Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0445.01 Kristen Forrestal x4217
HOUSE BILL 24-1004
House Committees Senate Committees
Business Affairs & Labor
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ABILITY OF EX -OFFENDERS TO RECEIVE101
AUTHORIZATION TO PRACTICE IN STATE -REGULATED102
OCCUPATIONS, AND, IN CONNECTION THEREWITH, MAKING AN103
APPROPRIATION.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
In determining whether an applicant for a state-regulated
occupation is qualified to be registered, certified, or licensed (regulator),
the bill allows the regulator to consider an applicant's conviction for a
HOUSE
3rd Reading Unamended
May 1, 2024
HOUSE
Amended 2nd Reading
April 30, 2024
HOUSE SPONSORSHIP
Bacon and Bird, Amabile, Boesenecker, Brown, Clifford, deGruy Kennedy, English, Epps,
Froelich, Garcia, Hamrick, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey,
Marshall, McCluskie, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Soper, Vigil, Weinberg,
Weissman, Young
SENATE SPONSORSHIP
Coleman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. criminal offense if the criminal offense is a violent felony or
misdemeanor. If an offense is not violent but would otherwise disqualify
a person from becoming registered, certified, or licensed, the regulator of
each profession is not permitted to consider the person's criminal
conviction for the offense after a 3-year period has passed.
The bill allows an individual to petition a regulator to determine
whether a criminal conviction will preclude the person from becoming
registered, certified, or licensed prior to that person completing any other
requirements for such credentialing.
The bill places the burden of proof for denial of an applicant on
the regulator to demonstrate that denial based on the applicant's criminal
conviction directly connects to potential performance in the occupation
or profession for which the applicant seeks credentialing.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 12-20-206 as2
follows:3
12-20-206. Regulators - consideration of criminal records -4
petition process - denials - definition. (1) AS USED IN THIS SECTION,5
"DIRECTLY RELATED TO" MEANS THAT THE CRIMINAL OFFENSE FOR WHICH6
THE APPLICANT HAS BEEN CONVICTED IS STILL RELEVANT AT THE TIME OF7
THE INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR8
LICENSE, WHICH WOULD CREATE AN UNREASONABLE RISK TO PUBLIC9
SAFETY BECAUSE THE OFFENSE DIRECTLY RELATES TO THE DUTIES AND10
RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION IN WHICH THE11
INDIVIDUAL HAS APPLIED OR PETITIONED FOR DETERMINATION OF12
QUALIFICATION, AS DETERMINED BY A REGULATOR AFTER CONSIDERATION13
OF ALL EVIDENCE AVAILABLE TO THE REGULATOR .14
(2) IF AN APPLICANT HAS A CONVICTION FOR A CRIME , A15
REGULATOR MAY ONLY CONSIDER THE APPLICANT 'S CONVICTION FOR A16
THREE-YEAR PERIOD BEGINNING ON THE DATE OF CONVICTION OR THE END17
OF INCARCERATION, WHICHEVER DATE IS LATER, IF THE APPLICANT HAS18
1004-2- NOT BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE DURING THE1
THREE-YEAR PERIOD. AFTER THE THREE-YEAR PERIOD, THE REGULATOR2
SHALL ONLY CONSIDER THE INDIVIDUAL 'S APPLICATION FOR3
REGISTRATION, CERTIFICATION, OR LICENSURE IN THE SAME MANNER AS4
AN APPLICANT WHO DOES NOT POSSESS A PRIOR CRIMINAL RECORD ;5
EXCEPT THAT THE REGULATOR MAY CONSIDER A CONVICTION FOR A CRIME6
THAT IS DIRECTLY RELATED TO THE PROFESSION OR OCCUPATION FOR7
WHICH THE INDIVIDUAL HAS APPLIED FOR REGISTRATION, CERTIFICATION,8
OR LICENSURE.9
(3) (a) IF A REGULATOR IS CONSIDERING AN APPLICANT'S CRIMINAL10
RECORD DURING THE APPLICATION PROCESS FOR REGISTRATION,11
CERTIFICATION, OR LICENSURE, A REGULATOR MAY ONLY DENY OR REFUSE12
TO RENEW THE REGISTRATION , CERTIFICATION, OR LICENSE IF THE13
REGULATOR DETERMINES THAT THE APPLICANT HAS NOT BEEN14
REHABILITATED AND IS UNABLE TO PERFORM THE DUTIES AND15
RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION WITHOUT CREATING16
AN UNREASONABLE RISK TO PUBLIC SAFETY .17
(b) AN APPLICANT'S CONVICTION FOR A CRIME DOES NOT, IN AND18
OF ITSELF, DISQUALIFY THE APPLICANT FROM BEING ISSUED A19
REGISTRATION, CERTIFICATION, OR LICENSE.20
(4) (a) AN INDIVIDUAL WHOSE CONVICTION MAY AFFECT THE21
INDIVIDUAL'S APPLICATION FOR REGISTRATION, CERTIFICATION, OR22
LICENSURE MAY PETITION AT ANY TIME, INCLUDING WHILE INCARCERATED23
OR BEFORE OBTAINING ANY REQUIRED PERSONAL QUALIFICATIONS, FOR A24
DECISION FROM A REGULATOR AS TO WHETHER A REGULATOR MAY25
CONSIDER THE INDIVIDUAL'S CRIMINAL RECORD WHEN REVIEWING THE26
INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR27
1004
-3- LICENSE.1
(b) AN INDIVIDUAL WHO PETITIONS A REGULATOR SHALL INCLUDE2
IN THE PETITION:3
(I) THE INDIVIDUAL'S CRIMINAL RECORD OR AUTHORIZATION FOR4
THE REGULATOR TO OBTAIN THE INDIVIDUAL 'S CRIMINAL RECORD; AND5
(II) ANY ADDITIONAL INFORMATION ABOUT THE INDIVIDUAL 'S6
CURRENT CIRCUMSTANCES, INCLUDING THE TIME SINCE THE CRIMINAL7
OFFENSE WAS COMMITTED AND THE SENTENCE WAS COMPLETED, THE AGE8
OF THE APPLICANT AT TIME THE OFFENSE WAS COMMITTED, THE PAYMENT9
OF ANY COURT-ORDERED RESTITUTION, EVIDENCE OF REHABILITATION,10
TESTIMONIALS, EMPLOYMENT HISTORY, AND EMPLOYMENT ASPIRATIONS.11
(c) IF A REGULATOR DETERMINES THAT A PETITIONER 'S12
CONVICTION WILL LIKELY BE CONSIDERED, THE REGULATOR SHALL ADVISE13
THE PETITIONER OF ANY ACTIONS THE PETITIONER MAY TAKE TO REMEDY14
THE DISQUALIFICATION. IF REMEDIAL ACTION IS ADVISED BY THE15
REGULATOR, THE PETITIONER MAY SUBMIT A REVISED PETITION ON OR16
BEFORE A DATE SET BY THE REGULATOR FOR COMPLETION OF THE17
REMEDIAL ACTIONS.18
(d) A REGULATOR THAT MAKES AN INITIAL DETERMINATION19
PURSUANT TO THIS SUBSECTION (4) MAY REQUIRE A NEW DETERMINATION20
AT THE TIME AN INDIVIDUAL FORMALLY APPLIES FOR REGISTRATION ,21
CERTIFICATION, OR LICENSURE.22
(5) (a) IN ORDER TO DENY AN APPLICATION FOR REGISTRATION ,23
CERTIFICATION, OR LICENSURE PURSUANT TO THIS SECTION, A REGULATOR24
BEARS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING25
EVIDENCE THAT THE DENIAL DIRECTLY CONNECTS INFORMATION IN AN26
APPLICANT'S CRIMINAL RECORD TO POTENTIAL PERFORMANCE IN AND THE27
1004
-4- POTENTIAL CREATION OF AN UNREASONABLE RISK TO PUBLIC SAFETY1
THROUGH THE PARTICULAR PROFESSION OR OCCUPATION FOR WHICH THE2
APPLICANT IS APPLYING FOR REGISTRATION , CERTIFICATION, OR3
LICENSURE.4
(b) IF AN INDIVIDUAL HAS FILED A PETITION FOR A DETERMINATION5
PURSUANT TO SUBSECTION (4) OF THIS SECTION; HAS RECEIVED A NOTICE6
OF AN AGENCY ADJUDICATORY HEARING AND FILED AND ANSWER TO THE7
NOTICE PURSUANT TO SECTION 24-4-105; AND FAILS TO APPEAR AT THE8
SCHEDULED TIME AND PLACE OF THE HEARING, THE ADMINISTRATIVE LAW9
JUDGE SHALL ENTER A DEFAULT JUDGMENT IN FAVOR OF THE REGULATOR.10
(6) THIS SECTION DOES NOT:11
(a) NEGATE ANY PROVISION FOR REGISTRATION, CERTIFICATION,12
OR LICENSURE IN THIS TITLE 12 THAT REQUIRES AN APPLICANT TO SUBMIT13
INFORMATION REGARDING THE APPLICANT'S CRIMINAL HISTORY TO A14
REGULATOR WITH AN APPLICATION ;15
(b) NEGATE ANY OTHER REASON SPECIFIED IN THIS TITLE 12 FOR16
WHICH A REGULATOR MAY DENY AN APPLICANT REGISTRATION,17
CERTIFICATION, OR LICENSURE FOR A PROFESSION OR AN OCCUPATION ;18
(c) NEGATE ANY REQUIREMENT UNDER FEDERAL LAW THAT19
REQUIRES AN INDIVIDUAL TO OBTAIN OR MAINTAIN A REGISTRATION ,20
CERTIFICATION, OR LICENSURE;21
(d) NEGATE THE LIST OF DETERMINING FACTORS THAT SHALL NOT22
BE CONSIDERED REGARDING AN APPLICANT'S CRIMINAL RECORD IN23
SECTION 24-5-101 (2)(b); OR24
(e) CREATE LIABILITY FOR AN EMPLOYER THAT FAILS TO HIRE AN25
INDIVIDUAL WHO HAS A REGISTRATION , CERTIFICATION, OR LICENSE26
PURSUANT TO THIS TITLE 12.27
1004
-5- SECTION 2. In Colorado Revised Statutes, 12-20-202, amend1
(5) as follows:2
12-20-202. Licenses, certifications, and registrations - renewal3
- reinstatement - fees - occupational credential portability program4
- temporary authority for military spouses - exceptions for military5
personnel - rules - consideration of criminal convictions or driver's6
history - executive director authority - definitions. (5) Criminal7
convictions. Unless there is a specific statutory disqualification that8
prohibits an applicant from obtaining licensure, certification, or9
registration based on a criminal conviction, if a regulator determines that10
an applicant for licensure, certification, or registration has a criminal11
record, the regulator is governed by section SECTIONS 12-20-206 AND12
24-5-101 for purposes of granting or denying, or placing any conditions13
on, licensure, certification, or registration.14
SECTION 3. In Colorado Revised Statutes, 24-5-101, amend15
(1)(a), (2)(a), (2)(b) introductory portion, (3)(b)(I), (3)(c) introductory16
portion, (4) introductory portion, and (7) introductory portion as follows: 17
24-5-101. Effect of criminal conviction on employment rights18
- fee - determination. (1) (a) Except as otherwise provided in subsection19
(1)(b) of this section, the fact that a person has been convicted of a felony20
or other offense involving moral turpitude shall not, in and of itself,21
prevent the person from applying for and obtaining public employment22
or from applying for and receiving a license, certification, permit, or23
registration required by the laws of this state to follow any business,24
occupation, or profession.25
(2) (a) (I) Whenever any WHEN A state or local agency is required26
to make a finding that REGARDING an applicant for a license, certification,27
1004
-6- permit, or registration is a person of good moral character as a condition1
to the issuance thereof OF ISSUING THE LICENSE, CERTIFICATION, PERMIT,2
OR REGISTRATION, or IS REQUIRED TO evaluate the impact of an applicant's3
criminal record, AND the fact that such applicant has, at some time, prior4
thereto, been convicted of a felony or other offense, involving moral5
turpitude, and THE STATE OR LOCAL AGENCY SHALL GIVE CONSIDERATION6
TO pertinent circumstances connected with such THE conviction shall be7
given consideration in determining whether in fact, the applicant is8
qualified. The intent of this section is to expand employment9
opportunities for persons who, notwithstanding that fact of conviction of10
an offense, have been rehabilitated and are ready to accept the11
responsibilities of a law-abiding and productive member of society.12
(II) A STATE AGENCY MAKING A FINDING PURSUANT TO13
SUBSECTION (2)(a)(I) OF THIS SECTION MAY ONLY CONSIDER CONVICTIONS14
PURSUANT TO SECTION 12-20-206.15
(b) In evaluating an applicant, an A LOCAL agency shall comply16
with subsection (4) of this section, and A STATE OR LOCAL AGENCY shall17
not use the determination of the following information as a basis for18
denial or taking adverse action against any applicant otherwise qualified:19
(3) (b) (I) With the exception of the department of corrections and20
the department of public safety, the A LOCAL agency shall not perform a21
background check until the agency determines that an applicant is a22
finalist or makes a conditional offer of employment to the applicant.23
(c) If, after determining that an applicant is a finalist or after24
making a conditional offer of employment to an applicant, the A LOCAL25
agency determines that the applicant has a criminal history, the LOCAL26
agency shall comply with subsection (4) of this section and shall not use27
1004
-7- the determination of the following information as a basis for not making1
an offer of employment or for withdrawing the conditional offer of2
employment:3
(4) Except as provided in subsection (6) of this section, when4
considering an applicant for a license, certification, permit, or registration5
pursuant to subsection (2) of this section or, if, after determining that an6
applicant is a finalist or making a conditional offer of employment to an7
applicant, the A LOCAL agency determines that the applicant has a8
conviction other than as described in subsection (2)(b) or (3)(c) of this9
section, the LOCAL agency shall consider the following factors when10
determining whether the conviction disqualifies the applicant:11
(7) Before a state or local agency makes a final determination that12
a criminal conviction disqualifies an applicant from receiving a license,13
certification, permit, or registration, the agency shall provide the applicant14
with written notice that describes:15
SECTION 4. Appropriation. (1) For the 2024-25 state fiscal16
year, $133,216 is appropriated to the department of regulatory agencies.17
This appropriation is from the division of professions and occupations18
cash fund created in section 12-20-105 (3), C.R.S. To implement this act,19
the department may use this appropriation as follows:20
(a) $80,203 for use by the division of professions and occupations21
for personal services, which amount is based on an assumption that the22
division will require an additional 1.2 FTE;23
(b) $8,206 for use by the division of professions and occupations24
for operating expenses; and25
(c) $44,807 for the purchase of legal services.26
(2) For the 2024-25 state fiscal year, $44,807 is appropriated to27
1004
-8- the department of law. This appropriation is from reappropriated funds1
received from the department of regulatory agencies under subsection2
(1)(c) of this section and is based on an assumption that the department3
of law will require an additional 0.2 FTE. To implement this act, the4
department of law may use this appropriation to provide legal services for5
the department of regulatory agencies.6
SECTION 5. Act subject to petition - effective date -7
applicability. (1) This act takes effect at 12:01 a.m. on the day following8
the expiration of the ninety-day period after final adjournment of the9
general assembly; except that, if a referendum petition is filed pursuant10
to section 1 (3) of article V of the state constitution against this act or an11
item, section, or part of this act within such period, then the act, item,12
section, or part will not take effect unless approved by the people at the13
general election to be held in November 2024 and, in such case, will take14
effect on the date of the official declaration of the vote thereon by the15
governor.16
(2) This act applies to applications for registration, certification,17
permitting, or licensure submitted on or after the applicable effective date18
of this act.19
1004
-9-