Colorado House Bill HB1270 Latest Draft

                            HOUSE BILL 22-1270
BY REPRESENTATIVE(S) Woodrow, Catlin, Esgar, Gray, Herod, Jodeh,
Mullica, Pico, Ricks, Snyder;
also SENATOR(S) Priola, Moreno.
C
ONCERNING MEASURES RELATED TO CHANGING "NAME-BASED CRIMINAL
HISTORY RECORD CHECK
" TO "NAME-BASED JUDICIAL RECORD
CHECK
" IN THE COLORADO REVISED STATUTES.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-2-119.3, amend
(2)(b)(III), (3), (4)(a), (6) introductory portion, and (6)(d) as follows:
22-2-119.3.  Department of education - educator preparation
program students - record check - fee - definitions. (2)  On a form
provided by the department, the student shall:
(b)  Furnish the following information to the department:
(III)  Any other information required by the department to release the
results of a criminal history
 record check pursuant to this section.
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (3)  When the results of a fingerprint-based criminal history record
check of a student performed pursuant to this section reveals REVEAL a
record of arrest without a disposition, the department shall perform a
name-based criminal history
 JUDICIAL record check of that student.
(4) (a)  Within seven days of AFTER receiving the results of a
criminal history record check conducted pursuant to this section, the
department shall provide the results of such criminal history THE record
check, to the extent permitted by state or federal law or regulation, to the
educator preparation program in which the student is enrolled and to any
school district or charter school that has made an inquiry to the department
concerning the results of a criminal history
 record check of a student who
has been placed in the school district or charter school for field experiences.
(6)  For purposes of AS USED IN this section, unless the context
otherwise requires:
(d)  "Name-based criminal history JUDICIAL record check" means a
background check performed using judicial department records that
includes an individual's conviction and final disposition of case records.
SECTION 2. In Colorado Revised Statutes, amend 5-19-206.5 as
follows:
5-19-206.5.  Name-based judicial record check. When the results
of a fingerprint-based criminal history record check of an officer of the
applicant or employee or agent of the applicant performed pursuant to
section 5-19-206 (12) reveal a record of arrest without a disposition, the
administrator shall require that person to submit to a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
SECTION 3. In Colorado Revised Statutes, 10-3-112, amend
(1)(b)(II) as follows:
10-3-112.  Directors - terms - election - conflicts of interest -
recovery of profits. (1) (b) (II)  When the results of a fingerprint-based
criminal history record check of a person performed pursuant to this
subsection (1)(b) reveal a record of arrest without a disposition, the
commissioner shall require that person to submit to a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
PAGE 2-HOUSE BILL 22-1270 SECTION 4. In Colorado Revised Statutes, 10-3-803, amend
(3)(b) as follows:
10-3-803.  Acquisition of control of or merger with domestic
insurer - definitions. (3) (b)  When the results of a fingerprint-based
criminal history record check of a person performed pursuant to this
subsection (3) reveal a record of arrest without a disposition, the
commissioner shall require that person to submit to a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
SECTION 5. In Colorado Revised Statutes, 10-3-903.5, amend
(7)(d)(I)(D) as follows:
10-3-903.5.  Jurisdiction over providers of health-care benefits
- rules. (7) (d) (I)  A multiple employer welfare arrangement that meets the
requirements specified in subsection (7)(c) of this section other than
subsection (7)(c)(I) of this section may file an application for a waiver with
the commissioner. A multiple employer welfare arrangement that meets the
requirements specified in subsection (7)(c) of this section other than those
specified in subsections (7)(c)(I) and (7)(c)(V)(B) of this section may also
file an application for a waiver with the commissioner. The application
must include:
(D)  Criminal
 Background records. Each individual specified in
subsection (7)(d)(I)(C) of this section shall submit a set of fingerprints to
the commissioner. The commissioner shall forward the fingerprints to the
Colorado bureau of investigation for the purpose of conducting a state and
national fingerprint-based criminal history record check utilizing records of
the Colorado bureau of investigation and the federal bureau of
investigation. The multiple employer welfare arrangement shall bear only
the actual costs of the record check. When the results of a fingerprint-based
criminal history record check of an individual performed pursuant to this
subsection (7)(d)(I)(D) reveal a record of arrest without a disposition, the
commissioner shall require that individual to submit to a name-based
criminal history
 JUDICIAL record check, as defined in section 22-2-119.3
(6)(d).
SECTION 6. In Colorado Revised Statutes, 10-15-103, amend
(1)(b)(I.5) as follows:
PAGE 3-HOUSE BILL 22-1270 10-15-103.  License procedure - records - examination of records
- definition. (1) (b) (I.5)  When the results of a fingerprint-based criminal
history record check of an applicant performed pursuant to this subsection
(1)(b) reveal a record of arrest without a disposition, the commissioner shall
require that applicant to submit to a name-based criminal history
 JUDICIAL
record check, as defined in section 22-2-119.3 (6)(d).
SECTION 7. In Colorado Revised Statutes, 10-23-103, amend
(2)(b) as follows:
10-23-103.  Registration requirements - application -
qualification bond - forfeiture. (2) (b)  When the results of a
fingerprint-based criminal history record check of an applicant performed
pursuant to this subsection (2) reveal a record of arrest without a
disposition, the division shall require that applicant to submit to a
name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d).
SECTION 8. In Colorado Revised Statutes, amend 11-110-107.5
as follows:
11-110-107.5.  Name-based judicial record check. When the
results of a fingerprint-based criminal history record check of an applicant
performed pursuant to section 11-110-107 (1)(e) reveal a record of arrest
without a disposition, the banking board shall require that applicant to
submit to a name-based criminal history
 JUDICIAL record check, as defined
in section 22-2-119.3 (6)(d). The applicant shall pay the actual costs of the
name-based criminal history
 JUDICIAL record check.
SECTION 9. In Colorado Revised Statutes, 12-10-203, amend
(1)(b)(I) as follows:
12-10-203.  Application for license - rules - definition.
(1) (b) (I)  Prior to submitting an application for a license pursuant to
subsection (1)(a) of this section, each applicant shall submit a set of
fingerprints to the Colorado bureau of investigation for the purpose of
conducting a state and national fingerprint-based criminal history record
check utilizing records of the Colorado bureau of investigation and the
federal bureau of investigation. The applicant shall pay the fee established
by the Colorado bureau of investigation for conducting the
PAGE 4-HOUSE BILL 22-1270 fingerprint-based criminal history record check to the bureau. Upon
completion of the 
FINGERPRINT-BASED criminal history record check, the
bureau shall forward the results to the commission. The commission shall
acquire a name-based criminal history
 JUDICIAL record check, as defined in
section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a
fingerprint-based criminal history record check and whose fingerprints are
unclassifiable or when the results of a fingerprint-based criminal history
record check of an applicant performed pursuant to this subsection (1)(b)(I)
reveal a record of arrest without a disposition. The applicant shall pay the
costs associated with a name-based criminal history JUDICIAL record check.
SECTION 10. In Colorado Revised Statutes, 12-10-606, amend (6)
as follows:
12-10-606.  Qualifications for licensing and certification of
appraisers - continuing education - rules - definitions. (6) (a)  The board
shall not issue a license or certification until the applicant demonstrates that
he or she
 THE APPLICANT meets the fitness standards established by board
rule and submits a set of fingerprints to the Colorado bureau of
investigation for the purpose of conducting a state and national
fingerprint-based criminal history record check utilizing records of the
Colorado bureau of investigation and the federal bureau of investigation.
Each person submitting a set of fingerprints shall pay the fee established by
the Colorado bureau of investigation for conducting the fingerprint-based
criminal history record check to the bureau. Upon completion of the
FINGERPRINT-BASED criminal history record check, the bureau shall forward
the results to the board. The board shall require a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for
an applicant who has twice submitted to a fingerprint-based criminal history
record check and whose fingerprints are unclassifiable or when the results
of a fingerprint-based criminal history record check of an applicant
performed pursuant to this subsection (6) reveal a record of arrest without
a disposition. The applicant shall pay the costs associated with a
name-based criminal history
 JUDICIAL record check. The board may deny
an application for licensure or certification based on the outcome of the
criminal history
 record check and may establish criminal history
requirements more stringent than those established by any applicable federal
law. At a minimum, the board shall adopt the criminal history requirements
established by any applicable federal law.
PAGE 5-HOUSE BILL 22-1270 (b)  An applicant for certification as a licensed ad valorem appraiser
is not subject to the fingerprinting and criminal background check
requirements of subsection (6)(a) of this section.
SECTION 11. In Colorado Revised Statutes, 12-10-607, amend (3)
as follows:
12-10-607.  Appraisal management companies - application for
license - exemptions. (3)  The board shall not issue a license to any
partnership, limited liability company, or corporation unless and until the
appraiser designated by the partnership, limited liability company, or
corporation as controlling appraiser and each individual who owns more
than ten percent of the entity demonstrates that he or she
 THE PERSON meets
the fitness standards established by board rule and submits a set of
fingerprints to the Colorado bureau of investigation for the purpose of
conducting a state and national fingerprint-based criminal history record
check utilizing records of the Colorado bureau of investigation and the
federal bureau of investigation. Each person submitting a set of fingerprints
shall pay the fee established by the Colorado bureau of investigation for
conducting the fingerprint-based criminal history record check to the
bureau. Upon completion of the 
FINGERPRINT-BASED criminal history record
check, the bureau shall forward the results to the board. The board shall
require a name-based criminal history
 JUDICIAL record check, as defined in
section 22-2-119.3 (6)(d), for an applicant who has twice submitted to a
fingerprint-based criminal history record check and whose fingerprints are
unclassifiable or when the results of a fingerprint-based criminal history
record check of an applicant performed pursuant to this subsection (3)
reveal a record of arrest without a disposition. The applicant shall pay the
costs associated with a name-based criminal history JUDICIAL record check.
The board may deny an application for licensure or refuse to renew a license
based on the outcome of the criminal history
 record check. The board may
require criminal history requirements more stringent than those established
by any applicable federal law. At a minimum, the board shall adopt the
criminal history requirements established by any applicable federal law.
SECTION 12. In Colorado Revised Statutes, 12-10-610, amend (4)
as follows:
12-10-610.  Expiration of licenses - renewal - penalties - fees -
rules. (4)  At the time of renewal or reinstatement, every licensee,
PAGE 6-HOUSE BILL 22-1270 certificate holder, and person or individual who owns more than ten percent
of an appraisal management company shall submit a set of fingerprints to
the Colorado bureau of investigation for the purpose of conducting a state
and national fingerprint-based criminal history record check utilizing
records of the Colorado bureau of investigation and the federal bureau of
investigation, if the person has not previously done so for issuance of a
license or certification by the board. Each person submitting a set of
fingerprints shall pay the fee established by the Colorado bureau of
investigation for conducting the fingerprint-based criminal history record
check to the bureau. The bureau shall forward the results to the board. The
board shall require a name-based criminal history
 JUDICIAL record check,
as defined in section 22-2-119.3 (6)(d), for an applicant who has twice
submitted to a fingerprint-based criminal history record check and whose
fingerprints are unclassifiable or when the results of a fingerprint-based
criminal history record check of an applicant performed pursuant to this
section reveal a record of arrest without a disposition. The applicant shall
pay the costs associated with a name-based criminal history JUDICIAL record
check. The board may refuse to renew or reinstate a license or certification
based on the outcome of the criminal history
 record check.
SECTION 13. In Colorado Revised Statutes, 12-10-704, amend
(6)(a) and (7)(c) as follows:
12-10-704.  License required - rules. (6) (a)  Prior to submitting an
application for a license, an applicant shall submit a set of fingerprints to
the Colorado bureau of investigation. Upon receipt of the applicant's
fingerprints, the Colorado bureau of investigation shall use the fingerprints
to conduct a state and national criminal history record check using records
of the Colorado bureau of investigation and the federal bureau of
investigation. All costs arising from the 
FINGERPRINT-BASED criminal
history record check must be borne by the applicant and must be paid when
the set of fingerprints is submitted. Upon completion of the
FINGERPRINT-BASED criminal history record check, the bureau shall forward
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
an applicant who has twice submitted to a fingerprint-based criminal history
record check and whose fingerprints are unclassifiable or when the results
of a fingerprint-based criminal history record check of an applicant
performed pursuant to this subsection (6) reveal a record of arrest without
a disposition. The applicant shall pay the costs associated with a
PAGE 7-HOUSE BILL 22-1270 name-based criminal history JUDICIAL record check.
(7) (c)  The board shall acquire a name-based criminal history
JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for an
applicant who has twice submitted to a fingerprint-based criminal history
record check and whose fingerprints are unclassifiable or when the results
of a fingerprint-based criminal history record check of an applicant
performed pursuant to this subsection (7) reveal a record of arrest without
a disposition. The applicant shall pay the costs associated with a
name-based criminal history
 JUDICIAL record check.
SECTION 14. In Colorado Revised Statutes, 12-235-108, amend
(2.5) as follows:
12-235-108.  License - denial of license application. (2.5)  When
the results of a fingerprint-based criminal history record check of an
applicant performed pursuant to this section reveal a record of arrest
without a disposition, the director shall require that applicant to submit to
a name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d).
SECTION 15. In Colorado Revised Statutes, 12-245-304, amend
(1)(f) as follows:
12-245-304.  Qualifications - examinations - licensure and
registration. (1)  The board shall issue a license as a psychologist to each
applicant who files an application in a form and manner required by the
board, submits the fee required by the board pursuant to section
12-245-205, and furnishes evidence satisfactory to the board that the
applicant:
(f)  On and after July 14, 2020, upon the initial application for
licensure, has completed a name-based criminal history
 JUDICIAL record
check, as defined in section 22-2-119.3 (6)(d), with satisfactory results as
determined by the board.
SECTION 16. In Colorado Revised Statutes, 12-280-304, amend
(2) as follows:
12-280-304.  Record check. (2)  When the results of a
PAGE 8-HOUSE BILL 22-1270 fingerprint-based criminal history record check of a designated
representative performed pursuant to this section reveal a record of arrest
without a disposition, the board shall require that designated representative
to submit to a name-based criminal history
 JUDICIAL record check, as
defined in section 22-2-119.3 (6)(d). The designated representative shall
pay the actual costs of the name-based criminal history
 JUDICIAL record
check.
SECTION 17. In Colorado Revised Statutes, 12-310-107, amend
(2) as follows:
12-310-107.  Record check required. (2)  When the results of a
fingerprint-based criminal history record check of an applicant performed
pursuant to this section reveal a record of arrest without a disposition, the
director shall require that applicant to submit to a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d). The
applicant shall pay the actual costs of the name-based criminal history
JUDICIAL record check.
SECTION 18. In Colorado Revised Statutes, 13-93-101, amend (3)
as follows:
13-93-101.  License to practice necessary. (3)  Upon request of the
supreme court or a representative of its office of attorney regulation
counsel, the Colorado bureau of investigation
 APPLICANT shall also provide
a name-based criminal history JUDICIAL record check, as defined in section
22-2-119.3 (6)(d), for any IF THE applicant whose fingerprints are
unclassifiable or when the results of a fingerprint-based criminal history
record check of an applicant performed pursuant to this section reveal HAS
a record of arrest without a disposition.
SECTION 19. In Colorado Revised Statutes, 14-10-116.5, amend
(4)(b) as follows:
14-10-116.5.  Appointment in domestic relations cases - child and
family investigator - disclosure - background check. (4) (b)  For any
person whose fingerprints are unclassifiable or when WHEN the results of
a fingerprint-based criminal history record check of a person performed
pursuant to this section reveal a record of arrest without a disposition, the
department shall require that applicant to submit to a name-based criminal
PAGE 9-HOUSE BILL 22-1270 history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
Upon request of the department pursuant to this section, the Colorado
bureau of investigation APPLICANT shall also provide a name-based criminal
history JUDICIAL record check. for any person.
SECTION 20. In Colorado Revised Statutes, 15-14-110, amend
(5)(b) as follows:
15-14-110.  Letters of office. (5) (b)  When the results of a
fingerprint-based criminal history record check of an applicant performed
pursuant to this subsection (5) reveal a record of arrest without a
disposition, the court shall require that nominee to submit to a name-based
criminal history
 JUDICIAL record check, as defined in section 22-2-119.3
(6)(d). The applicant is responsible for the cost of the name-based criminal
history JUDICIAL record check.
SECTION 21. In Colorado Revised Statutes, 19-2.5-1521, amend
(4) as follows:
19-2.5-1521.  Juvenile facility - contract for operation. (4)  The
contractor shall require applicants for employment at the facility to submit
a set of fingerprints to the Colorado bureau of investigation for a
fingerprint-based criminal history record check, and the Colorado bureau
of investigation may accept such
 THE fingerprints. For the purpose of
conducting a fingerprint-based criminal history record check, to the extent
authorized by federal law, the Colorado bureau of investigation may
exchange with the department of human services any state, multistate, and
federal criminal history records of individuals who apply for employment
at the facility. When the results of a fingerprint-based criminal history
record check of an applicant performed pursuant to this section reveal a
record of arrest without a disposition, the contractor shall require that
applicant to submit to a name-based criminal history
 JUDICIAL record check,
as defined in section 22-2-119.3 (6)(d).
SECTION 22. In Colorado Revised Statutes, 22-1-121, amend
(1.7)(a.5) and (1.7)(b) as follows:
22-1-121.  Nonpublic schools - employment of personnel -
notification by department of education. (1.7) (a.5)  When the results of
a fingerprint-based criminal history record check of an applicant or
PAGE 10-HOUSE BILL 22-1270 employee performed pursuant to this section reveal a record of arrest
without a disposition, the governing board shall require that applicant or
employee to submit to a name-based criminal history JUDICIAL record
check, as defined in section 22-2-119.3 (6)(d).
(b)  All costs arising from a fingerprint-based criminal history record
check performed by the Colorado bureau of investigation and the federal
bureau of investigation pursuant to the provisions of
 this section or a
name-based criminal history JUDICIAL record check performed pursuant to
this section must be borne by the nonpublic school. Such THE costs may be
passed on to the employee or the prospective employee.
SECTION 23. In Colorado Revised Statutes, 22-30.5-110.5, amend
(2)(b)(I) and (2)(b)(II) introductory portion as follows:
22-30.5-110.5.  Background investigation - charter school
employees - information provided to department - definitions. (2)  The
background investigation of an applicant, at a minimum, must include:
(b) (I)  A fingerprint-based criminal history record check and, if
necessary, a name-based criminal history JUDICIAL record check, as
described in section 22-30.5-110.7.
(II)  The criminal history record check shall be designed to
determine, at a minimum, whether the applicant has been convicted of, pled
nolo contendere or guilty to, or received a deferred sentence or deferred
prosecution for:
SECTION 24. In Colorado Revised Statutes, 22-30.5-110.7, amend
(4)(b), (5)(a) introductory portion, (6)(b), (6.5), and (9)(b) as follows:
22-30.5-110.7.  Fingerprint-based criminal history record checks
- charter school employees - procedures - exceptions - definitions.
(4) (b)  When the results of a fingerprint-based criminal history record
check of an employee performed pursuant to this subsection (4) reveal a
record of arrest without a disposition, the charter school shall require that
employee to submit to a name-based criminal history
 JUDICIAL record
check, as defined in section 22-2-119.3 (6)(d).
(5) (a)  A charter school may employ a person in the charter school
PAGE 11-HOUSE BILL 22-1270 prior to receiving the results of the person's fingerprint-based criminal
history record check or name-based criminal history JUDICIAL record check;
except that:
(6) (b)  When the results of a fingerprint-based criminal history
record check of an employee performed pursuant to subsection (6)(a) of this
section reveal a record of arrest without a disposition, the charter school
shall require that employee to submit to a name-based criminal history
JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
(6.5)  An employee or an applicant for employment with a charter
school is disqualified from employment if the results of a fingerprint-based
criminal history record check or name-based criminal history
 JUDICIAL
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.
(9) (b)  The employing charter school shall be responsible for costs
arising from a name-based criminal history
 JUDICIAL record check
performed pursuant to this section. The charter school may collect the costs
from the employee or the prospective employee.
SECTION 25. In Colorado Revised Statutes, 22-30.5-511.5, amend
(1), (2), and (2.5) as follows:
22-30.5-511.5.  Background investigation - prohibition against
employing persons - institute charter school employees' information
provided to department. (1)  An institute charter school shall conduct a
background investigation, including a fingerprint-based criminal history
record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7, of
an applicant to whom an offer of employment is extended by the institute
charter school to determine whether the applicant is suitable to work in an
environment with children. An applicant who applies for a position of
employment with an institute charter school shall submit to a background
investigation, including a fingerprint-based criminal history record check,
and, as necessary, a name-based criminal history
 JUDICIAL record check, as
described in sections 22-30.5-110.5 and 22-30.5-110.7.
PAGE 12-HOUSE BILL 22-1270 (2)  When an institute charter school finds good cause to believe that
a person employed by the institute charter school has been convicted of a
felony or misdemeanor, other than a misdemeanor traffic offense or traffic
infraction subsequent to such employment, the institute charter school shall
require the person to submit to the institute charter school a complete set of
his or her
 THE PERSON'S fingerprints for a fingerprint-based criminal history
record check and, as necessary, a name-based criminal history JUDICIAL
record check, as described in section 22-30.5-110.7 (6).
(2.5)  An employee or an applicant for employment with an institute
charter school is disqualified from employment if the results of a
fingerprint-based criminal history record check or a name-based criminal
history JUDICIAL 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 an institute charter school or impairs an institute charter school's right
to terminate employment for a nondiscriminatory reason.
SECTION 26. In Colorado Revised Statutes, 22-30.7-111, amend
(1)(b)(VII) as follows:
22-30.7-111.  Learning centers - memoranda of understanding
- rules - appeal process. (1) (b)  A multi-district online school that intends
to provide instruction to students within a learning center shall notify the
school district in which the proposed learning center is located of the
multi-district online school's intention in writing at least ninety days before
the multi-district online school intends to commence providing such
instruction. The notice must include the standard MOU form that addresses,
at a minimum, the following information as it applies to each learning
center to be located within the school district:
(VII)  Measures to ensure compliance with state and federal laws
concerning educator licensing, fingerprint-based criminal history record
checks, and name-based criminal history
 JUDICIAL record checks;
SECTION 27. In Colorado Revised Statutes, 22-32-109.8, amend
(4)(b), (5)(a) introductory portion, (5)(a)(II), and (6)(a.5) as follows:
22-32-109.8.  Applicants selected for nonlicensed positions -
PAGE 13-HOUSE BILL 22-1270 submittal of form and fingerprints - prohibition against employing
persons - department database. (4) (b)  When the results of a
fingerprint-based criminal history record check of an applicant performed
pursuant to this subsection (4) reveal a record of arrest without a
disposition, the school district shall require that applicant to submit to a
name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d).
(5) (a)  A school district may employ a person in a nonlicensed
position in the school district prior to receiving the results regarding the
selected applicant's fingerprint-based 
CRIMINAL HISTORY RECORD CHECK or
name-based criminal history
 JUDICIAL record check; however:
(II)  The school district shall terminate the person's employment if
the results of a fingerprint-based criminal history record check or
name-based criminal history
 JUDICIAL record check completed on or after
August 10, 2011, disclose a conviction for an offense described in
subsection (6.5) of this section.
(6) (a.5)  When the results of a fingerprint-based criminal history
record check of an employee performed pursuant to this subsection (6)
reveal a record of arrest without a disposition, the school district shall
require that employee to submit to a name-based criminal history
 JUDICIAL
record check, as defined in section 22-2-119.3 (6)(d).
SECTION 28. In Colorado Revised Statutes, 22-32-109.9, amend
(2)(b) and (3) as follows:
22-32-109.9.  Licensed personnel - submittal of fingerprints.
(2) (b)  When the results of a fingerprint-based criminal history record
check of an employee performed pursuant to this section reveal a record of
arrest without a disposition, the school district shall require that employee
to submit to a name-based criminal history
 JUDICIAL record check, as
defined in section 22-2-119.3 (6)(d).
(3)  All costs arising from the taking of fingerprints and from any
fingerprint processing performed by the Colorado bureau of investigation
pursuant to the provisions of
 subsection (1) of this section and costs arising
from the performance of a name-based criminal history JUDICIAL record
check must be borne by school districts. School districts shall not charge
PAGE 14-HOUSE BILL 22-1270 licensed personnel any fees for the direct and indirect costs of such THE
school district for fingerprint processing or criminal history record checks
performed pursuant to the provisions of subsection (1) of this section.
SECTION 29. In Colorado Revised Statutes, 22-60.5-103, amend
(7) as follows:
22-60.5-103.  Applicants - licenses - authorizations - submittal of
form and fingerprints - failure to comply constitutes grounds for
denial. (7)  When the results of a fingerprint-based criminal history record
check of an applicant or a search of any other source of criminal history
information performed pursuant to this section reveals a record of arrest
without a disposition, the department of education shall require that
applicant to submit to a name-based criminal history
 JUDICIAL record check,
as defined in section 22-2-119.3 (6)(d).
SECTION 30. In Colorado Revised Statutes, 22-62-103.5, amend
(1) as follows:
22-62-103.5.  Record checks - definition. (1)  A school district or
charter school that requires a fingerprint-based criminal history record
check or a name-based criminal history
 JUDICIAL record check for a student
enrolled in an educator preparation program who applies for field
experiences within the school district or charter school must accept the
results of a fingerprint-based criminal history record check or a name-based
criminal history
 JUDICIAL record check performed pursuant to section
22-2-119.3 as satisfaction of the requirement.
SECTION 31. In Colorado Revised Statutes, 23-64-110, amend
(1)(a)(II) as follows:
23-64-110.  Submittal of fingerprints for persons teaching at
designated schools - fingerprint-based criminal history record checks
- prerequisite for commencing or continuing employment.
(1) (a) (II)  When the results of a fingerprint-based criminal history record
check of instructional staff or prospective instructional staff performed
pursuant to this section reveal a record of arrest without a disposition, the
board shall require the instructional staff or prospective instructional staff
to submit to a name-based criminal history
 JUDICIAL record check, as
defined in section 22-2-119.3 (6)(d). Instructional staff or prospective
PAGE 15-HOUSE BILL 22-1270 instructional staff shall pay the fee established by the board for conducting
the named-based criminal history JUDICIAL record check.
SECTION 32. In Colorado Revised Statutes, 24-31-304, amend
(3)(b) as follows:
24-31-304.  Applicant for training - fingerprint-based criminal
history record check. (3) (b)  When the results of a fingerprint-based
criminal history record check of a person seeking to enroll in a training
academy performed pursuant to this section reveal a record of arrest without
a disposition, the P.O.S.T. board shall require that person to submit to a
name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d).
SECTION 33. In Colorado Revised Statutes, 24-31-702, amend
(2)(f) as follows:
24-31-702.  Colorado domestic violence fatality review board -
creation - membership - purpose - duties. (2) (f)  Before commencing his
or her service on the review team, each member shall submit his or her THE
MEMBER
'S fingerprints to the Colorado bureau of investigation for the
purposes of a criminal background check. The bureau shall forward the
results of each background check to the attorney general. When the results
of a fingerprint-based criminal history record check of a member performed
pursuant to this section reveal a record of arrest without a disposition, the
attorney general shall require that member to submit to a name-based
criminal history
 JUDICIAL record check, as defined in section 22-2-119.3
(6)(d).
SECTION 34. In Colorado Revised Statutes, 24-33.5-705.5, amend
(4)(b) as follows:
24-33.5-705.5.  Auxiliary emergency communications unit -
powers and duties of unit and office of emergency management
regarding auxiliary communications - definitions. (4)  In connection with
the powers and duties of the unit as specified in this section, the director of
the office may:
(b)  Conduct criminal background investigations on candidates for
credentialing as auxiliary emergency communicators in accordance with the
PAGE 16-HOUSE BILL 22-1270 security needs of the department. When the results of a fingerprint-based
criminal history record check of an applicant performed pursuant to this
section reveal a record of arrest without a disposition, the director shall
require that applicant to submit to a name-based criminal history
 JUDICIAL
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.
SECTION 35. In Colorado Revised Statutes, amend 24-50-1002
as follows:
24-50-1002.  State agencies with access to federal tax information
- authorization for background checks - procedure - costs. (1)  Each
applicant, state employee, state contractor, or other individual who has or
may have access through a state agency to federal tax information received
from the federal government shall submit a complete set of his or her
 THE
PERSON
'S fingerprints to the state agency. The state agency shall submit the
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. The state agency shall acquire a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d), for
an applicant, state employee, state contractor, or other individual who has
twice submitted to a fingerprint-based criminal history record check and
whose fingerprints are unclassifiable or when the results of a
fingerprint-based criminal history record check of a person performed
pursuant to this section reveal a record of arrest without a disposition. The
state agency may collect the fingerprints of the applicant, state employee,
state contractor, or other individual or may use the fingerprinting services
of another state agency or other entity authorized to collect fingerprints for
the purpose of conducting fingerprint-based criminal history record checks.
(2)  The state agency shall use the information resulting from the
fingerprint-based 
CRIMINAL HISTORY RECORD CHECK or name-based
criminal history
 JUDICIAL record check to investigate and determine whether
the applicant, state employee, state contractor, or other individual is
qualified to have access to federal tax information in accordance with
federal internal revenue service publication 1075. The state agency may
verify the information an individual is required to submit. The state agency
PAGE 17-HOUSE BILL 22-1270 shall deny access to federal tax information received from the federal
government to an applicant, state employee, state contractor, or other
individual who does not pass the criminal history
 record check required by
this section.
(3)  The state agency shall pay the costs associated with
fingerprint-based criminal history record checks to the Colorado bureau of
investigation and pay the costs associated with a name-based criminal
history JUDICIAL record check.
SECTION 36. In Colorado Revised Statutes, 24-50-1003, amend
(2), (3), and (4) as follows:
24-50-1003.  County departments with access to federal tax
information - authorization for background checks - procedure - costs.
(2)  Each applicant, county employee, county contractor, or other individual
who has or may have access to federal tax information subject to an
agreement authorized under subsection (1) of this section shall submit a
complete set of his or her
 THE PERSON'S fingerprints to the county
department. The county department shall submit the 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. The county department shall acquire a name-based
criminal history
 JUDICIAL record check, as defined in section 22-2-119.3
(6)(d), for an applicant, county employee, county contractor, or other
individual who has twice submitted to a fingerprint-based criminal history
record check and whose fingerprints are unclassifiable or when the results
of a fingerprint-based criminal history record check of a person performed
pursuant to this section reveal a record of arrest without a disposition.
(3)  The county department shall use the information resulting from
the fingerprint-based 
CRIMINAL HISTORY RECORD CHECK or name-based
criminal history
 JUDICIAL record check to investigate and determine whether
the applicant, county employee, county contractor, or other individual is
qualified to have access to the shared federal tax information in accordance
with federal internal revenue service publication 1075. The county
department may verify the information an individual is required to submit.
The county department shall deny access to the shared federal tax
PAGE 18-HOUSE BILL 22-1270 information to an applicant, county employee, county contractor, or other
individual who does not pass the criminal history record check required in
accordance with this section.
(4)  The county department shall pay the costs associated with
fingerprint-based criminal history record checks to the Colorado bureau of
investigation and pay the costs associated with a name-based criminal
history JUDICIAL record check.
SECTION 37. In Colorado Revised Statutes, 25-1-124.5, amend
(1) and (3) as follows:
25-1-124.5.  Nursing care facilities - employees - record check -
adult protective services data system check - definition. (1)  On and after
September 1, 1996, prior to employing any person, a nursing care facility
or the person seeking employment at a nursing care facility shall make an
inquiry to the director of the Colorado bureau of investigation or to private
criminal background check companies authorized to do business in the state
of Colorado to ascertain whether such
 THE person has a criminal history,
including arrest and conviction records. The Colorado bureau of
investigation or private criminal background check companies are
authorized to utilize fingerprints to ascertain from the federal bureau of
investigation whether such
 THE person has a criminal history record. When
the results of a fingerprint-based criminal history record check of an
applicant performed pursuant to this section reveal a record of arrest
without a disposition, the nursing care facility shall require that applicant
to submit to a name-based criminal history
 JUDICIAL record check, as
defined in section 22-2-119.3 (6)(d). The nursing care facility or the person
seeking employment in a nursing care facility shall pay the costs of an
inquiry or a name-based criminal history
 JUDICIAL record check performed
pursuant to this section. The criminal history record check must be
conducted not more than ninety days prior to the employment of the
applicant. For purposes of this section, criminal background check
companies must be approved by the state board of nursing. In approving
such
 THE companies, approval must be based upon the provision of lawfully
available, accurate, and thorough information pertaining to criminal
histories, including arrest and conviction records.
(3)  In addition to the criminal history
 background check required
pursuant to this section, on and after January 1, 2019, prior to employment,
PAGE 19-HOUSE BILL 22-1270 a nursing care facility shall submit the name of a person who will be
providing direct care, as defined in section 26-3.1-101 (3.5), to an at-risk
adult, as defined in section 26-3.1-101 (1.5), as well as any other required
identifying information, to the department of human services for a check of
the Colorado adult protective services data system pursuant to section
26-3.1-111, to determine if the person is substantiated in a case of
mistreatment of an at-risk adult.
SECTION 38. In Colorado Revised Statutes, 25-1.5-302, amend
(8) as follows:
25-1.5-302.  Administration of medications - powers and duties
of department - record checks. (8)  Each owner, operator, or supervisor
of a facility who employs a person who is not licensed to administer
medications shall conduct a criminal background check on each employee
prior to employment or promotion to a position in which the person has
access to medications. When the results of a fingerprint-based criminal
history record check of an employee performed pursuant to this section
reveal a record of arrest without a disposition, the owner, operator, or
supervisor of the facility shall require that employee to submit to a
name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d).
SECTION 39. In Colorado Revised Statutes, 25-3.5-203, amend
(1)(c)(III), (4)(a), (4)(f)(II), and (4)(g) as follows:
25-3.5-203.  Emergency medical service providers - licensure -
renewal of license - duties of department - rules - record checks -
definitions. (1) (c) (III)  The department may issue a provisional
certification or license to an applicant whose fingerprint-based criminal
history record check has not yet been completed. The department shall
require the applicant to submit to a name-based criminal history
 JUDICIAL
record check prior to issuing a provisional certification or license.
(4) (a)  The department shall require a certification or licensure
applicant to submit to a federal bureau of investigation fingerprint-based
national criminal history record check from the Colorado bureau of
investigation to investigate the applicant for an emergency medical service
provider certificate or license. The department may acquire a name-based
criminal history
 JUDICIAL record check for a certificate or license applicant.
PAGE 20-HOUSE BILL 22-1270 who has twice submitted to a fingerprint-based criminal history record
check and whose fingerprints are unclassifiable.
(f)  If an applicant for certification or licensure renewal has lived in
Colorado for:
(II)  Three years or less at the time of certification or licensure
renewal and submitted to a federal bureau of investigation fingerprint-based
national criminal history record check at the time of initial certification or
licensure or a previous renewal of certification or licensure, the applicant
shall submit to another federal bureau of investigation fingerprint-based
national criminal history record check from the Colorado bureau of
investigation; except that the department may acquire a state name-based
criminal history
 JUDICIAL record check for an applicant. who has twice
submitted to a fingerprint-based criminal history record check and whose
fingerprints are unclassifiable.
(g)  When the results of a fingerprint-based criminal history record
check of a person performed pursuant to this subsection (4) reveal a record
of arrest without a disposition, the department, government entity, or
private, not-for-profit, or for-profit organization that required the
fingerprint-based criminal history record check shall require that person to
submit to a name-based criminal history
 JUDICIAL record check, as defined
in section 22-2-119.3 (6)(d).
SECTION 40. In Colorado Revised Statutes, 25-3.5-1103, amend
(4)(c) and (5) as follows:
25-3.5-1103.  Registration - rules - funds. (4) (c)  The department
may issue a provisional registration to an applicant whose fingerprint-based
criminal history record check has not yet been completed. The department
shall require the applicant to submit 
TO a name-based criminal history
JUDICIAL record check prior to issuing a provisional registration.
(5) (a)  The department shall acquire a fingerprint-based criminal
history record check from the Colorado bureau of investigation to
investigate the holder of or applicant for an emergency medical responder
registration. The department may acquire a name-based criminal history
JUDICIAL record check for a registrant or an applicant. who has twice
submitted to a fingerprint-based criminal history record check and whose
PAGE 21-HOUSE BILL 22-1270 fingerprints are unclassifiable. Notwithstanding paragraph (b) of this
subsection (5) SUBSECTION (5)(b) OF THIS SECTION, if a person submitted to
a fingerprint-based criminal history record check at the time of initial
registration or registration renewal, the person shall not be
 IS NOT required
to submit to a subsequent fingerprint-based criminal history record check.
(b)  If, at the time of application for registry or for renewal, an
individual has lived in the state for three years or less, the department shall
require the applicant to submit to a federal bureau of investigation
fingerprint-based national criminal history record check; except that the
department may acquire a national name-based criminal history
 JUDICIAL
record check for an applicant. who has twice submitted to a
fingerprint-based criminal history record check and whose fingerprints are
unclassifiable. The department shall be IS the authorized agency to receive
and disseminate information regarding the result of any national criminal
history record check.
(c)  When the results of a fingerprint-based criminal history record
check of a person performed pursuant to this subsection (5) reveal a record
of arrest without a disposition, the department shall require that person to
submit to a name-based criminal history
 JUDICIAL record check, as defined
in section 22-2-119.3 (6)(d).
SECTION 41. In Colorado Revised Statutes, 25-3.5-1305, amend
(3)(a)(III), (3)(a)(IV), and (3)(b) as follows:
25-3.5-1305.  License - application - inspection - record check -
issuance. (3) (a) (III)  The department may acquire a name-based criminal
history JUDICIAL record check for an owner, manager, or administrator. who
has twice submitted to a fingerprint-based criminal history record check and
whose fingerprints are unclassifiable.
(IV)  When the results of a fingerprint-based criminal history record
check of a person performed pursuant to this subsection (3) reveal a record
of arrest without a disposition, the department shall require that person to
submit to a name-based criminal history
 JUDICIAL record check, as defined
in section 22-2-119.3 (6)(d).
(b)  The department may deny a license or renewal of a license if the
results of a criminal history record check of an owner, manager, or
PAGE 22-HOUSE BILL 22-1270 administrator demonstrates that the owner, manager, or administrator has
been convicted of a felony or a misdemeanor involving conduct that the
department determines could pose a risk to the health, safety, or welfare of
community integrated health-care service consumers.
SECTION 42. In Colorado Revised Statutes, 25-27-105, amend
(2.5)(a.7) as follows:
25-27-105.  License - application - inspection - issuance.
(2.5) (a.7)  When the results of a fingerprint-based criminal history record
check of an applicant performed pursuant to this section reveal a record of
arrest without a disposition, the department shall require that applicant to
submit to a name-based criminal history
 JUDICIAL record check, as defined
in section 22-2-119.3 (6)(d).
SECTION 43. In Colorado Revised Statutes, 25-27.5-106, amend
(3), (6), and (7) as follows:
25-27.5-106.  License or registration - application - inspection -
issuance - rules. (3) (a)  With the submission of an application for a license
or registration granted pursuant to this article ARTICLE 27.5 or within ten
days after a change in the owner, manager, or administrator, each owner of
a home care agency or home care placement agency and each manager or
administrator of a home care agency or home care placement agency must
submit a complete set of his or her
 THE PERSON'S fingerprints to the
Colorado bureau of investigation for the purpose of conducting a state and
national fingerprint-based criminal history record check utilizing records of
the Colorado bureau of investigation and the federal bureau of
investigation. Each owner and each manager or administrator is responsible
for paying the fee established by the Colorado bureau of investigation for
conducting the fingerprint-based criminal history record check to the
bureau. Upon completion of the 
FINGERPRINT-BASED criminal history record
check, the bureau shall forward the results to the department. The
department may acquire a name-based criminal history record check for an
applicant. who has twice submitted to a fingerprint-based criminal history
record check and whose fingerprints are unclassifiable.
(a.5)  When the results of a fingerprint-based criminal history record
check of a person performed pursuant to this subsection (3) reveal a record
of arrest without a disposition, the department shall require that person to
PAGE 23-HOUSE BILL 22-1270 submit to a name-based criminal history JUDICIAL record check, as defined
in section 22-2-119.3 (6)(d).
(b)  The department shall use the information from the criminal
history record check in ascertaining whether the person applying for
licensure or registration has been convicted of a felony or of a
misdemeanor, which felony or misdemeanor involves conduct that the
department determines could pose a risk to the health, safety, or welfare of
home care consumers of the home care agency or home care placement
agency. The department shall maintain information obtained in accordance
with this section.
(6)  The department may issue a provisional license to an applicant
for the purpose of operating a home care agency for a period of ninety days
if the applicant is temporarily unable to conform to all of the minimum
standards required under this article
 ARTICLE 27.5; except that no license
shall be issued to an applicant if the operation of the applicant's home care
agency will adversely affect the health, safety, or welfare of the home care
consumers of such home care agency. As a condition of obtaining a
provisional license, the applicant shall show proof to the department that
attempts are being made to conform and comply with applicable standards.
No provisional license shall be granted prior to the completion of a criminal
background check in accordance with subsection (3) of this section and a
finding in accordance with subsection (4) of this section. A second
provisional license may be issued, for a like term and fee, to effect
compliance. No further provisional licenses may be issued for the current
year after the second issuance.
(7)  If requested by the Colorado department of health care policy
and financing, the department may issue a provisional license for a period
of ninety days to an agency that has applied to be a certified home care
agency as defined in section 25-27.5-102. A provisional license shall not be
granted prior to the completion of a criminal history
 record check in
accordance with subsection (3) of this section and a finding in accordance
with subsection (4) of this section. A second provisional license may be
issued, for a like term and fee, to effect compliance. No further provisional
licenses may be issued for the current year after the second issuance.
SECTION 44. In Colorado Revised Statutes, 25-27.6-106, amend
(3) and (6) as follows:
PAGE 24-HOUSE BILL 22-1270 25-27.6-106.  License - application - inspection - issuance.
(3) (a)  With the submission of an application for a license to operate a
behavioral health entity, or within ten days after a change in owner or
manager of a behavioral health entity, each owner and manager shall submit
a complete set of his or her
 THE PERSON'S fingerprints to the Colorado
bureau of investigation for the purpose of conducting a fingerprint-based
criminal history record check. 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.
Each owner and each manager shall pay the bureau the costs associated with
the fingerprint-based criminal history record check. Upon completion of the
FINGERPRINT-BASED criminal history record check, the bureau shall forward
the results to the department. The department may acquire a name-based
criminal history record check for an applicant who has twice submitted to
a fingerprint-based criminal history record check and whose fingerprints are
unclassifiable. WHEN THE RESULTS OF A FINGERPRINT -BASED CRIMINAL
HISTORY RECORD CHECK OF A PERSON PERFORMED PURSUANT TO THIS
SUBSECTION 
(3) REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION , THE
DEPARTMENT SHALL REQUIRE THAT PERSON TO SUBMIT TO A NAME
-BASED
JUDICIAL RECORD CHECK
, AS DEFINED IN SECTION 22-2-119.3 (6)(d).
(b)  The department shall use the information from the criminal
history record checks performed pursuant to subsection (3)(a) of this section
to determine whether the person applying for licensure has been convicted
of a felony or misdemeanor that involves conduct that the department
determines could pose a risk to the health, safety, or welfare of behavioral
health entity consumers. The department shall keep information obtained
in accordance with this section confidential.
(6)  The department may issue a provisional license to operate a
behavioral health entity to an applicant for the purpose of operating a
behavioral health entity for a period of ninety days if the applicant is
temporarily unable to conform to all of the minimum standards required
pursuant to this article 27.6; except that the department shall not issue a
provisional license to an applicant if the operation of the behavioral health
entity will adversely affect the health, safety, or welfare of the consumers
of the behavioral health entity. As a condition of obtaining a provisional
license, the applicant shall show proof to the department that attempts are
being made to conform and comply with the applicable standards required
pursuant to this article 27.6. The department shall not grant a provisional
PAGE 25-HOUSE BILL 22-1270 license prior to the completion of a criminal background check in
accordance with subsection (3) of this section and a determination in
accordance with subsection (4) of this section. A second provisional license
may be issued, for a like term and fee, to effect compliance. No further
provisional licenses may be issued for the current year after the second
issuance.
SECTION 45. In Colorado Revised Statutes, 26-3.1-107, amend
(1) as follows:
26-3.1-107.  Background check - adult protective services data
system check. (1)  Each county department shall require each protective
services employee hired on or after May 29, 2012, to complete a
fingerprint-based criminal history record check utilizing the records of the
Colorado bureau of investigation and the federal bureau of investigation.
The employee shall pay the cost of the fingerprint-based criminal history
record check unless the county department chooses to pay the cost. Upon
completion of the 
FINGERPRINT-BASED criminal history record check, the
Colorado bureau of investigation shall forward the results to the county
department. The county department shall require a name-based criminal
history JUDICIAL record check, AS DEFINED IN SECTION 22-2-119.3 (6)(d), for
an applicant or an employee who has twice submitted to a fingerprint-based
criminal history record check and whose fingerprints are unclassifiable or
when the results of a fingerprint-based criminal history record check of an
applicant performed pursuant to this section reveal a record of arrest
without a disposition. as defined in section 22-2-119.3 (6)(d).
SECTION 46. In Colorado Revised Statutes, 26-6-103.3, amend
(2) as follows:
26-6-103.3.  Substitute child care providers - substitute
placement agency - licensing - rules. (2)  The state board shall promulgate
rules for substitute placement agencies and substitute child care providers.
At a minimum, state board rules must require that the substitute child care
provider demonstrate that he or she
 THE PROVIDER has the training and
certification for the child care license type and position in which the
substitute child care provider is placed. Pursuant to section 26-6-107
(1)(a)(I)(C), each substitute child care provider shall pay for and submit to
a fingerprint-based criminal history record check and a review of the
records and reports of child abuse or neglect maintained by the state
PAGE 26-HOUSE BILL 22-1270 department to determine whether the substitute child care provider has been
found to be responsible in a confirmed report of child abuse or neglect.
When the results of a fingerprint-based criminal history record check or any
other records check performed on a person pursuant to this subsection (2)
reveal a record of arrest without a disposition, the state board shall require
that person to submit to a name-based criminal history
 JUDICIAL record
check, as defined in section 22-2-119.3 (6)(d). The substitute placement
agency shall not place a substitute child care provider who is convicted of
any of the crimes specified in section 26-6-104 (7) or section
 26-6-108.
SECTION 47. In Colorado Revised Statutes, 26-6-103.5, amend
(2)(f)(V) as follows:
26-6-103.5.  Application of part - guest child care facilities -
public services short-term child care facilities - definition. (2)  A person
or entity shall not operate a guest child care facility or a public services
short-term child care facility unless the following requirements are met:
(f) (V)  When the results of a fingerprint-based criminal history
record check or any other records check performed pursuant to this
subsection (2)(f) reveal a record of arrest without a disposition, the guest
child care facility or public services short-term child care facility shall
require the supervisory employee or applicant for a supervisory employee
position to submit to a name-based criminal history
 JUDICIAL record check,
as defined in section 22-2-119.3 (6)(d);
SECTION 48. In Colorado Revised Statutes, 26-6-104, amend
(7.5)(b) as follows:
26-6-104.  Licenses - out-of-state notices and consent -
demonstration pilot program - definition - rules. (7.5) (b)  When the
results of a fingerprint-based criminal history record check performed
pursuant to this subsection (7.5) reveal a record of arrest without a
disposition, the state department shall require the person to submit to a
name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d). The costs for the name-based criminal history JUDICIAL
record check must be borne by the applicant.
SECTION 49. In Colorado Revised Statutes, 26-6-106.3, amend
(5)(e) and (6)(a) as follows:
PAGE 27-HOUSE BILL 22-1270 26-6-106.3.  Certification and annual recertification of foster
care homes by county departments and licensed child placement
agencies - background and reference check requirements - definitions.
(5)  Prior to issuing a certificate or a recertification to an applicant to
operate a foster care home, a county department or a child placement
agency licensed under the provisions of this part 1 shall conduct the
following background checks for the applicant for a certificate, a person
employed by the applicant, or a person who resides at the facility or the
home:
(e)  When the results of a fingerprint-based criminal history record
check or any other records check performed pursuant to this subsection (5)
reveal a record of arrest without a disposition, the county department or
child placement agency shall require the person to submit to a name-based
criminal history
 JUDICIAL record check, as defined in section 22-2-119.3
(6)(d).
(6)  A county department or a child placement agency licensed under
the provisions of this part 1 shall not issue a certificate to operate, or a
recertification to operate, a foster care home and shall revoke or suspend a
certificate if the applicant for the certificate, a person employed by the
applicant, or a person who resides at the facility or home:
(a)  Has been convicted of any of the crimes listed in subsection
(5)(a) of this section as verified through a fingerprint-based criminal history
record check, a name-based criminal history
 JUDICIAL record check, if
necessary, and a check of the ICON system at the state judicial department;
SECTION 50. In Colorado Revised Statutes, 26-6-107, amend
(1)(a)(I.5)(C) and (1)(a.7)(I)(E) as follows:
26-6-107.  Investigations and inspections - local authority -
reports - rules. (1) (a) (I.5)  Rules promulgated by the state board pursuant
to subsection (1)(a)(I) of this section must also include:
(C)  When the results of an investigation performed pursuant to
subsection (1)(a)(I) of this section or this subsection (1)(a)(I.5) reveal a
record of arrest without a disposition, a name-based criminal history
JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
PAGE 28-HOUSE BILL 22-1270 (a.7) (I)  For all applicants applying to be a foster care home or
kinship foster care home, regardless of reimbursement, the county
department or child placement agency shall require each adult who is
eighteen years of age or older and who resides in the home to obtain a
fingerprint-based criminal history record check through the Colorado
bureau of investigation and the federal bureau of investigation. The
applicant must provide the county department or child placement agency
with the addresses where the applicant and any adult residing in the home
has lived in the preceding five years, including addresses from other states.
The county department or the child placement agency shall conduct the
following background checks of the applicant or an adult residing in the
home:
(E)  When the results of a fingerprint-based criminal history record
check performed pursuant to this subsection (1)(a.7)(I) reveal a record of
arrest without a disposition, a name-based criminal history
 JUDICIAL record
check, as defined in section 22-2-119.3 (6)(d).
SECTION 51. In Colorado Revised Statutes, 26-6-120, amend
(1.5) and (5) as follows:
26-6-120.  Exempt family child care home providers -
fingerprint-based criminal history record check - child care assistance
program money - temporary care - rules - definitions. (1.5) (a)  When
the results of an FCC performed pursuant to subsection (1) of this section
reveal a record of arrest without a disposition, the state department shall
require that person to submit to a name-based criminal history
 JUDICIAL
record check, as defined in section 22-2-119.3 (6)(d).
(b)  A person who undergoes a name-based criminal history JUDICIAL
record check shall pay to the state department a fee established by rule of
the state board pursuant to subsection (5) of this section to offset the costs
associated with performing the name-based criminal history
 JUDICIAL record
check.
(5)  The state board shall promulgate rules to establish the amount
of the fee to collect from a qualified provider or qualified adult who is
subject to an FCC pursuant to subsection (1) of this section or a name-based
criminal history
 JUDICIAL record check pursuant to subsection (1.5) of this
section. The state department is authorized to collect the fee at the time of
PAGE 29-HOUSE BILL 22-1270 the FCC or name-based criminal history JUDICIAL record check.
SECTION 52. In Colorado Revised Statutes, 27-90-111, amend (4)
as follows:
27-90-111.  Employment of personnel - screening of applicants
- disqualifications from employment - contracts - rules - definitions.
(4)  Prior to the department's permanent employment of a person in a
position that would require that person to have direct contact with a
vulnerable person, the executive director or any division head of the
department shall make an inquiry to the director of the Colorado bureau of
investigation to ascertain whether the person has a criminal history. The
person's employment is conditional upon a satisfactory state and national
fingerprint-based criminal history record check. A criminal history
 record
check conducted pursuant to this subsection (4) must include but need not
be limited to arrests, conviction records, and the disposition of any criminal
charges. The department shall require the person to have his or her
 THE
PERSON
'S fingerprints taken by a local law enforcement agency or any third
party approved by the Colorado bureau of investigation. If an approved
third party takes the person's fingerprints, the fingerprints may be
electronically captured using Colorado bureau of investigation-approved
livescan equipment. Third-party vendors shall not keep the applicant
information for more than thirty days unless requested to do so by the
applicant. The department shall forward those fingerprints to the Colorado
bureau of investigation for the purpose of fingerprint processing utilizing
the files and records of the Colorado bureau of investigation and the federal
bureau of investigation. When the results of a fingerprint-based criminal
history record check of a person performed pursuant to this section reveal
a record of arrest without a disposition, the department shall require that
person to submit to a name-based criminal history
 JUDICIAL record check,
as defined in section 22-2-119.3 (6)(d). The department shall pay for the
costs of criminal history
 record checks conducted pursuant to this section
out of existing appropriations.
SECTION 53. In Colorado Revised Statutes, 35-61-104, amend
(1)(c) as follows:
35-61-104.  Registration - cultivation of industrial hemp -
research and development growth - hemp management plan - rules.
(1) (c)  With the submission of an application for registration, each key
PAGE 30-HOUSE BILL 22-1270 participant shall submit a complete set of fingerprints to the Colorado
bureau of investigation or the department for the purpose of conducting
fingerprint-based criminal history record checks. If received by the
department, the department shall submit the 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 a fingerprint-based criminal history record check.
Upon completion of the 
FINGERPRINT-BASED criminal history record check,
the bureau shall forward the results to the commissioner. The department
may acquire WHEN THE RESULTS OF A FINGERPRINT -BASED CRIMINAL
HISTORY RECORD CHECK REVEAL A RECORD OF ARREST WITHOUT A
DISPOSITION
, THE DEPARTMENT SHALL REQUIRE A KEY PARTICIPANT TO
SUBMIT
 a name-based criminal history
 JUDICIAL record check, AS DEFINED
IN SECTION 
22-2-119.3 (6)(d). for a key participant who has twice submittedto a fingerprint-based criminal history record check and whose fingerprints
are unclassifiable. The commissioner shall use the information resulting
from the fingerprint-based criminal history record check to investigate and
determine whether a key participant is qualified to be registered. The key
participant shall pay the costs associated with the fingerprint-based criminal
history record check.
SECTION 54. In Colorado Revised Statutes, 40-10.1-110, amend
(1.5), (3) introductory portion, (3)(c) introductory portion, (4), and (7) as
follows:
40-10.1-110.  Record check - rules. (1.5)  When the results of a
fingerprint-based criminal history record check of an individual performed
pursuant to this section reveal a record of arrest without a disposition, the
commission shall require the individual to submit to a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d). The
individual shall pay the costs associated with a name-based criminal history
JUDICIAL record check.
(3)  An individual whose criminal history record is checked pursuant
to this section is disqualified and prohibited from driving motor vehicles for
the motor carrier described in subsection (1) of this section if the criminal
history record check reflects that:
(c)  Within the two years immediately preceding the date the criminal
PAGE 31-HOUSE BILL 22-1270 history record check is completed, the individual was:
(4)  The commission shall consider the information resulting from
the criminal history record check in its determination as to whether the
individual has met the standards set forth in section 24-5-101 (2). C.R.S.
(7)  The commission shall, consistent with the requirements of this
section, promulgate rules concerning the employment of, contracting with,
and retention of an individual whose criminal history
 record is checked
pursuant to this section, and the frequency and circumstances requiring
resubmission of fingerprints.
SECTION 55. In Colorado Revised Statutes, 42-1-224, amend (2)
as follows:
42-1-224.  Record check. (2)  When the results of a
fingerprint-based criminal history record check of a person performed
pursuant to this section reveal a record of arrest without a disposition, the
department shall require the person to submit to a name-based criminal
history JUDICIAL record check, as defined in section 22-2-119.3 (6)(d). The
department shall pay the costs associated with a name-based criminal
history JUDICIAL record check.
SECTION 56. In Colorado Revised Statutes, 44-3-307, amend
(3)(c) introductory portion as follows:
44-3-307.  Persons prohibited as licensees - definition. (3) (c)  At
the time of the application for a license, the applicant shall submit
fingerprints and file personal history information concerning the applicant's
qualifications for a license on forms prepared by the state licensing
authority. The state and local licensing authorities shall submit such
 THE
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
fingerprints for alcohol beverage licensing purposes may request that the
fingerprints on file be used. When the results of a fingerprint-based criminal
history record check of an applicant performed pursuant to this section
reveal a record of arrest without a disposition, the licensing authority shall
PAGE 32-HOUSE BILL 22-1270 require the applicant to submit to a name-based criminal history JUDICIAL
record check, as defined in section 22-2-119.3 (6)(d). The licensing
authorities shall use the information resulting from the fingerprint-based
CRIMINAL HISTORY RECORD CHECK and, if applicable, name-based criminalhistory JUDICIAL record check to investigate and to determine if an applicant
is qualified for a license pursuant to this article 3 and article 4 of this title
44. The licensing authority is not prohibited from verifying
 MAY VERIFY any
of the information required to be submitted by an applicant pursuant to this
section. An applicant shall not be required to submit additional information
beyond that required in this subsection (3) unless the licensing authority has
determined any of the following:
SECTION 57. In Colorado Revised Statutes, 44-10-307, amend
(4)(c) as follows:
44-10-307.  Persons prohibited as licensees - definition. (4) (c)  At
the time of filing an application for issuance or renewal of a state medical
marijuana business license or retail marijuana business license, an applicant
shall submit a set of his or her fingerprints and file personal history
information concerning the applicant's qualifications for a state license on
forms prepared by the state licensing authority. The state or local licensing
authority or local jurisdiction shall submit the 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. The
WHEN THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION
, THE state or
local licensing authority or local jurisdiction may acquire
 SHALL REQUIRE
AN APPLICANT OR A LICENSE HOLDER TO SUBMIT 
a name-based criminalhistory JUDICIAL record check, AS DEFINED IN SECTION 22-2-119.3 (6)(d). for
an applicant or a license holder who has twice submitted to a
fingerprint-based criminal history record check and whose fingerprints are
unclassifiable. An applicant who has previously submitted fingerprints for
state or local licensing purposes may request that the fingerprints on file be
used. The state or local licensing authority or local jurisdiction shall use the
information resulting from the fingerprint-based criminal history record
check to investigate and determine whether an applicant is qualified to hold
a state or local license pursuant to this article 10. The state or local licensing
authority or local jurisdiction may verify any of the information an applicant
PAGE 33-HOUSE BILL 22-1270 is required to submit.
SECTION 58. In Colorado Revised Statutes, 44-20-118, amend
(8)(a.5) as follows:
44-20-118.  Application - prelicensing education -
fingerprint-based criminal history record check - rules. (8) (a.5)  When
the results of a fingerprint-based criminal history record check of an
applicant performed pursuant to this subsection (8) reveal a record of arrest
without a disposition, the department shall require that applicant to submit
to a name-based criminal history
 JUDICIAL record check, as defined in
section 22-2-119.3 (6)(d).
SECTION 59. In Colorado Revised Statutes, 44-20-417, amend
(8)(a.5) as follows:
44-20-417.  Application - fingerprint-based criminal history
record check - rules. (8) (a.5)  When the results of a fingerprint-based
criminal history record check of an applicant performed pursuant to this
subsection (8) reveal a record of arrest without a disposition, the department
shall require that applicant to submit to a name-based criminal history
JUDICIAL record check, as defined in section 22-2-119.3 (6)(d).
SECTION 60. In Colorado Revised Statutes, 44-30-510, amend
(3)(b) as follows:
44-30-510.  Applicants and licensees - providing information -
criminal history record check. (3) (b)  When the results of a
fingerprint-based criminal history record check of an applicant performed
pursuant to this subsection (3) reveal a record of arrest without a
disposition, the commission shall require that applicant to submit to a
name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d).
SECTION 61. In Colorado Revised Statutes, 44-30-1606, amend
(3)(b) and (4) as follows:
44-30-1606.  Licensing - rules. (3) (b)  The director is governed by
section 24-5-101 in considering the conviction or plea of nolo contendere
to a felony for any individual subject to a criminal history
 record check
PAGE 34-HOUSE BILL 22-1270 pursuant to subsection (4) of this section.
(4)  With the submission of an application for a license granted
pursuant to this section, each applicant and its officers, directors, and
general partners shall submit a complete set of his or her
 THE PERSON'S
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
for state or local licensing purposes may request the use of the fingerprints
on file. The director shall require a name-based criminal history JUDICIAL
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
whose fingerprints are unclassifiable or when the results of a
fingerprint-based criminal history record check of a person performed
pursuant to this subsection (4) reveal a record of arrest without a
disposition. The director shall use the information resulting from the
fingerprint-based 
CRIMINAL HISTORY RECORD CHECK or name-based
criminal history JUDICIAL record check to investigate and determine whether
an applicant is qualified to hold a license pursuant to this section. The
director may verify the information an applicant is required to submit. The
applicant shall pay the costs associated with the fingerprint-based criminal
history record check to the Colorado bureau of investigation. The applicant
is responsible for the costs associated with a name-based criminal history
JUDICIAL record check.
SECTION 62. In Colorado Revised Statutes, 44-32-503, amend
(4)(b) as follows:
44-32-503.  Rules of commission - licensing - record check.
(4) (b)  When the results of a fingerprint-based criminal history record
check of an applicant performed pursuant to this subsection (4) reveal a
record of arrest without a disposition, the commission shall require that
applicant to submit to a name-based criminal history
 JUDICIAL record check,
as defined in section 22-2-119.3 (6)(d).
SECTION 63. In Colorado Revised Statutes, 44-40-106, amend
(10)(a.5) as follows:
PAGE 35-HOUSE BILL 22-1270 44-40-106.  Contractors supplying services, equipment, or
materials - gaming equipment - disclosures - record check - definitions.
(10) (a.5)  When the results of a fingerprint-based criminal history record
check of a supplier performed pursuant to this subsection (10) reveal a
record of arrest without a disposition, the division shall require the supplier
to submit to a name-based criminal history
 JUDICIAL record check, as
defined in section 22-2-119.3 (6)(d).
SECTION 64. In Colorado Revised Statutes, 44-40-107, amend
(11)(a.5) as follows:
44-40-107.  Licenses. (11) (a.5)  When the results of a
fingerprint-based criminal history record check of an applicant performed
pursuant to this subsection (11) reveal a record of arrest without a
disposition, the division shall require the applicant to submit to a
name-based criminal history
 JUDICIAL record check, as defined in section
22-2-119.3 (6)(d).
SECTION 65. Safety clause. The general assembly hereby finds,
PAGE 36-HOUSE BILL 22-1270 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 37-HOUSE BILL 22-1270