Colorado 2024 Regular Session

Colorado House Bill HB1004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0445.01 Kristen Forrestal x4217
1	8		HOUSE BILL 24-1004
2		-	BY REPRESENTATIVE(S) Bacon and Bird, Amabile, Boesenecker,
3		-	Brown, Clifford, deGruy Kennedy, English, Epps, Froelich, Garcia,
4		-	Hamrick, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey,
5		-	Marshall, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Soper, Vigil,
6		-	Weinberg, Weissman, Young, McCluskie;
7		-	also SENATOR(S) Coleman, Baisley, Buckner, Cutter, Exum, Gonzales,
8		-	Hansen, Jaquez Lewis, Kirkmeyer, Liston, Marchman, Michaelson Jenet,
9		-	Mullica, Pelton R., Priola, Roberts.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	Appropriations Finance
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
10	14		C
11		-	ONCERNING THE ABILITY OF EX-OFFENDERS TO RECEIVE AUTHORIZATION
12		-	TO PRACTICE IN STATE
13		-	-REGULATED OCCUPATIONS , AND, IN
14		-	CONNECTION THEREWITH
15		-	, MAKING AN APPROPRIATION.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, add 12-20-206 as
19		-	follows:
20		-	12-20-206. Regulators - consideration of criminal records -
21		-	petition process - denials - definition. (1) A
22		-	S USED IN THIS SECTION,
23		-	"
24		-	DIRECTLY RELATED TO" MEANS THAT THE CRIMINAL OFFENSE FOR WHICH
25		-	THE APPLICANT HAS BEEN CONVICTED IS STILL RELEVANT AT THE TIME OF
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. THE INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR
34		-	LICENSE
35		-	, WHICH WOULD CREATE AN UNREASONABLE RISK TO PUBLIC SAFETY
36		-	BECAUSE THE OFFENSE DIRECTLY RELATES TO THE DUTIES AND
37		-	RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION IN WHICH THE
38		-	INDIVIDUAL HAS APPLIED OR PETITIONED FOR DETERMINATION OF
39		-	QUALIFICATION
40		-	, AS DETERMINED BY A REGULATOR AFTER CONSIDERATION
41		-	OF ALL EVIDENCE AVAILABLE TO THE REGULATOR
42		-	.
43		-	(2) I
44		-	F AN APPLICANT HAS A CONVICTION FOR A CRIME, A REGULATOR
45		-	MAY ONLY CONSIDER THE APPLICANT
46		-	'S CONVICTION FOR A THREE-YEAR
47		-	PERIOD BEGINNING ON THE DATE OF CONVICTION OR THE END OF
48		-	INCARCERATION
49		-	, WHICHEVER DATE IS LATER, IF THE APPLICANT HAS NOT
50		-	BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE DURING THE
51		-	THREE
52		-	-YEAR PERIOD. AFTER THE THREE-YEAR PERIOD, THE REGULATOR
53		-	SHALL ONLY CONSIDER THE INDIVIDUAL
54		-	'S APPLICATION FOR REGISTRATION,
55		-	CERTIFICATION, OR LICENSURE IN THE SAME MANNER AS AN APPLICANT WHO
56		-	DOES NOT POSSESS A PRIOR CRIMINAL RECORD
57		-	; EXCEPT THAT THE
58		-	REGULATOR MAY CONSIDER A CONVICTION FOR A CRIME THAT IS DIRECTLY
59		-	RELATED TO THE PROFESSION OR OCCUPATION FOR WHICH THE INDIVIDUAL
60		-	HAS APPLIED FOR REGISTRATION
61		-	, CERTIFICATION, OR LICENSURE.
62		-	(3) (a) I
63		-	F A REGULATOR IS CONSIDERING AN APPLICANT 'S CRIMINAL
64		-	RECORD DURING THE APPLICATION PROCESS FOR REGISTRATION
65		-	,
66		-	CERTIFICATION, OR LICENSURE, A REGULATOR MAY ONLY DENY OR REFUSE
67		-	TO RENEW THE REGISTRATION
68		-	, CERTIFICATION, OR LICENSE IF THE
69		-	REGULATOR DETERMINES THAT THE APPLICANT HAS NOT BEEN
70		-	REHABILITATED AND IS UNABLE TO PERFORM THE DUTIES AND
71		-	RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION WITHOUT CREATING
72		-	AN UNREASONABLE RISK TO PUBLIC SAFETY
73		-	.
74		-	(b) A
75		-	N APPLICANT'S CONVICTION FOR A CRIME DOES NOT, IN AND OF
76		-	ITSELF
77		-	, DISQUALIFY THE APPLICANT FROM BEING ISSUED A REGISTRATION ,
78		-	CERTIFICATION, OR LICENSE.
79		-	(4) (a) A
80		-	N INDIVIDUAL WHOSE CONVICTION MAY AFFECT THE
81		-	INDIVIDUAL
82		-	'S APPLICATION FOR REGISTRATION , CERTIFICATION, OR
83		-	LICENSURE MAY PETITION AT ANY TIME
84		-	, INCLUDING WHILE INCARCERATED
85		-	OR BEFORE OBTAINING ANY REQUIRED PERSONAL QUALIFICATIONS
86		-	, FOR A
87		-	DECISION FROM A REGULATOR AS TO WHETHER A REGULATOR MAY CONSIDER
88		-	THE INDIVIDUAL
89		-	'S CRIMINAL RECORD WHEN REVIEWING THE INDIVIDUAL 'S
90		-	PAGE 2-HOUSE BILL 24-1004 APPLICATION FOR A REGISTRATION, CERTIFICATION, OR LICENSE.
91		-	(b) A
92		-	N INDIVIDUAL WHO PETITIONS A REGULATOR SHALL INCLUDE IN
93		-	THE PETITION
94		-	:
95		-	(I) T
96		-	HE INDIVIDUAL'S CRIMINAL RECORD OR AUTHORIZATION FOR THE
97		-	REGULATOR TO OBTAIN THE INDIVIDUAL
98		-	'S CRIMINAL RECORD; AND
99		-	(II) ANY ADDITIONAL INFORMATION ABOUT THE INDIVIDUAL 'S
100		-	CURRENT CIRCUMSTANCES
101		-	, INCLUDING THE TIME SINCE THE CRIMINAL
102		-	OFFENSE WAS COMMITTED AND THE SENTENCE WAS COMPLETED
103		-	, THE AGE OF
104		-	THE APPLICANT AT TIME THE OFFENSE WAS COMMITTED
105		-	, THE PAYMENT OF
106		-	ANY COURT
107		-	-ORDERED RESTITUTION , EVIDENCE OF REHABILITATION ,
108		-	TESTIMONIALS, EMPLOYMENT HISTORY, AND EMPLOYMENT ASPIRATIONS .
109		-	(c) I
110		-	F A REGULATOR DETERMINES THAT A PETITIONER 'S CONVICTION
111		-	WILL LIKELY BE CONSIDERED
112		-	, THE REGULATOR SHALL ADVISE THE
113		-	PETITIONER OF ANY ACTIONS THE PETITIONER MAY TAKE TO REMEDY THE
114		-	DISQUALIFICATION
115		-	. IF REMEDIAL ACTION IS ADVISED BY THE REGULATOR ,
116		-	THE PETITIONER MAY SUBMIT A REVISED PETITION ON OR BEFORE A DATE SET
117		-	BY THE REGULATOR FOR COMPLETION OF THE REMEDIAL ACTIONS
118		-	.
119		-	(d) A
120		-	REGULATOR THAT MAKES AN INITIAL DETERMINATION
121		-	PURSUANT TO THIS SUBSECTION
122		-	(4) MAY REQUIRE A NEW DETERMINATION AT
123		-	THE TIME AN INDIVIDUAL FORMALLY APPLIES FOR REGISTRATION
124		-	,
125		-	CERTIFICATION, OR LICENSURE.
126		-	(5) (a) I
127		-	N ORDER TO DENY AN APPLICATION FOR REGISTRATION ,
128		-	CERTIFICATION, OR LICENSURE PURSUANT TO THIS SECTION , A REGULATOR
129		-	BEARS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING
130		-	EVIDENCE THAT THE DENIAL DIRECTLY CONNECTS INFORMATION IN AN
131		-	APPLICANT
132		-	'S CRIMINAL RECORD TO POTENTIAL PERFORMANCE IN AND THE
133		-	POTENTIAL CREATION OF AN UNREASONABLE RISK TO PUBLIC SAFETY
134		-	THROUGH THE PARTICULAR PROFESSION OR OCCUPATION FOR WHICH THE
135		-	APPLICANT IS APPLYING FOR REGISTRATION
136		-	, CERTIFICATION, OR LICENSURE.
137		-	(b) I
138		-	F AN INDIVIDUAL HAS FILED A PETITION FOR A DETERMINATION
139		-	PURSUANT TO SUBSECTION
140		-	(4) OF THIS SECTION, HAS RECEIVED A NOTICE OF
141		-	AN AGENCY ADJUDICATORY HEARING AND FILED AND ANSWER TO THE
142		-	NOTICE PURSUANT TO SECTION
143		-	24-4-105, AND FAILS TO APPEAR AT THE
144		-	PAGE 3-HOUSE BILL 24-1004 SCHEDULED TIME AND PLACE OF THE HEARING , THE ADMINISTRATIVE LAW
145		-	JUDGE SHALL ENTER A DEFAULT JUDGMENT IN FAVOR OF THE REGULATOR
146		-	.
147		-	(6) T
148		-	HIS SECTION DOES NOT:
149		-	(a) N
150		-	EGATE ANY PROVISION FOR REGISTRATION , CERTIFICATION, OR
151		-	LICENSURE IN THIS TITLE
152		-	12 THAT REQUIRES AN APPLICANT TO SUBMIT
153		-	INFORMATION REGARDING THE APPLICANT
154		-	'S CRIMINAL HISTORY TO A
155		-	REGULATOR WITH AN APPLICATION
156		-	;
157		-	(b) N
158		-	EGATE ANY OTHER REASON SPECIFIED IN THIS TITLE 12 FOR
159		-	WHICH A REGULATOR MAY DENY AN APPLICANT REGISTRATION
160		-	,
161		-	CERTIFICATION, OR LICENSURE FOR A PROFESSION OR AN OCCUPATION ;
162		-	(c) N
163		-	EGATE ANY REQUIREMENT UNDER FEDERAL LAW THAT
164		-	REQUIRES AN INDIVIDUAL TO OBTAIN OR MAINTAIN A REGISTRATION
165		-	,
166		-	CERTIFICATION, OR LICENSURE;
167		-	(d) N
168		-	EGATE THE LIST OF DETERMINING FACTORS THAT SHALL NOT BE
169		-	CONSIDERED REGARDING AN APPLICANT
170		-	'S CRIMINAL RECORD IN SECTION
171		-	24-5-101 (2)(b); OR
172		-	(e) CREATE LIABILITY FOR AN EMPLOYER THAT FAILS TO HIRE AN
173		-	INDIVIDUAL WHO HAS A REGISTRATION
174		-	, CERTIFICATION, OR LICENSE
175		-	PURSUANT TO THIS TITLE
176		-	12.
177		-	SECTION 2. In Colorado Revised Statutes, 12-20-202, amend (5)
178		-	as follows:
179		-	12-20-202. Licenses, certifications, and registrations - renewal
180		-	- reinstatement - fees - occupational credential portability program -
181		-	temporary authority for military spouses - exceptions for military
182		-	personnel - rules - consideration of criminal convictions or driver's
183		-	history - executive director authority - definitions. (5) Criminal
184		-	convictions. Unless there is a specific statutory disqualification that
185		-	prohibits an applicant from obtaining licensure, certification, or registration
186		-	based on a criminal conviction, if a regulator determines that an applicant
187		-	for licensure, certification, or registration has a criminal record, the
188		-	regulator is governed by section
189		-	SECTIONS 12-20-206 AND 24-5-101 for
190		-	purposes of granting or denying, or placing any conditions on, licensure,
191		-	PAGE 4-HOUSE BILL 24-1004 certification, or registration.
192		-	SECTION 3. In Colorado Revised Statutes, 24-5-101, amend
193		-	(1)(a), (2)(a), (2)(b) introductory portion, (3)(b)(I), (3)(c) introductory
194		-	portion, (4) introductory portion, and (7) introductory portion as follows:
195		-	24-5-101. Effect of criminal conviction on employment rights -
196		-	fee - determination. (1) (a) Except as otherwise provided in subsection
197		-	(1)(b) of this section, the fact that a person has been convicted of a felony
198		-	or other offense involving moral turpitude
199		-	shall not, in and of itself, prevent
200		-	the person from applying for and obtaining public employment or from
201		-	applying for and receiving a license, certification, permit, or registration
202		-	required by the laws of this state to follow any business, occupation, or
203		-	profession.
204		-	(2) (a) (I) Whenever any
205		-	WHEN A state or local agency is required
206		-	to make a finding that REGARDING an applicant for a license, certification,
207		-	permit, or registration is a person of good moral character as a condition to
208		-	the issuance thereof OF ISSUING THE LICENSE, CERTIFICATION, PERMIT, OR
209		-	REGISTRATION
210		-	, or IS REQUIRED TO evaluate the impact of an applicant's
211		-	criminal record,
212		-	AND the fact that such
213		-	applicant has, at some time, prior
214		-	thereto, been convicted of a felony or other offense, involving moral
215		-	turpitude, and THE STATE OR LOCAL AGENCY SHALL GIVE CONSIDERATION TO
216		-	pertinent circumstances connected with such THE conviction shall be given
217		-	consideration in determining whether in fact, the applicant is qualified. The
218		-	intent of this section is to expand employment opportunities for persons
219		-	who, notwithstanding that fact of conviction of an offense, have been
220		-	rehabilitated and are ready to accept the responsibilities of a law-abiding
221		-	and productive member of society.
222		-	(II) A
223		-	STATE AGENCY MAKING A FINDING PURSUANT TO SUBSECTION
224		-	(2)(a)(I) OF THIS SECTION MAY ONLY CONSIDER CONVICTIONS PURSUANT TO
225		-	SECTION
226		-	12-20-206.
227		-	(b) In evaluating an applicant, an
228		-	A LOCAL agency shall comply with
229		-	subsection (4) of this section, and
230		-	A STATE OR LOCAL AGENCY shall not use
231		-	the determination of the following information as a basis for denial or
232		-	taking adverse action against any applicant otherwise qualified:
233		-	(3) (b) (I) With the exception of the department of corrections and
234		-	PAGE 5-HOUSE BILL 24-1004 the department of public safety, the A LOCAL agency shall not perform a
235		-	background check until the agency determines that an applicant is a finalist
236		-	or makes a conditional offer of employment to the applicant.
237		-	(c) If, after determining that an applicant is a finalist or after making
238		-	a conditional offer of employment to an applicant, the
239		-	A LOCAL agency
240		-	determines that the applicant has a criminal history, the
241		-	LOCAL agency shall
242		-	comply with subsection (4) of this section and shall not use the
243		-	determination of the following information as a basis for not making an
244		-	offer of employment or for withdrawing the conditional offer of
245		-	employment:
246		-	(4) Except as provided in subsection (6) of this section, when
247		-	considering an applicant for a license, certification, permit, or registration
248		-	pursuant to subsection (2) of this section or, if, after determining that an
249		-	applicant is a finalist or making a conditional offer of employment to an
250		-	applicant, the
251		-	A LOCAL agency determines that the applicant has a
252		-	conviction other than as described in subsection (2)(b) or (3)(c) of this
253		-	section, the
254		-	LOCAL agency shall consider the following factors when
255		-	determining whether the conviction disqualifies the applicant:
256		-	(7) Before a state or local agency makes a final determination that
257		-	a criminal conviction disqualifies an applicant from receiving a license,
258		-	certification, permit, or registration, the agency shall provide the applicant
259		-	with written notice that describes:
260		-	SECTION 4. Appropriation. (1) For the 2024-25 state fiscal year,
261		-	$133,216 is appropriated to the department of regulatory agencies. This
262		-	appropriation is from the division of professions and occupations cash fund
263		-	created in section 12-20-105 (3), C.R.S. To implement this act, the
264		-	department may use this appropriation as follows:
265		-	(a) $80,203 for use by the division of professions and occupations
266		-	for personal services, which amount is based on an assumption that the
267		-	division will require an additional 1.2 FTE;
268		-	(b) $8,206 for use by the division of professions and occupations for
269		-	operating expenses; and
270		-	(c) $44,807 for the purchase of legal services.
271		-	PAGE 6-HOUSE BILL 24-1004 (2) For the 2024-25 state fiscal year, $44,807 is appropriated to the
272		-	department of law. This appropriation is from reappropriated funds received
273		-	from the department of regulatory agencies under subsection (1)(c) of this
274		-	section and is based on an assumption that the department of law will
275		-	require an additional 0.2 FTE. To implement this act, the department of law
276		-	may use this appropriation to provide legal services for the department of
277		-	regulatory agencies.
278		-	SECTION 5. Act subject to petition - effective date -
279		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
280		-	the expiration of the ninety-day period after final adjournment of the
281		-	general assembly; except that, if a referendum petition is filed pursuant to
282		-	section 1 (3) of article V of the state constitution against this act or an item,
283		-	section, or part of this act within such period, then the act, item, section, or
284		-	part will not take effect unless approved by the people at the general
285		-	election to be held in November 2024 and, in such case, will take effect on
286		-	the date of the official declaration of the vote thereon by the governor.
287		-	(2) This act applies to applications for registration, certification,
288		-	PAGE 7-HOUSE BILL 24-1004 permitting, or licensure submitted on or after the applicable effective date
289		-	of this act.
290		-	____________________________ ____________________________
291		-	Julie McCluskie Steve Fenberg
292		-	SPEAKER OF THE HOUSE PRESIDENT OF
293		-	OF REPRESENTATIVES THE SENATE
294		-	____________________________ ____________________________
295		-	Robin Jones Cindi L. Markwell
296		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
297		-	OF REPRESENTATIVES THE SENATE
298		-	APPROVED________________________________________
299		-	(Date and Time)
300		-	_________________________________________
301		-	Jared S. Polis
302		-	GOVERNOR OF THE STATE OF COLORADO
303		-	PAGE 8-HOUSE BILL 24-1004
	15	+	ONCERNING THE ABILITY OF EX -OFFENDERS TO RECEIVE101
	16	+	AUTHORIZATION TO PRACTICE IN STATE -REGULATED102
	17	+	OCCUPATIONS, AND, IN CONNECTION THEREWITH, MAKING AN103
	18	+	APPROPRIATION.104
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	In determining whether an applicant for a state-regulated
	27	+	occupation is qualified to be registered, certified, or licensed (regulator),
	28	+	the bill allows the regulator to consider an applicant's conviction for a
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 7, 2024
	32	+	SENATE
	33	+	2nd Reading Unamended
	34	+	May 7, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	May 1, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 30, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Bacon and Bird, Amabile, Boesenecker, Brown, Clifford, deGruy Kennedy, English, Epps,
	43	+	Froelich, Garcia, Hamrick, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey,
	44	+	Marshall, McCluskie, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Soper, Vigil, Weinberg,
	45	+	Weissman, Young
	46	+	SENATE SPONSORSHIP
	47	+	Coleman, Baisley, Buckner, Cutter, Exum, Gonzales, Hansen, Jaquez Lewis, Kirkmeyer,
	48	+	Liston, Marchman, Michaelson Jenet, Mullica, Pelton R., Priola, Roberts
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. criminal offense if the criminal offense is a violent felony or
	52	+	misdemeanor. If an offense is not violent but would otherwise disqualify
	53	+	a person from becoming registered, certified, or licensed, the regulator of
	54	+	each profession is not permitted to consider the person's criminal
	55	+	conviction for the offense after a 3-year period has passed.
	56	+	The bill allows an individual to petition a regulator to determine
	57	+	whether a criminal conviction will preclude the person from becoming
	58	+	registered, certified, or licensed prior to that person completing any other
	59	+	requirements for such credentialing.
	60	+	The bill places the burden of proof for denial of an applicant on
	61	+	the regulator to demonstrate that denial based on the applicant's criminal
	62	+	conviction directly connects to potential performance in the occupation
	63	+	or profession for which the applicant seeks credentialing.
	64	+	Be it enacted by the General Assembly of the State of Colorado:1
	65	+	SECTION 1. In Colorado Revised Statutes, add 12-20-206 as2
	66	+	follows:3
	67	+	12-20-206. Regulators - consideration of criminal records -4
	68	+	petition process - denials - definition. (1) AS USED IN THIS SECTION,5
	69	+	"DIRECTLY RELATED TO" MEANS THAT THE CRIMINAL OFFENSE FOR WHICH6
	70	+	THE APPLICANT HAS BEEN CONVICTED IS STILL RELEVANT AT THE TIME OF7
	71	+	THE INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR8
	72	+	LICENSE, WHICH WOULD CREATE AN UNREASONABLE RISK TO PUBLIC9
	73	+	SAFETY BECAUSE THE OFFENSE DIRECTLY RELATES TO THE DUTIES AND10
	74	+	RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION IN WHICH THE11
	75	+	INDIVIDUAL HAS APPLIED OR PETITIONED FOR DETERMINATION OF12
	76	+	QUALIFICATION, AS DETERMINED BY A REGULATOR AFTER CONSIDERATION13
	77	+	OF ALL EVIDENCE AVAILABLE TO THE REGULATOR .14
	78	+	(2) IF AN APPLICANT HAS A CONVICTION FOR A CRIME , A15
	79	+	REGULATOR MAY ONLY CONSIDER THE APPLICANT 'S CONVICTION FOR A16
	80	+	THREE-YEAR PERIOD BEGINNING ON THE DATE OF CONVICTION OR THE END17
	81	+	OF INCARCERATION, WHICHEVER DATE IS LATER, IF THE APPLICANT HAS18
	82	+	1004-2- NOT BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE DURING THE1
	83	+	THREE-YEAR PERIOD. AFTER THE THREE-YEAR PERIOD, THE REGULATOR2
	84	+	SHALL ONLY CONSIDER THE INDIVIDUAL 'S APPLICATION FOR3
	85	+	REGISTRATION, CERTIFICATION, OR LICENSURE IN THE SAME MANNER AS4
	86	+	AN APPLICANT WHO DOES NOT POSSESS A PRIOR CRIMINAL RECORD ;5
	87	+	EXCEPT THAT THE REGULATOR MAY CONSIDER A CONVICTION FOR A CRIME6
	88	+	THAT IS DIRECTLY RELATED TO THE PROFESSION OR OCCUPATION FOR7
	89	+	WHICH THE INDIVIDUAL HAS APPLIED FOR REGISTRATION, CERTIFICATION,8
	90	+	OR LICENSURE.9
	91	+	(3) (a) IF A REGULATOR IS CONSIDERING AN APPLICANT'S CRIMINAL10
	92	+	RECORD DURING THE APPLICATION PROCESS FOR REGISTRATION,11
	93	+	CERTIFICATION, OR LICENSURE, A REGULATOR MAY ONLY DENY OR REFUSE12
	94	+	TO RENEW THE REGISTRATION , CERTIFICATION, OR LICENSE IF THE13
	95	+	REGULATOR DETERMINES THAT THE APPLICANT HAS NOT BEEN14
	96	+	REHABILITATED AND IS UNABLE TO PERFORM THE DUTIES AND15
	97	+	RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION WITHOUT CREATING16
	98	+	AN UNREASONABLE RISK TO PUBLIC SAFETY .17
	99	+	(b) AN APPLICANT'S CONVICTION FOR A CRIME DOES NOT, IN AND18
	100	+	OF ITSELF, DISQUALIFY THE APPLICANT FROM BEING ISSUED A19
	101	+	REGISTRATION, CERTIFICATION, OR LICENSE.20
	102	+	(4) (a) AN INDIVIDUAL WHOSE CONVICTION MAY AFFECT THE21
	103	+	INDIVIDUAL'S APPLICATION FOR REGISTRATION, CERTIFICATION, OR22
	104	+	LICENSURE MAY PETITION AT ANY TIME, INCLUDING WHILE INCARCERATED23
	105	+	OR BEFORE OBTAINING ANY REQUIRED PERSONAL QUALIFICATIONS, FOR A24
	106	+	DECISION FROM A REGULATOR AS TO WHETHER A REGULATOR MAY25
	107	+	CONSIDER THE INDIVIDUAL'S CRIMINAL RECORD WHEN REVIEWING THE26
	108	+	INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR27
	109	+	1004
	110	+	-3- LICENSE.1
	111	+	(b) AN INDIVIDUAL WHO PETITIONS A REGULATOR SHALL INCLUDE2
	112	+	IN THE PETITION:3
	113	+	(I) THE INDIVIDUAL'S CRIMINAL RECORD OR AUTHORIZATION FOR4
	114	+	THE REGULATOR TO OBTAIN THE INDIVIDUAL 'S CRIMINAL RECORD; AND5
	115	+	(II) ANY ADDITIONAL INFORMATION ABOUT THE INDIVIDUAL 'S6
	116	+	CURRENT CIRCUMSTANCES, INCLUDING THE TIME SINCE THE CRIMINAL7
	117	+	OFFENSE WAS COMMITTED AND THE SENTENCE WAS COMPLETED, THE AGE8
	118	+	OF THE APPLICANT AT TIME THE OFFENSE WAS COMMITTED, THE PAYMENT9
	119	+	OF ANY COURT-ORDERED RESTITUTION, EVIDENCE OF REHABILITATION,10
	120	+	TESTIMONIALS, EMPLOYMENT HISTORY, AND EMPLOYMENT ASPIRATIONS.11
	121	+	(c) IF A REGULATOR DETERMINES THAT A PETITIONER 'S12
	122	+	CONVICTION WILL LIKELY BE CONSIDERED, THE REGULATOR SHALL ADVISE13
	123	+	THE PETITIONER OF ANY ACTIONS THE PETITIONER MAY TAKE TO REMEDY14
	124	+	THE DISQUALIFICATION. IF REMEDIAL ACTION IS ADVISED BY THE15
	125	+	REGULATOR, THE PETITIONER MAY SUBMIT A REVISED PETITION ON OR16
	126	+	BEFORE A DATE SET BY THE REGULATOR FOR COMPLETION OF THE17
	127	+	REMEDIAL ACTIONS.18
	128	+	(d) A REGULATOR THAT MAKES AN INITIAL DETERMINATION19
	129	+	PURSUANT TO THIS SUBSECTION (4) MAY REQUIRE A NEW DETERMINATION20
	130	+	AT THE TIME AN INDIVIDUAL FORMALLY APPLIES FOR REGISTRATION ,21
	131	+	CERTIFICATION, OR LICENSURE.22
	132	+	(5) (a) IN ORDER TO DENY AN APPLICATION FOR REGISTRATION ,23
	133	+	CERTIFICATION, OR LICENSURE PURSUANT TO THIS SECTION, A REGULATOR24
	134	+	BEARS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING25
	135	+	EVIDENCE THAT THE DENIAL DIRECTLY CONNECTS INFORMATION IN AN26
	136	+	APPLICANT'S CRIMINAL RECORD TO POTENTIAL PERFORMANCE IN AND THE27
	137	+	1004
	138	+	-4- POTENTIAL CREATION OF AN UNREASONABLE RISK TO PUBLIC SAFETY1
	139	+	THROUGH THE PARTICULAR PROFESSION OR OCCUPATION FOR WHICH THE2
	140	+	APPLICANT IS APPLYING FOR REGISTRATION , CERTIFICATION, OR3
	141	+	LICENSURE.4
	142	+	(b) IF AN INDIVIDUAL HAS FILED A PETITION FOR A DETERMINATION5
	143	+	PURSUANT TO SUBSECTION (4) OF THIS SECTION; HAS RECEIVED A NOTICE6
	144	+	OF AN AGENCY ADJUDICATORY HEARING AND FILED AND ANSWER TO THE7
	145	+	NOTICE PURSUANT TO SECTION 24-4-105; AND FAILS TO APPEAR AT THE8
	146	+	SCHEDULED TIME AND PLACE OF THE HEARING, THE ADMINISTRATIVE LAW9
	147	+	JUDGE SHALL ENTER A DEFAULT JUDGMENT IN FAVOR OF THE REGULATOR.10
	148	+	(6) THIS SECTION DOES NOT:11
	149	+	(a) NEGATE ANY PROVISION FOR REGISTRATION, CERTIFICATION,12
	150	+	OR LICENSURE IN THIS TITLE 12 THAT REQUIRES AN APPLICANT TO SUBMIT13
	151	+	INFORMATION REGARDING THE APPLICANT'S CRIMINAL HISTORY TO A14
	152	+	REGULATOR WITH AN APPLICATION ;15
	153	+	(b) NEGATE ANY OTHER REASON SPECIFIED IN THIS TITLE 12 FOR16
	154	+	WHICH A REGULATOR MAY DENY AN APPLICANT REGISTRATION,17
	155	+	CERTIFICATION, OR LICENSURE FOR A PROFESSION OR AN OCCUPATION ;18
	156	+	(c) NEGATE ANY REQUIREMENT UNDER FEDERAL LAW THAT19
	157	+	REQUIRES AN INDIVIDUAL TO OBTAIN OR MAINTAIN A REGISTRATION ,20
	158	+	CERTIFICATION, OR LICENSURE;21
	159	+	(d) NEGATE THE LIST OF DETERMINING FACTORS THAT SHALL NOT22
	160	+	BE CONSIDERED REGARDING AN APPLICANT'S CRIMINAL RECORD IN23
	161	+	SECTION 24-5-101 (2)(b); OR24
	162	+	(e) CREATE LIABILITY FOR AN EMPLOYER THAT FAILS TO HIRE AN25
	163	+	INDIVIDUAL WHO HAS A REGISTRATION , CERTIFICATION, OR LICENSE26
	164	+	PURSUANT TO THIS TITLE 12.27
	165	+	1004
	166	+	-5- SECTION 2. In Colorado Revised Statutes, 12-20-202, amend1
	167	+	(5) as follows:2
	168	+	12-20-202. Licenses, certifications, and registrations - renewal3
	169	+	- reinstatement - fees - occupational credential portability program4
	170	+	- temporary authority for military spouses - exceptions for military5
	171	+	personnel - rules - consideration of criminal convictions or driver's6
	172	+	history - executive director authority - definitions. (5) Criminal7
	173	+	convictions. Unless there is a specific statutory disqualification that8
	174	+	prohibits an applicant from obtaining licensure, certification, or9
	175	+	registration based on a criminal conviction, if a regulator determines that10
	176	+	an applicant for licensure, certification, or registration has a criminal11
	177	+	record, the regulator is governed by section SECTIONS 12-20-206 AND12
	178	+	24-5-101 for purposes of granting or denying, or placing any conditions13
	179	+	on, licensure, certification, or registration.14
	180	+	SECTION 3. In Colorado Revised Statutes, 24-5-101, amend15
	181	+	(1)(a), (2)(a), (2)(b) introductory portion, (3)(b)(I), (3)(c) introductory16
	182	+	portion, (4) introductory portion, and (7) introductory portion as follows: 17
	183	+	24-5-101. Effect of criminal conviction on employment rights18
	184	+	- fee - determination. (1) (a) Except as otherwise provided in subsection19
	185	+	(1)(b) of this section, the fact that a person has been convicted of a felony20
	186	+	or other offense involving moral turpitude shall not, in and of itself,21
	187	+	prevent the person from applying for and obtaining public employment22
	188	+	or from applying for and receiving a license, certification, permit, or23
	189	+	registration required by the laws of this state to follow any business,24
	190	+	occupation, or profession.25
	191	+	(2) (a) (I) Whenever any WHEN A state or local agency is required26
	192	+	to make a finding that REGARDING an applicant for a license, certification,27
	193	+	1004
	194	+	-6- permit, or registration is a person of good moral character as a condition1
	195	+	to the issuance thereof OF ISSUING THE LICENSE, CERTIFICATION, PERMIT,2
	196	+	OR REGISTRATION, or IS REQUIRED TO evaluate the impact of an applicant's3
	197	+	criminal record, AND the fact that such applicant has, at some time, prior4
	198	+	thereto, been convicted of a felony or other offense, involving moral5
	199	+	turpitude, and THE STATE OR LOCAL AGENCY SHALL GIVE CONSIDERATION6
	200	+	TO pertinent circumstances connected with such THE conviction shall be7
	201	+	given consideration in determining whether in fact, the applicant is8
	202	+	qualified. The intent of this section is to expand employment9
	203	+	opportunities for persons who, notwithstanding that fact of conviction of10
	204	+	an offense, have been rehabilitated and are ready to accept the11
	205	+	responsibilities of a law-abiding and productive member of society.12
	206	+	(II) A STATE AGENCY MAKING A FINDING PURSUANT TO13
	207	+	SUBSECTION (2)(a)(I) OF THIS SECTION MAY ONLY CONSIDER CONVICTIONS14
	208	+	PURSUANT TO SECTION 12-20-206.15
	209	+	(b) In evaluating an applicant, an A LOCAL agency shall comply16
	210	+	with subsection (4) of this section, and A STATE OR LOCAL AGENCY shall17
	211	+	not use the determination of the following information as a basis for18
	212	+	denial or taking adverse action against any applicant otherwise qualified:19
	213	+	(3) (b) (I) With the exception of the department of corrections and20
	214	+	the department of public safety, the A LOCAL agency shall not perform a21
	215	+	background check until the agency determines that an applicant is a22
	216	+	finalist or makes a conditional offer of employment to the applicant.23
	217	+	(c) If, after determining that an applicant is a finalist or after24
	218	+	making a conditional offer of employment to an applicant, the A LOCAL25
	219	+	agency determines that the applicant has a criminal history, the LOCAL26
	220	+	agency shall comply with subsection (4) of this section and shall not use27
	221	+	1004
	222	+	-7- the determination of the following information as a basis for not making1
	223	+	an offer of employment or for withdrawing the conditional offer of2
	224	+	employment:3
	225	+	(4) Except as provided in subsection (6) of this section, when4
	226	+	considering an applicant for a license, certification, permit, or registration5
	227	+	pursuant to subsection (2) of this section or, if, after determining that an6
	228	+	applicant is a finalist or making a conditional offer of employment to an7
	229	+	applicant, the A LOCAL agency determines that the applicant has a8
	230	+	conviction other than as described in subsection (2)(b) or (3)(c) of this9
	231	+	section, the LOCAL agency shall consider the following factors when10
	232	+	determining whether the conviction disqualifies the applicant:11
	233	+	(7) Before a state or local agency makes a final determination that12
	234	+	a criminal conviction disqualifies an applicant from receiving a license,13
	235	+	certification, permit, or registration, the agency shall provide the applicant14
	236	+	with written notice that describes:15
	237	+	SECTION 4. Appropriation. (1) For the 2024-25 state fiscal16
	238	+	year, $133,216 is appropriated to the department of regulatory agencies.17
	239	+	This appropriation is from the division of professions and occupations18
	240	+	cash fund created in section 12-20-105 (3), C.R.S. To implement this act,19
	241	+	the department may use this appropriation as follows:20
	242	+	(a) $80,203 for use by the division of professions and occupations21
	243	+	for personal services, which amount is based on an assumption that the22
	244	+	division will require an additional 1.2 FTE;23
	245	+	(b) $8,206 for use by the division of professions and occupations24
	246	+	for operating expenses; and25
	247	+	(c) $44,807 for the purchase of legal services.26
	248	+	(2) For the 2024-25 state fiscal year, $44,807 is appropriated to27
	249	+	1004
	250	+	-8- the department of law. This appropriation is from reappropriated funds1
	251	+	received from the department of regulatory agencies under subsection2
	252	+	(1)(c) of this section and is based on an assumption that the department3
	253	+	of law will require an additional 0.2 FTE. To implement this act, the4
	254	+	department of law may use this appropriation to provide legal services for5
	255	+	the department of regulatory agencies.6
	256	+	SECTION 5. Act subject to petition - effective date -7
	257	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following8
	258	+	the expiration of the ninety-day period after final adjournment of the9
	259	+	general assembly; except that, if a referendum petition is filed pursuant10
	260	+	to section 1 (3) of article V of the state constitution against this act or an11
	261	+	item, section, or part of this act within such period, then the act, item,12
	262	+	section, or part will not take effect unless approved by the people at the13
	263	+	general election to be held in November 2024 and, in such case, will take14
	264	+	effect on the date of the official declaration of the vote thereon by the15
	265	+	governor.16
	266	+	(2) This act applies to applications for registration, certification,17
	267	+	permitting, or licensure submitted on or after the applicable effective date18
	268	+	of this act.19
	269	+	1004
	270	+	-9-