutes, 25-1-124.5, amend
676-(1) and (3) as follows:
677-25-1-124.5. Nursing care facilities - employees - record check -
678-adult protective services data system check - definition. (1) On and after
679-September 1, 1996, prior to employing any person, a nursing care facility
680-or the person seeking employment at a nursing care facility shall make an
681-inquiry to the director of the Colorado bureau of investigation or to private
682-criminal background check companies authorized to do business in the state
683-of Colorado to ascertain whether such
684- THE person has a criminal history,
685-including arrest and conviction records. The Colorado bureau of
686-investigation or private criminal background check companies are
687-authorized to utilize fingerprints to ascertain from the federal bureau of
688-investigation whether such
689- THE person has a criminal history record. When
690-the results of a fingerprint-based criminal history record check of an
691-applicant performed pursuant to this section reveal a record of arrest
692-without a disposition, the nursing care facility shall require that applicant
693-to submit to a name-based criminal history
694- JUDICIAL record check, as
695-defined in section 22-2-119.3 (6)(d). The nursing care facility or the person
696-seeking employment in a nursing care facility shall pay the costs of an
697-inquiry or a name-based criminal history
698- JUDICIAL record check performed
699-pursuant to this section. The criminal history record check must be
700-conducted not more than ninety days prior to the employment of the
701-applicant. For purposes of this section, criminal background check
702-companies must be approved by the state board of nursing. In approving
703-such
704- THE companies, approval must be based upon the provision of lawfully
705-available, accurate, and thorough information pertaining to criminal
706-histories, including arrest and conviction records.
707-(3) In addition to the criminal history
708- background check required
709-pursuant to this section, on and after January 1, 2019, prior to employment,
710-PAGE 19-HOUSE BILL 22-1270 a nursing care facility shall submit the name of a person who will be
711-providing direct care, as defined in section 26-3.1-101 (3.5), to an at-risk
712-adult, as defined in section 26-3.1-101 (1.5), as well as any other required
713-identifying information, to the department of human services for a check of
714-the Colorado adult protective services data system pursuant to section
715-26-3.1-111, to determine if the person is substantiated in a case of
716-mistreatment of an at-risk adult.
717-SECTION 38. In Colorado Revised Statutes, 25-1.5-302, amend
718-(8) as follows:
719-25-1.5-302. Administration of medications - powers and duties
720-of department - record checks. (8) Each owner, operator, or supervisor
721-of a facility who employs a person who is not licensed to administer
722-medications shall conduct a criminal background check on each employee
723-prior to employment or promotion to a position in which the person has
724-access to medications. When the results of a fingerprint-based criminal
725-history record check of an employee performed pursuant to this section
726-reveal a record of arrest without a disposition, the owner, operator, or
727-supervisor of the facility shall require that employee to submit to a
728-name-based criminal history
729- JUDICIAL record check, as defined in section
730-22-2-119.3 (6)(d).
731-SECTION 39. In Colorado Revised Statutes, 25-3.5-203, amend
732-(1)(c)(III), (4)(a), (4)(f)(II), and (4)(g) as follows:
733-25-3.5-203. Emergency medical service providers - licensure -
734-renewal of license - duties of department - rules - record checks -
735-definitions. (1) (c) (III) The department may issue a provisional
736-certification or license to an applicant whose fingerprint-based criminal
737-history record check has not yet been completed. The department shall
738-require the applicant to submit to a name-based criminal history
739- JUDICIAL
740-record check prior to issuing a provisional certification or license.
741-(4) (a) The department shall require a certification or licensure
742-applicant to submit to a federal bureau of investigation fingerprint-based
743-national criminal history record check from the Colorado bureau of
744-investigation to investigate the applicant for an emergency medical service
745-provider certificate or license. The department may acquire a name-based
746-criminal history
747- JUDICIAL record check for a certificate or license applicant.
748-PAGE 20-HOUSE BILL 22-1270 who has twice submitted to a fingerprint-based criminal history record
749-check and whose fingerprints are unclassifiable.
750-(f) If an applicant for certification or licensure renewal has lived in
751-Colorado for:
752-(II) Three years or less at the time of certification or licensure
753-renewal and submitted to a federal bureau of investigation fingerprint-based
754-national criminal history record check at the time of initial certification or
755-licensure or a previous renewal of certification or licensure, the applicant
756-shall submit to another federal bureau of investigation fingerprint-based
757-national criminal history record check from the Colorado bureau of
758-investigation; except that the department may acquire a state name-based
759-criminal history
760- JUDICIAL record check for an applicant. who has twice
761-submitted to a fingerprint-based criminal history record check and whose
762-fingerprints are unclassifiable.
763-(g) When the results of a fingerprint-based criminal history record
764-check of a person performed pursuant to this subsection (4) reveal a record
765-of arrest without a disposition, the department, government entity, or
766-private, not-for-profit, or for-profit organization that required the
767-fingerprint-based criminal history record check shall require that person to
768-submit to a name-based criminal history
769- JUDICIAL record check, as defined
770-in section 22-2-119.3 (6)(d).
771-SECTION 40. In Colorado Revised Statutes, 25-3.5-1103, amend
772-(4)(c) and (5) as follows:
773-25-3.5-1103. Registration - rules - funds. (4) (c) The department
774-may issue a provisional registration to an applicant whose fingerprint-based
775-criminal history record check has not yet been completed. The department
776-shall require the applicant to submit
777-TO a name-based criminal history
778-JUDICIAL record check prior to issuing a provisional registration.
779-(5) (a) The department shall acquire a fingerprint-based criminal
780-history record check from the Colorado bureau of investigation to
781-investigate the holder of or applicant for an emergency medical responder
782-registration. The department may acquire a name-based criminal history
783-JUDICIAL record check for a registrant or an applicant. who has twice
784-submitted to a fingerprint-based criminal history record check and whose
785-PAGE 21-HOUSE BILL 22-1270 fingerprints are unclassifiable. Notwithstanding paragraph (b) of this
786-subsection (5) SUBSECTION (5)(b) OF THIS SECTION, if a person submitted to
787-a fingerprint-based criminal history record check at the time of initial
788-registration or registration renewal, the person shall not be
789- IS NOT required
790-to submit to a subsequent fingerprint-based criminal history record check.
791-(b) If, at the time of application for registry or for renewal, an
792-individual has lived in the state for three years or less, the department shall
793-require the applicant to submit to a federal bureau of investigation
794-fingerprint-based national criminal history record check; except that the
795-department may acquire a national name-based criminal history
796- JUDICIAL
797-record check for an applicant. who has twice submitted to a
798-fingerprint-based criminal history record check and whose fingerprints are
799-unclassifiable. The department shall be IS the authorized agency to receive
800-and disseminate information regarding the result of any national criminal
801-history record check.
802-(c) When the results of a fingerprint-based criminal history record
803-check of a person performed pursuant to this subsection (5) reveal a record
804-of arrest without a disposition, the department shall require that person to
805-submit to a name-based criminal history
806- JUDICIAL record check, as defined
807-in section 22-2-119.3 (6)(d).
808-SECTION 41. In Colorado Revised Statutes, 25-3.5-1305, amend
809-(3)(a)(III), (3)(a)(IV), and (3)(b) as follows:
810-25-3.5-1305. License - application - inspection - record check -
811-issuance. (3) (a) (III) The department may acquire a name-based criminal
812-history JUDICIAL record check for an owner, manager, or administrator. who
813-has twice submitted to a fingerprint-based criminal history record check and
814-whose fingerprints are unclassifiable.
815-(IV) When the results of a fingerprint-based criminal history record
816-check of a person performed pursuant to this subsection (3) reveal a record
817-of arrest without a disposition, the department shall require that person to
818-submit to a name-based criminal history
819- JUDICIAL record check, as defined
820-in section 22-2-119.3 (6)(d).
821-(b) The department may deny a license or renewal of a license if the
822-results of a criminal history record check of an owner, manager, or
823-PAGE 22-HOUSE BILL 22-1270 administrator demonstrates that the owner, manager, or administrator has
824-been convicted of a felony or a misdemeanor involving conduct that the
825-department determines could pose a risk to the health, safety, or welfare of
826-community integrated health-care service consumers.
827-SECTION 42. In Colorado Revised Statutes, 25-27-105, amend
828-(2.5)(a.7) as follows:
829-25-27-105. License - application - inspection - issuance.
830-(2.5) (a.7) When the results of a fingerprint-based criminal history record
831-check of an applicant performed pursuant to this section reveal a record of
832-arrest without a disposition, the department shall require that applicant to
833-submit to a name-based criminal history
834- JUDICIAL record check, as defined
835-in section 22-2-119.3 (6)(d).
836-SECTION 43. In Colorado Revised Statutes, 25-27.5-106, amend
837-(3), (6), and (7) as follows:
838-25-27.5-106. License or registration - application - inspection -
839-issuance - rules. (3) (a) With the submission of an application for a license
840-or registration granted pursuant to this article ARTICLE 27.5 or within ten
841-days after a change in the owner, manager, or administrator, each owner of
842-a home care agency or home care placement agency and each manager or
843-administrator of a home care agency or home care placement agency must
844-submit a complete set of his or her
845- THE PERSON'S fingerprints to the
846-Colorado bureau of investigation for the purpose of conducting a state and
847-national fingerprint-based criminal history record check utilizing records of
848-the Colorado bureau of investigation and the federal bureau of
849-investigation. Each owner and each manager or administrator is responsible
850-for paying the fee established by the Colorado bureau of investigation for
851-conducting the fingerprint-based criminal history record check to the
852-bureau. Upon completion of the
853-FINGERPRINT-BASED criminal history record
854-check, the bureau shall forward the results to the department. The
855-department may acquire a name-based criminal history record check for an
856-applicant. who has twice submitted to a fingerprint-based criminal history
857-record check and whose fingerprints are unclassifiable.
858-(a.5) When the results of a fingerprint-based criminal history record
859-check of a person performed pursuant to this subsection (3) reveal a record
860-of arrest without a disposition, the department shall require that person to
861-PAGE 23-HOUSE BILL 22-1270 submit to a name-based criminal history JUDICIAL record check, as defined
862-in section 22-2-119.3 (6)(d).
863-(b) The department shall use the information from the criminal
864-history record check in ascertaining whether the person applying for
865-licensure or registration has been convicted of a felony or of a
866-misdemeanor, which felony or misdemeanor involves conduct that the
867-department determines could pose a risk to the health, safety, or welfare of
868-home care consumers of the home care agency or home care placement
869-agency. The department shall maintain information obtained in accordance
870-with this section.
871-(6) The department may issue a provisional license to an applicant
872-for the purpose of operating a home care agency for a period of ninety days
873-if the applicant is temporarily unable to conform to all of the minimum
874-standards required under this article
875- ARTICLE 27.5; except that no license
876-shall be issued to an applicant if the operation of the applicant's home care
877-agency will adversely affect the health, safety, or welfare of the home care
878-consumers of such home care agency. As a condition of obtaining a
879-provisional license, the applicant shall show proof to the department that
880-attempts are being made to conform and comply with applicable standards.
881-No provisional license shall be granted prior to the completion of a criminal
882-background check in accordance with subsection (3) of this section and a
883-finding in accordance with subsection (4) of this section. A second
884-provisional license may be issued, for a like term and fee, to effect
885-compliance. No further provisional licenses may be issued for the current
886-year after the second issuance.
887-(7) If requested by the Colorado department of health care policy
888-and financing, the department may issue a provisional license for a period
889-of ninety days to an agency that has applied to be a certified home care
890-agency as defined in section 25-27.5-102. A provisional license shall not be
891-granted prior to the completion of a criminal history
892- record check in
893-accordance with subsection (3) of this section and a finding in accordance
894-with subsection (4) of this section. A second provisional license may be
895-issued, for a like term and fee, to effect compliance. No further provisional
896-licenses may be issued for the current year after the second issuance.
897-SECTION 44. In Colorado Revised Statutes, 25-27.6-106, amend
898-(3) and (6) as follows:
899-PAGE 24-HOUSE BILL 22-1270 25-27.6-106. License - application - inspection - issuance.
900-(3) (a) With the submission of an application for a license to operate a
901-behavioral health entity, or within ten days after a change in owner or
902-manager of a behavioral health entity, each owner and manager shall submit
903-a complete set of his or her
904- THE PERSON'S fingerprints to the Colorado
905-bureau of investigation for the purpose of conducting a fingerprint-based
906-criminal history record check. The Colorado bureau of investigation shall
907-forward the fingerprints to the federal bureau of investigation for the
908-purpose of conducting fingerprint-based criminal history record checks.
909-Each owner and each manager shall pay the bureau the costs associated with
910-the fingerprint-based criminal history record check. Upon completion of the
911-FINGERPRINT-BASED criminal history record check, the bureau shall forward
912-the results to the department. The department may acquire a name-based
913-criminal history record check for an applicant who has twice submitted to
914-a fingerprint-based criminal history record check and whose fingerprints are
915-unclassifiable. WHEN THE RESULTS OF A FINGERPRINT -BASED CRIMINAL
916-HISTORY RECORD CHECK OF A PERSON PERFORMED PURSUANT TO THIS
917-SUBSECTION
918-(3) REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION , THE
919-DEPARTMENT SHALL REQUIRE THAT PERSON TO SUBMIT TO A NAME
920--BASED
921-JUDICIAL RECORD CHECK
922-, AS DEFINED IN SECTION 22-2-119.3 (6)(d).
923-(b) The department shall use the information from the criminal
924-history record checks performed pursuant to subsection (3)(a) of this section
925-to determine whether the person applying for licensure has been convicted
926-of a felony or misdemeanor that involves conduct that the department
927-determines could pose a risk to the health, safety, or welfare of behavioral
928-health entity consumers. The department shall keep information obtained
929-in accordance with this section confidential.
930-(6) The department may issue a provisional license to operate a
931-behavioral health entity to an applicant for the purpose of operating a
932-behavioral health entity for a period of ninety days if the applicant is
933-temporarily unable to conform to all of the minimum standards required
934-pursuant to this article 27.6; except that the department shall not issue a
935-provisional license to an applicant if the operation of the behavioral health
936-entity will adversely affect the health, safety, or welfare of the consumers
937-of the behavioral health entity. As a condition of obtaining a provisional
938-license, the applicant shall show proof to the department that attempts are
939-being made to conform and comply with the applicable standards required
940-pursuant to this article 27.6. The department shall not grant a provisional
941-PAGE 25-HOUSE BILL 22-1270 license prior to the completion of a criminal background check in
942-accordance with subsection (3) of this section and a determination in
943-accordance with subsection (4) of this section. A second provisional license
944-may be issued, for a like term and fee, to effect compliance. No further
945-provisional licenses may be issued for the current year after the second
946-issuance.
947-SECTION 45. In Colorado Revised Statutes, 26-3.1-107, amend
948-(1) as follows:
949-26-3.1-107. Background check - adult protective services data
950-system check. (1) Each county department shall require each protective
951-services employee hired on or after May 29, 2012, to complete a
952-fingerprint-based criminal history record check utilizing the records of the
953-Colorado bureau of investigation and the federal bureau of investigation.
954-The employee shall pay the cost of the fingerprint-based criminal history
955-record check unless the county department chooses to pay the cost. Upon
956-completion of the
957-FINGERPRINT-BASED criminal history record check, the
958-Colorado bureau of investigation shall forward the results to the county
959-department. The county department shall require a name-based criminal
960-history JUDICIAL record check, AS DEFINED IN SECTION 22-2-119.3 (6)(d), for
961-an applicant or an employee who has twice submitted to a fingerprint-based
962-criminal history record check and whose fingerprints are unclassifiable or
963-when the results of a fingerprint-based criminal history record check of an
964-applicant performed pursuant to this section reveal a record of arrest
965-without a disposition. as defined in section 22-2-119.3 (6)(d).
966-SECTION 46. In Colorado Revised Statutes, 26-6-103.3, amend
967-(2) as follows:
968-26-6-103.3. Substitute child care providers - substitute
969-placement agency - licensing - rules. (2) The state board shall promulgate
970-rules for substitute placement agencies and substitute child care providers.
971-At a minimum, state board rules must require that the substitute child care
972-provider demonstrate that he or she
973- THE PROVIDER has the training and
974-certification for the child care license type and position in which the
975-substitute child care provider is placed. Pursuant to section 26-6-107
976-(1)(a)(I)(C), each substitute child care provider shall pay for and submit to
977-a fingerprint-based criminal history record check and a review of the
978-records and reports of child abuse or neglect maintained by the state
979-PAGE 26-HOUSE BILL 22-1270 department to determine whether the substitute child care provider has been
980-found to be responsible in a confirmed report of child abuse or neglect.
981-When the results of a fingerprint-based criminal history record check or any
982-other records check performed on a person pursuant to this subsection (2)
983-reveal a record of arrest without a disposition, the state board shall require
984-that person to submit to a name-based criminal history
985- JUDICIAL record
986-check, as defined in section 22-2-119.3 (6)(d). The substitute placement
987-agency shall not place a substitute child care provider who is convicted of
988-any of the crimes specified in section 26-6-104 (7) or section
989- 26-6-108.
990-SECTION 47. In Colorado Revised Statutes, 26-6-103.5, amend
991-(2)(f)(V) as follows:
992-26-6-103.5. Application of part - guest child care facilities -
993-public services short-term child care facilities - definition. (2) A person
994-or entity shall not operate a guest child care facility or a public services
995-short-term child care facility unless the following requirements are met:
996-(f) (V) When the results of a fingerprint-based criminal history
997-record check or any other records check performed pursuant to this
998-subsection (2)(f) reveal a record of arrest without a disposition, the guest
999-child care facility or public services short-term child care facility shall
1000-require the supervisory employee or applicant for a supervisory employee
1001-position to submit to a name-based criminal history
1002- JUDICIAL record check,
1003-as defined in section 22-2-119.3 (6)(d);
1004-SECTION 48. In Colorado Revised Statutes, 26-6-104, amend
1005-(7.5)(b) as follows:
1006-26-6-104. Licenses - out-of-state notices and consent -
1007-demonstration pilot program - definition - rules. (7.5) (b) When the
1008-results of a fingerprint-based criminal history record check performed
1009-pursuant to this subsection (7.5) reveal a record of arrest without a
1010-disposition, the state department shall require the person to submit to a
1011-name-based criminal history
1012- JUDICIAL record check, as defined in section
1013-22-2-119.3 (6)(d). The costs for the name-based criminal history JUDICIAL
1014-record check must be borne by the applicant.
1015-SECTION 49. In Colorado Revised Statutes, 26-6-106.3, amend
1016-(5)(e) and (6)(a) as follows:
1017-PAGE 27-HOUSE BILL 22-1270 26-6-106.3. Certification and annual recertification of foster
1018-care homes by county departments and licensed child placement
1019-agencies - background and reference check requirements - definitions.
1020-(5) Prior to issuing a certificate or a recertification to an applicant to
1021-operate a foster care home, a county department or a child placement
1022-agency licensed under the provisions of this part 1 shall conduct the
1023-following background checks for the applicant for a certificate, a person
1024-employed by the applicant, or a person who resides at the facility or the
1025-home:
1026-(e) When the results of a fingerprint-based criminal history record
1027-check or any other records check performed pursuant to this subsection (5)
1028-reveal a record of arrest without a disposition, the county department or
1029-child placement agency shall require the person to submit to a name-based
1030-criminal history
1031- JUDICIAL record check, as defined in section 22-2-119.3
1032-(6)(d).
1033-(6) A county department or a child placement agency licensed under
1034-the provisions of this part 1 shall not issue a certificate to operate, or a
1035-recertification to operate, a foster care home and shall revoke or suspend a
1036-certificate if the applicant for the certificate, a person employed by the
1037-applicant, or a person who resides at the facility or home:
1038-(a) Has been convicted of any of the crimes listed in subsection
1039-(5)(a) of this section as verified through a fingerprint-based criminal history
1040-record check, a name-based criminal history
1041- JUDICIAL record check, if
1042-necessary, and a check of the ICON system at the state judicial department;
1043-SECTION 50. In Colorado Revised Statutes, 26-6-107, amend
1044-(1)(a)(I.5)(C) and (1)(a.7)(I)(E) as follows:
1045-26-6-107. Investigations and inspections - local authority -
1046-reports - rules. (1) (a) (I.5) Rules promulgated by the state board pursuant
1047-to subsection (1)(a)(I) of this section must also include:
1048-(C) When the results of an investigation performed pursuant to
1049-subsection (1)(a)(I) of this section or this subsection (1)(a)(I.5) reveal a
1050-record of arrest without a disposition, a name-based criminal history
1051-JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
1052-PAGE 28-HOUSE BILL 22-1270 (a.7) (I) For all applicants applying to be a foster care home or
1053-kinship foster care home, regardless of reimbursement, the county
1054-department or child placement agency shall require each adult who is
1055-eighteen years of age or older and who resides in the home to obtain a
1056-fingerprint-based criminal history record check through the Colorado
1057-bureau of investigation and the federal bureau of investigation. The
1058-applicant must provide the county department or child placement agency
1059-with the addresses where the applicant and any adult residing in the home
1060-has lived in the preceding five years, including addresses from other states.
1061-The county department or the child placement agency shall conduct the
1062-following background checks of the applicant or an adult residing in the
1063-home:
1064-(E) When the results of a fingerprint-based criminal history record
1065-check performed pursuant to this subsection (1)(a.7)(I) reveal a record of
1066-arrest without a disposition, a name-based criminal history
1067- JUDICIAL record
1068-check, as defined in section 22-2-119.3 (6)(d).
1069-SECTION 51. In Colorado Revised Statutes, 26-6-120, amend
1070-(1.5) and (5) as follows:
1071-26-6-120. Exempt family child care home providers -
1072-fingerprint-based criminal history record check - child care assistance
1073-program money - temporary care - rules - definitions. (1.5) (a) When
1074-the results of an FCC performed pursuant to subsection (1) of this section
1075-reveal a record of arrest without a disposition, the state department shall
1076-require that person to submit to a name-based criminal history
1077- JUDICIAL
1078-record check, as defined in section 22-2-119.3 (6)(d).
1079-(b) A person who undergoes a name-based criminal history JUDICIAL
1080-record check shall pay to the state department a fee established by rule of
1081-the state board pursuant to subsection (5) of this section to offset the costs
1082-associated with performing the name-based criminal history
1083- JUDICIAL record
1084-check.
1085-(5) The state board shall promulgate rules to establish the amount
1086-of the fee to collect from a qualified provider or qualified adult who is
1087-subject to an FCC pursuant to subsection (1) of this section or a name-based
1088-criminal history
1089- JUDICIAL record check pursuant to subsection (1.5) of this
1090-section. The state department is authorized to collect the fee at the time of
1091-PAGE 29-HOUSE BILL 22-1270 the FCC or name-based criminal history JUDICIAL record check.
1092-SECTION 52. In Colorado Revised Statutes, 27-90-111, amend (4)
1093-as follows:
1094-27-90-111. Employment of personnel - screening of applicants
1095-- disqualifications from employment - contracts - rules - definitions.
1096-(4) Prior to the department's permanent employment of a person in a
1097-position that would require that person to have direct contact with a
1098-vulnerable person, the executive director or any division head of the
1099-department shall make an inquiry to the director of the Colorado bureau of
1100-investigation to ascertain whether the person has a criminal history. The
1101-person's employment is conditional upon a satisfactory state and national
1102-fingerprint-based criminal history record check. A criminal history
1103- record
1104-check conducted pursuant to this subsection (4) must include but need not
1105-be limited to arrests, conviction records, and the disposition of any criminal
1106-charges. The department shall require the person to have his or her
1107- THE
1108-PERSON
1109-'S fingerprints taken by a local law enforcement agency or any third
1110-party approved by the Colorado bureau of investigation. If an approved
1111-third party takes the person's fingerprints, the fingerprints may be
1112-electronically captured using Colorado bureau of investigation-approved
1113-livescan equipment. Third-party vendors shall not keep the applicant
1114-information for more than thirty days unless requested to do so by the
1115-applicant. The department shall forward those fingerprints to the Colorado
1116-bureau of investigation for the purpose of fingerprint processing utilizing
1117-the files and records of the Colorado bureau of investigation and the federal
1118-bureau of investigation. When the results of a fingerprint-based criminal
1119-history record check of a person performed pursuant to this section reveal
1120-a record of arrest without a disposition, the department shall require that
1121-person to submit to a name-based criminal history
1122- JUDICIAL record check,
1123-as defined in section 22-2-119.3 (6)(d). The department shall pay for the
1124-costs of criminal history
1125- record checks conducted pursuant to this section
1126-out of existing appropriations.
1127-SECTION 53. In Colorado Revised Statutes, 35-61-104, amend
1128-(1)(c) as follows:
1129-35-61-104. Registration - cultivation of industrial hemp -
1130-research and development growth - hemp management plan - rules.
1131-(1) (c) With the submission of an application for registration, each key
1132-PAGE 30-HOUSE BILL 22-1270 participant shall submit a complete set of fingerprints to the Colorado
1133-bureau of investigation or the department for the purpose of conducting
1134-fingerprint-based criminal history record checks. If received by the
1135-department, the department shall submit the fingerprints to the Colorado
1136-bureau of investigation for the purpose of conducting fingerprint-based
1137-criminal history record checks. The Colorado bureau of investigation shall
1138-forward the fingerprints to the federal bureau of investigation for the
1139-purpose of conducting a fingerprint-based criminal history record check.
1140-Upon completion of the
1141-FINGERPRINT-BASED criminal history record check,
1142-the bureau shall forward the results to the commissioner. The department
1143-may acquire WHEN THE RESULTS OF A FINGERPRINT -BASED CRIMINAL
1144-HISTORY RECORD CHECK REVEAL A RECORD OF ARREST WITHOUT A
1145-DISPOSITION
1146-, THE DEPARTMENT SHALL REQUIRE A KEY PARTICIPANT TO
1147-SUBMIT
1148- a name-based criminal history
1149- JUDICIAL record check, AS DEFINED
1150-IN SECTION
1151-22-2-119.3 (6)(d). for a key participant who has twice submittedto a fingerprint-based criminal history record check and whose fingerprints
1152-are unclassifiable. The commissioner shall use the information resulting
1153-from the fingerprint-based criminal history record check to investigate and
1154-determine whether a key participant is qualified to be registered. The key
1155-participant shall pay the costs associated with the fingerprint-based criminal
1156-history record check.
1157-SECTION 54. In Colorado Revised Statutes, 40-10.1-110, amend
1158-(1.5), (3) introductory portion, (3)(c) introductory portion, (4), and (7) as
1159-follows:
1160-40-10.1-110. Record check - rules. (1.5) When the results of a
1161-fingerprint-based criminal history record check of an individual performed
1162-pursuant to this section reveal a record of arrest without a disposition, the
1163-commission shall require the individual to submit to a name-based criminal
1164-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d). The
1165-individual shall pay the costs associated with a name-based criminal history
1166-JUDICIAL record check.
1167-(3) An individual whose criminal history record is checked pursuant
1168-to this section is disqualified and prohibited from driving motor vehicles for
1169-the motor carrier described in subsection (1) of this section if the criminal
1170-history record check reflects that:
1171-(c) Within the two years immediately preceding the date the criminal
1172-PAGE 31-HOUSE BILL 22-1270 history record check is completed, the individual was:
1173-(4) The commission shall consider the information resulting from
1174-the criminal history record check in its determination as to whether the
1175-individual has met the standards set forth in section 24-5-101 (2). C.R.S.
1176-(7) The commission shall, consistent with the requirements of this
1177-section, promulgate rules concerning the employment of, contracting with,
1178-and retention of an individual whose criminal history
1179- record is checked
1180-pursuant to this section, and the frequency and circumstances requiring
1181-resubmission of fingerprints.
1182-SECTION 55. In Colorado Revised Statutes, 42-1-224, amend (2)
1183-as follows:
1184-42-1-224. Record check. (2) When the results of a
1185-fingerprint-based criminal history record check of a person performed
1186-pursuant to this section reveal a record of arrest without a disposition, the
1187-department shall require the person to submit to a name-based criminal
1188-history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d). The
1189-department shall pay the costs associated with a name-based criminal
1190-history JUDICIAL record check.
1191-SECTION 56. In Colorado Revised Statutes, 44-3-307, amend
1192-(3)(c) introductory portion as follows:
1193-44-3-307. Persons prohibited as licensees - definition. (3) (c) At
1194-the time of the application for a license, the applicant shall submit
1195-fingerprints and file personal history information concerning the applicant's
1196-qualifications for a license on forms prepared by the state licensing
1197-authority. The state and local licensing authorities shall submit such
1198- THE
1199-fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. An applicant who has previously submitted
1200-fingerprints for alcohol beverage licensing purposes may request that the
1201-fingerprints on file be used. When the results of a fingerprint-based criminal
1202-history record check of an applicant performed pursuant to this section
1203-reveal a record of arrest without a disposition, the licensing authority shall
1204-PAGE 32-HOUSE BILL 22-1270 require the applicant to submit to a name-based criminal history JUDICIAL
1205-record check, as defined in section 22-2-119.3 (6)(d). The licensing
1206-authorities shall use the information resulting from the fingerprint-based
1207-CRIMINAL HISTORY RECORD CHECK and, if applicable, name-based criminalhistory JUDICIAL record check to investigate and to determine if an applicant
1208-is qualified for a license pursuant to this article 3 and article 4 of this title
1209-44. The licensing authority is not prohibited from verifying
1210- MAY VERIFY any
1211-of the information required to be submitted by an applicant pursuant to this
1212-section. An applicant shall not be required to submit additional information
1213-beyond that required in this subsection (3) unless the licensing authority has
1214-determined any of the following:
1215-SECTION 57. In Colorado Revised Statutes, 44-10-307, amend
1216-(4)(c) as follows:
1217-44-10-307. Persons prohibited as licensees - definition. (4) (c) At
1218-the time of filing an application for issuance or renewal of a state medical
1219-marijuana business license or retail marijuana business license, an applicant
1220-shall submit a set of his or her fingerprints and file personal history
1221-information concerning the applicant's qualifications for a state license on
1222-forms prepared by the state licensing authority. The state or local licensing
1223-authority or local jurisdiction shall submit the fingerprints to the Colorado
1224-bureau of investigation for the purpose of conducting fingerprint-based
1225-criminal history record checks. The Colorado bureau of investigation shall
1226-forward the fingerprints to the federal bureau of investigation for the
1227-purpose of conducting fingerprint-based criminal history record checks. The
1228-WHEN THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
1229-CHECK REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION
1230-, THE state or
1231-local licensing authority or local jurisdiction may acquire
1232- SHALL REQUIRE
1233-AN APPLICANT OR A LICENSE HOLDER TO SUBMIT
1234-a name-based criminalhistory JUDICIAL record check, AS DEFINED IN SECTION 22-2-119.3 (6)(d). for
1235-an applicant or a license holder who has twice submitted to a
1236-fingerprint-based criminal history record check and whose fingerprints are
1237-unclassifiable. An applicant who has previously submitted fingerprints for
1238-state or local licensing purposes may request that the fingerprints on file be
1239-used. The state or local licensing authority or local jurisdiction shall use the
1240-information resulting from the fingerprint-based criminal history record
1241-check to investigate and determine whether an applicant is qualified to hold
1242-a state or local license pursuant to this article 10. The state or local licensing
1243-authority or local jurisdiction may verify any of the information an applicant
1244-PAGE 33-HOUSE BILL 22-1270 is required to submit.
1245-SECTION 58. In Colorado Revised Statutes, 44-20-118, amend
1246-(8)(a.5) as follows:
1247-44-20-118. Application - prelicensing education -
1248-fingerprint-based criminal history record check - rules. (8) (a.5) When
1249-the results of a fingerprint-based criminal history record check of an
1250-applicant performed pursuant to this subsection (8) reveal a record of arrest
1251-without a disposition, the department shall require that applicant to submit
1252-to a name-based criminal history
1253- JUDICIAL record check, as defined in
1254-section 22-2-119.3 (6)(d).
1255-SECTION 59. In Colorado Revised Statutes, 44-20-417, amend
1256-(8)(a.5) as follows:
1257-44-20-417. Application - fingerprint-based criminal history
1258-record check - rules. (8) (a.5) When the results of a fingerprint-based
1259-criminal history record check of an applicant performed pursuant to this
1260-subsection (8) reveal a record of arrest without a disposition, the department
1261-shall require that applicant to submit to a name-based criminal history
1262-JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
1263-SECTION 60. In Colorado Revised Statutes, 44-30-510, amend
1264-(3)(b) as follows:
1265-44-30-510. Applicants and licensees - providing information -
1266-criminal history record check. (3) (b) When the results of a
1267-fingerprint-based criminal history record check of an applicant performed
1268-pursuant to this subsection (3) reveal a record of arrest without a
1269-disposition, the commission shall require that applicant to submit to a
1270-name-based criminal history
1271- JUDICIAL record check, as defined in section
1272-22-2-119.3 (6)(d).
1273-SECTION 61. In Colorado Revised Statutes, 44-30-1606, amend
1274-(3)(b) and (4) as follows:
1275-44-30-1606. Licensing - rules. (3) (b) The director is governed by
1276-section 24-5-101 in considering the conviction or plea of nolo contendere
1277-to a felony for any individual subject to a criminal history
1278- record check
1279-PAGE 34-HOUSE BILL 22-1270 pursuant to subsection (4) of this section.
1280-(4) With the submission of an application for a license granted
1281-pursuant to this section, each applicant and its officers, directors, and
1282-general partners shall submit a complete set of his or her
1283- THE PERSON'S
1284-fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. A person who has previously submitted fingerprints
1285-for state or local licensing purposes may request the use of the fingerprints
1286-on file. The director shall require a name-based criminal history JUDICIAL
1287-record check, as defined in section 22-2-119.3 (6)(d), for a person who has twice submitted to a fingerprint-based criminal history record check and
1288-whose fingerprints are unclassifiable or when the results of a
1289-fingerprint-based criminal history record check of a person performed
1290-pursuant to this subsection (4) reveal a record of arrest without a
1291-disposition. The director shall use the information resulting from the
1292-fingerprint-based
1293-CRIMINAL HISTORY RECORD CHECK or name-based
1294-criminal history JUDICIAL record check to investigate and determine whether
1295-an applicant is qualified to hold a license pursuant to this section. The
1296-director may verify the information an applicant is required to submit. The
1297-applicant shall pay the costs associated with the fingerprint-based criminal
1298-history record check to the Colorado bureau of investigation. The applicant
1299-is responsible for the costs associated with a name-based criminal history
1300-JUDICIAL record check.
1301-SECTION 62. In Colorado Revised Statutes, 44-32-503, amend
1302-(4)(b) as follows:
1303-44-32-503. Rules of commission - licensing - record check.
1304-(4) (b) When the results of a fingerprint-based criminal history record
1305-check of an applicant performed pursuant to this subsection (4) reveal a
1306-record of arrest without a disposition, the commission shall require that
1307-applicant to submit to a name-based criminal history
1308- JUDICIAL record check,
1309-as defined in section 22-2-119.3 (6)(d).
1310-SECTION 63. In Colorado Revised Statutes, 44-40-106, amend
1311-(10)(a.5) as follows:
1312-PAGE 35-HOUSE BILL 22-1270 44-40-106. Contractors supplying services, equipment, or
1313-materials - gaming equipment - disclosures - record check - definitions.
1314-(10) (a.5) When the results of a fingerprint-based criminal history record
1315-check of a supplier performed pursuant to this subsection (10) reveal a
1316-record of arrest without a disposition, the division shall require the supplier
1317-to submit to a name-based criminal history
1318- JUDICIAL record check, as
1319-defined in section 22-2-119.3 (6)(d).
1320-SECTION 64. In Colorado Revised Statutes, 44-40-107, amend
1321-(11)(a.5) as follows:
1322-44-40-107. Licenses. (11) (a.5) When the results of a
1323-fingerprint-based criminal history record check of an applicant performed
1324-pursuant to this subsection (11) reveal a record of arrest without a
1325-disposition, the division shall require the applicant to submit to a
1326-name-based criminal history
1327- JUDICIAL record check, as defined in section
1328-22-2-119.3 (6)(d).
1329-SECTION 65. Safety clause. The general assembly hereby finds,
1330-PAGE 36-HOUSE BILL 22-1270 determines, and declares that this act is necessary for the immediate
1331-preservation of the public peace, health, or safety.
1332-____________________________ ____________________________
1333-Alec Garnett Steve Fenberg
1334-SPEAKER OF THE HOUSE PRESIDENT OF
1335-OF REPRESENTATIVES THE SENATE
1336-____________________________ ____________________________
1337-Robin Jones Cindi L. Markwell
1338-CHIEF CLERK OF THE HOUSE SECRETARY OF
1339-OF REPRESENTATIVES THE SENATE
1340- APPROVED________________________________________
1341- (Date and Time)
1342- _________________________________________
1343- Jared S. Polis
1344- GOVERNOR OF THE STATE OF COLORADO
1345-PAGE 37-HOUSE BILL 22-1270
1230+CRIMINAL HISTORY RECORD CHECK and, if14
1231+applicable, name-based criminal history
1232+ JUDICIAL record check to15
1233+investigate and to determine if an applicant is qualified for a license16
1234+pursuant to this article 3 and article 4 of this title 44. The licensing17
1235+authority is not prohibited from verifying MAY VERIFY any of the18
1236+information required to be submitted by an applicant pursuant to this19
1237+section. An applicant shall not be required to submit additional20
1238+information beyond that required in this subsection (3) unless the21
1239+licensing authority has determined any of the following:22
1240+SECTION 57. In Colorado Revised Statutes, 44-10-307, amend23
1241+(4)(c) as follows:24
1242+44-10-307. Persons prohibited as licensees - definition.25
1243+(4) (c) At the time of filing an application for issuance or renewal of a26
1244+state medical marijuana business license or retail marijuana business27
1245+1270
1246+-43- license, an applicant shall submit a set of his or her fingerprints and file1
1247+personal history information concerning the applicant's qualifications for2
1248+a state license on forms prepared by the state licensing authority. The3
1249+state or local licensing authority or local jurisdiction shall submit the4
1250+fingerprints to the Colorado bureau of investigation for the purpose of5
1251+conducting fingerprint-based criminal history record checks. The6
1252+Colorado bureau of investigation shall forward the fingerprints to the7
1253+federal bureau of investigation for the purpose of conducting8
1254+fingerprint-based criminal history record checks. The WHEN THE RESULTS9
1255+OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK REVEAL A10
1256+RECORD OF ARREST WITHOUT A DISPOSITION , THE state or local licensing11
1257+authority or local jurisdiction may acquire SHALL REQUIRE AN APPLICANT12
1258+OR A LICENSE HOLDER TO SUBMIT a name-based criminal history JUDICIAL13
1259+record check,
1260+AS DEFINED IN SECTION 22-2-119.3 (6)(d). for an applicant
1261+14
1262+or a license holder who has twice submitted to a fingerprint-based15
1263+criminal history record check and whose fingerprints are unclassifiable.16
1264+An applicant who has previously submitted fingerprints for state or local17
1265+licensing purposes may request that the fingerprints on file be used. The18
1266+state or local licensing authority or local jurisdiction shall use the19
1267+information resulting from the fingerprint-based criminal history record20
1268+check to investigate and determine whether an applicant is qualified to21
1269+hold a state or local license pursuant to this article 10. The state or local22
1270+licensing authority or local jurisdiction may verify any of the information23
1271+an applicant is required to submit.24
1272+SECTION 58. In Colorado Revised Statutes, 44-20-118, amend25
1273+(8)(a.5) as follows:26
1274+44-20-118. Application - prelicensing education -27
1275+1270
1276+-44- fingerprint-based criminal history record check - rules.1
1277+(8) (a.5) When the results of a fingerprint-based criminal history record2
1278+check of an applicant performed pursuant to this subsection (8) reveal a3
1279+record of arrest without a disposition, the department shall require that4
1280+applicant to submit to a name-based criminal history JUDICIAL record5
1281+check, as defined in section 22-2-119.3 (6)(d).6
1282+SECTION 59. In Colorado Revised Statutes, 44-20-417, amend7
1283+(8)(a.5) as follows:8
1284+44-20-417. Application - fingerprint-based criminal history9
1285+record check - rules. (8) (a.5) When the results of a fingerprint-based10
1286+criminal history record check of an applicant performed pursuant to this11
1287+subsection (8) reveal a record of arrest without a disposition, the12
1288+department shall require that applicant to submit to a name-based criminal13
1289+history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).14
1290+SECTION 60. In Colorado Revised Statutes, 44-30-510, amend15
1291+(3)(b) as follows:16
1292+44-30-510. Applicants and licensees - providing information17
1293+- criminal history record check. (3) (b) When the results of a18
1294+fingerprint-based criminal history record check of an applicant performed19
1295+pursuant to this subsection (3) reveal a record of arrest without a20
1296+disposition, the commission shall require that applicant to submit to a21
1297+name-based criminal history JUDICIAL record check, as defined in section22
1298+22-2-119.3 (6)(d).23
1299+SECTION 61. In Colorado Revised Statutes, 44-30-1606, amend24
1300+(3)(b) and (4) as follows:25
1301+44-30-1606. Licensing - rules. (3) (b) The director is governed26
1302+by section 24-5-101 in considering the conviction or plea of nolo27
1303+1270
1304+-45- contendere to a felony for any individual subject to a criminal history1
1305+record check pursuant to subsection (4) of this section.2
1306+(4) With the submission of an application for a license granted3
1307+pursuant to this section, each applicant and its officers, directors, and4
1308+general partners shall submit a complete set of his or her THE PERSON'S5
1309+fingerprints to the Colorado bureau of investigation for the purpose of6
1310+conducting fingerprint-based criminal history record checks. The7
1311+Colorado bureau of investigation shall forward the fingerprints to the8
1312+federal bureau of investigation for the purpose of conducting9
1313+fingerprint-based criminal history record checks. A person who has10
1314+previously submitted fingerprints for state or local licensing purposes may11
1315+request the use of the fingerprints on file. The director shall require a12
1316+name-based criminal history JUDICIAL record check, as defined in section13
1317+22-2-119.3 (6)(d), for a person who has twice submitted to a14
1318+fingerprint-based criminal history record check and whose fingerprints15
1319+are unclassifiable or when the results of a fingerprint-based criminal16
1320+history record check of a person performed pursuant to this subsection (4)17
1321+reveal a record of arrest without a disposition. The director shall use the18
1322+information resulting from the fingerprint-based
1323+CRIMINAL HISTORY19
1324+RECORD CHECK or name-based criminal history
1325+ JUDICIAL record check to20
1326+investigate and determine whether an applicant is qualified to hold a21
1327+license pursuant to this section. The director may verify the information22
1328+an applicant is required to submit. The applicant shall pay the costs23
1329+associated with the fingerprint-based criminal history record check to the24
1330+Colorado bureau of investigation. The applicant is responsible for the25
1331+costs associated with a name-based criminal history JUDICIAL record26
1332+check.27
1333+1270
1334+-46- SECTION 62. In Colorado Revised Statutes, 44-32-503, amend1
1335+(4)(b) as follows:2
1336+44-32-503. Rules of commission - licensing - record check.3
1337+(4) (b) When the results of a fingerprint-based criminal history record4
1338+check of an applicant performed pursuant to this subsection (4) reveal a5
1339+record of arrest without a disposition, the commission shall require that6
1340+applicant to submit to a name-based criminal history JUDICIAL record7
1341+check, as defined in section 22-2-119.3 (6)(d).8
1342+SECTION 63. In Colorado Revised Statutes, 44-40-106, amend9
1343+(10)(a.5) as follows:10
1344+44-40-106. Contractors supplying services, equipment, or11
1345+materials - gaming equipment - disclosures - record check -12
1346+definitions. (10) (a.5) When the results of a fingerprint-based criminal13
1347+history record check of a supplier performed pursuant to this subsection14
1348+(10) reveal a record of arrest without a disposition, the division shall15
1349+require the supplier to submit to a name-based criminal history JUDICIAL16
1350+record check, as defined in section 22-2-119.3 (6)(d).17
1351+SECTION 64. In Colorado Revised Statutes, 44-40-107, amend18
1352+(11)(a.5) as follows:19
1353+44-40-107. Licenses. (11) (a.5) When the results of a20
1354+fingerprint-based criminal history record check of an applicant performed21
1355+pursuant to this subsection (11) reveal a record of arrest without a22
1356+disposition, the division shall require the applicant to submit to a23
1357+name-based criminal history JUDICIAL record check, as defined in section24
1358+22-2-119.3 (6)(d).25
1359+SECTION 65. Safety clause. The general assembly hereby finds,26
1360+1270
1361+-47- determines, and declares that this act is necessary for the immediate1
1362+preservation of the public peace, health, or safety.2
1363+1270
1364+-48-