First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0266.02 Josh Schultz x5486
SENATE BILL 25-146
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING ALIGNMENT OF FINGERPRINT -BASED CRIMINAL HISTORY101
RECORD CHECK LAWS WITH FEDERAL REQUIREMENTS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill allows a regulator of the following professions and
occupations to require an applicant for a license, certification, or
registration to submit to a fingerprint-based criminal history record check
(fingerprint-based record check):
! Audiologists;
! Certified midwives;
SENATE SPONSORSHIP
Rich and Michaelson Jenet,
HOUSE SPONSORSHIP
Hartsook and Lukens,
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. ! Cremationists;
! Dental hygienists;
! Dentists;
! Embalmers;
! Funeral directors;
! Licensed professional counselors;
! Mortuary science practitioners;
! Natural reductionists;
! Occupational therapists;
! Occupational therapy assistants;
! Physician assistants;
! Social workers; and
! Speech-language pathologists.
An applicant submitting to a fingerprint-based record check must
pay the costs associated with the fingerprint-based record check.
If an applicant's fingerprint-based record check reveals a record of
arrest without a disposition, the applicant must submit to a name-based
judicial record check.
A local government entity is authorized to perform a
fingerprint-based record check when a statute, rule, ordinance, or
regulation requires an individual to submit to a fingerprint-based record
check.
The bill also defines terms to clear ambiguity about who is eligible
to submit to, who is eligible to receive records from, and the type of
records an entity may receive from a fingerprint-based record check.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-20-202, amend2
(5) as follows:3
12-20-202. Licenses, certifications, and registrations - renewal4
- reinstatement - fees - occupational credential portability program5
- exceptions for military personnel, spouses, gold star military6
spouses, and dependents - rules - consideration of criminal7
convictions or driver's history - executive director authority -8
definitions. (5) Criminal convictions. (a) Unless there is a specific9
statutory disqualification that prohibits an applicant from obtaining10
licensure, certification, or registration based on a criminal conviction, if11
SB25-146-2- a regulator determines that an applicant for licensure, certification, or1
registration has a criminal record, the regulator is governed by sections2
12-20-206 and 24-5-101 for purposes of granting or denying, or placing3
any conditions on, licensure, certification, or registration.4
(b) A
REGULATOR MAY REQUIRE AN APPLICANT FOR A LICENSE ,5
CERTIFICATION, OR REGISTRATION ISSUED PURSUANT TO THE FOLLOWING6
SECTIONS TO SUBMIT TO A FINGERPRINT -BASED CRIMINAL HISTORY7
RECORD CHECK:8
(I) A
N AUDIOLOGIST LICENSED PURSUANT TO SECTION 12-210-105;9
(II) A
CERTIFIED MIDWIFE LICENSED PURSUANT TO SECTION10
12-255-111.5;11
(III) A
CREMATIONIST LICENSED PURSUANT TO SECTIONS12
12-135-501
(1) AND 12-135-902;13
(IV) A
DENTAL HYGIENIST LICENSED PURSUANT TO SECTION14
12-220-405
OR 12-220-407;15
(V) A
DENTIST LICENSED PURSUANT TO SECTION 12-220-401,16
12-220-402,
OR 12-220-404;17
(VI) A
N EMBALMER LICENSED PURSUANT TO SECTIONS 12-135-50118
(1)
AND 12-135-802;19
(VII) A
FUNERAL DIRECTOR LICENSED PURSUANT TO SECTIONS20
12-135-501
(1) AND 12-135-602;21
(VIII) A
LICENSED PROFESSIONAL COUNSELOR LICENSED22
PURSUANT TO SECTION 12-245-604;23
(IX) A
MORTUARY SCIENCE PRACTITIONER LICENSED PURSUANT TO24
SECTIONS 12-135-501 (1) AND 12-135-702;25
(X) A
NATURAL REDUCTIONIST LICENSED PURSUANT TO SECTIONS26
12-135-501
(1) AND 12-135-902;27
SB25-146
-3- (XI) AN OCCUPATIONAL THERAPIST LICENSED PURSUANT TO1
SECTIONS 12-270-106 (1) AND 12-270-107;2
(XII) A
N OCCUPATIONAL THERAPY ASSISTANT LICENSED3
PURSUANT TO SECTIONS 12-270-106 (2) AND 12-270-108;4
(XIII) A
PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION5
12-240-113;6
(XIV) A
SOCIAL WORKER LICENSED PURSUANT TO SECTION7
12-245-404;
OR8
(XV) A
SPEECH-LANGUAGE PATHOLOGIST CERTIFIED PURSUANT TO9
SECTIONS 12-305-106 AND 12-305-107.10
(c) A
N APPLICANT SUBMITTING TO A FINGERPRINT -BASED11
CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (5)(b) OF12
THIS SECTION SHALL PAY THE COSTS ASSOCIATED WITH THE13
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .14
(d) A
FTER SUBMITTING AN APPLICATION FOR A LICENSE ,15
CERTIFICATION, OR REGISTRATION, IF THE APPLICANT ELECTS TO SUBMIT16
TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK , THE17
APPLICANT SHALL HAVE THE APPLICANT 'S FINGERPRINTS TAKEN BY A18
LOCAL LAW ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE19
C
OLORADO BUREAU OF INVESTIGATION . THE APPLICANT SHALL20
AUTHORIZE THE ENTITY TAKING THE APPLICANT 'S FINGERPRINTS TO21
SUBMIT, AND THE ENTITY SHALL SUBMIT , THE COMPLETE SET OF THE22
APPLICANT'S FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION23
FOR THE PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL24
HISTORY RECORD CHECK.25
(e) I
F AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S26
FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED27
SB25-146
-4- USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN1
EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE APPLICANT 'S2
INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE INFORMATION IS3
COLLECTED.4
(f) T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE5
APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD6
CHECK USING THE BUREAU 'S RECORDS. THE COLORADO BUREAU OF7
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL8
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A9
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO10
BUREAU OF INVESTIGATION, THE APPLICANT, THE DEPARTMENT, AND THE11
ENTITY TAKING FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU12
OF INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY13
RECORD CHECK.14
(g) T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN15
THE RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE16
DEPARTMENT, AND THE DEPARTMENT IS AUTHORIZED TO RECEIVE THE17
RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION 'S CRIMINAL HISTORY18
RECORD CHECK. THE DEPARTMENT SHALL USE THE INFORMATION19
RESULTING FROM THE CRIMINAL HISTORY RECORD CHECKS TO20
INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO21
HOLD A LICENSE, CERTIFICATION, OR REGISTRATION PURSUANT TO THIS22
SECTION.23
(h) W
HEN THE RESULTS OF A CRIMINAL HISTORY RECORD CHECK24
OF AN APPLICANT PERFORMED PURSUANT TO THIS SECTION REVEAL A25
RECORD OF ARREST WITHOUT A DISPOSITION , THE DEPARTMENT SHALL26
REQUIRE THE APPLICANT TO SUBMIT TO A NAME -BASED JUDICIAL RECORD27
SB25-146
-5- CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING1
STATE JUDICIAL DEPARTMENT RECORDS .2
SECTION 2. In Colorado Revised Statutes, add 24-33.5-424.53
as follows:4
24-33.5-424.5. Fingerprint-based criminal history record5
checks - local government entities - state agencies - definition.6
(1) (a) A
LOCAL GOVERNMENT ENTITY OR A STATE REGULATORY AGENCY7
THAT REQUIRES BY STATUTE, RULE, ORDINANCE, OR REGULATION THAT AN8
INDIVIDUAL SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD9
CHECK SHALL SUBMIT THE INDIVIDUAL'S FINGERPRINTS TO THE COLORADO10
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING THE11
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .12
(b) T
HE INDIVIDUAL SHALL PAY THE COSTS ASSOCIATED WITH THE13
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .14
(c) A
FTER SUBMITTING AN APPLICATION THAT REQUIRES A15
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK , THE INDIVIDUAL16
SHALL HAVE THE INDIVIDUAL'S FINGERPRINTS TAKEN BY A LOCAL LAW17
ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE COLORADO18
BUREAU OF INVESTIGATION FOR THE PURPOSE OF OBTAINING A19
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE INDIVIDUAL20
SHALL AUTHORIZE THE ENTITY TAKING THE INDIVIDUAL 'S FINGERPRINTS21
TO SUBMIT, AND THE ENTITY SHALL SUBMIT, THE COMPLETE SET OF THE22
INDIVIDUAL'S FINGERPRINTS TO THE COLORADO BUREAU OF23
INVESTIGATION FOR THE PURPOSE OF CONDUCTING A FINGERPRINT -BASED24
CRIMINAL HISTORY RECORD CHECK .25
(d) I
F AN APPROVED THIRD PARTY TAKES THE INDIVIDUAL 'S26
FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED27
SB25-146
-6- USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN1
EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE INDIVIDUAL 'S2
INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE INFORMATION IS3
COLLECTED.4
(e) T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE5
INDIVIDUAL'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD6
CHECK USING THE BUREAU 'S RECORDS. THE COLORADO BUREAU OF7
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL8
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A9
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO10
BUREAU OF INVESTIGATION, INDIVIDUAL, LOCAL GOVERNMENT ENTITY OR11
STATE REGULATORY AGENCY , AND ENTITY TAKING FINGERPRINTS SHALL12
COMPLY WITH THE FEDERAL BUREAU OF INVESTIGATION 'S REQUIREMENTS13
TO CONDUCT A CRIMINAL HISTORY RECORD CHECK .14
(f) T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE15
RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE LOCAL16
GOVERNMENT ENTITY OR STATE REGULATORY AGENCY , AND THE LOCAL17
GOVERNMENT ENTITY OR STATE REGULATORY AGENCY IS AUTHORIZED TO18
RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION 'S19
CRIMINAL HISTORY RECORD CHECK . THE LOCAL GOVERNMENT ENTITY OR20
STATE REGULATORY AGENCY SHALL USE THE INFORMATION RESULTING21
FROM THE CRIMINAL HISTORY RECORD CHECKS TO INVESTIGATE AND22
DETERMINE WHETHER AN INDIVIDUAL IS QUALIFIED .23
(g) W
HEN THE RESULTS OF A FINGERPRINT -BASED CRIMINAL24
HISTORY RECORD CHECK OF AN INDIVIDUAL PERFORMED PURSUANT TO25
THIS SECTION REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION , THE26
LOCAL GOVERNMENT ENTITY OR STATE REGULATORY AGENCY SHALL27
SB25-146
-7- REQUIRE THE INDIVIDUAL TO SUBMIT TO A NAME-BASED JUDICIAL RECORD1
CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING2
STATE JUDICIAL DEPARTMENT RECORDS .3
(2) A
S USED IN THIS SECTION, "LOCAL GOVERNMENT ENTITY "4
INCLUDES A COUNTY, MUNICIPALITY, AND CITY AND COUNTY, AND A LAW5
ENFORCEMENT AGENCY OF THE FOREGOING .6
SECTION 3. In Colorado Revised Statutes, 12-135-502, add (7)7
as follows:8
12-135-502. Criminal history record checks - definition.9
(7) A
S USED IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE10
DIVISION OR THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST11
BE AN EMPLOYEE OF THE DIVISION.12
SECTION 4. In Colorado Revised Statutes, 12-255-111.5, add13
(6) as follows:14
12-255-111.5. Requirements for certified midwife licensure -15
license by endorsement - questionnaire - fees - definition. (6) A
S USED16
IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR17
THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST BE AN18
EMPLOYEE OF THE DIVISION.19
SECTION 5. In Colorado Revised Statutes, 26-6-705, amend20
(2)(a)(I) as follows:21
26-6-705. Approval of temporary caregiver - background22
check - training. (2) (a) A child placement agency operating a temporary23
care assistance program shall require an applicant to become an approved24
temporary caregiver and any other person who resides in the applicant's25
home and is eighteen years of age or older to submit to the following26
background checks:27
SB25-146
-8- (I) A fingerprint-based criminal history record check through the1
Colorado bureau of investigation and the federal bureau of investigation2
in the same manner as described in section 26-6-912 (1)(a)(I)(B). T
HE3
C
OLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS OBTAINED4
AS A RESULT OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK5
ONLY TO THE STATE DEPARTMENT , AND THE USE AND HANDLING OF THE6
INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE7
INFORMATION SERVICES SECURITY POLICY . INFORMATION REGARDING THE8
RESULT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK9
RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED10
TO A FACILITY OR AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANT11
IS ELIGIBLE OR INELIGIBLE OR THAT THE INVESTIGATION IS INCONCLUSIVE,12
WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE13
DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL14
ELIGIBILITY STATUS.15
SECTION 6. In Colorado Revised Statutes, 30-15-401.4, amend16
(2)(a.5) and (4)(c.5) as follows:17
30-15-401.4. Statewide policy to prevent the operation of illicit18
massage businesses - local regulation authorized - background checks19
required - legislative declaration - definitions. (2) As used in this20
section, unless the context otherwise requires:21
(a.5) "Background check" means a fingerprint-based criminal22
history record check conducted in accordance with subsection (4)(c.5) of23
this section and
SECTION 24-33.5-424.5. "BACKGROUND CHECK " also24
includes, to the extent allowed or required, as applicable, by subsection
25
(4)(c.5)(VI) of this section SECTION 24-33.5-424.5 (1)(g) when a26
fingerprint-based criminal history record check cannot be completed or27
SB25-146
-9- reveals a record of arrest without disposition, a criminal history record1
check using the Colorado bureau of investigation's records and a2
name-based judicial record check, as defined in section 22-2-119.3 (6)(d),3
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .4
(4) (c.5) (I) An applicant who holds a license or is applying for a5
license, an owner or prospective owner, or an employee or prospective6
employee shall submit to a fingerprint-based criminal history record7
check
PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5. The8
applicant, owner or prospective owner, or employee or prospective9
employee shall pay the costs associated with the fingerprint-based10
criminal history record check.11
(II) A person who
THAT is, as of the effective date of this12
subsection (4)(c.5), an applicant who holds a license, an owner, or an13
employee shall have the applicant's, owner's, or employee's fingerprints14
taken by a local law enforcement agency or any A third party approved by15
the Colorado bureau of investigation for the purpose of obtaining a16
fingerprint-based criminal history record check
PERFORMED IN17
ACCORDANCE WITH SECTION 24-33.5-424.5 no later than October 1, 2025.18
An applicant for a new license, a prospective owner, or a prospective
19
employee shall have the applicant's fingerprints taken by a local law20
enforcement agency or any third party approved by the Colorado bureau21
of investigation for the purpose of obtaining a fingerprint-based criminal22
history record check before, as applicable, being granted a license,23
assuming an ownership interest in a massage facility that would make the24
prospective owner an owner, or commencing employment with a massage25
facility. The applicant, owner or prospective owner, or employee or26
prospective employee shall authorize the entity taking the applicant's27
SB25-146
-10- fingerprints to submit, and the entity shall submit, the complete set of the1
applicant's fingerprints to the Colorado bureau of investigation for the2
purpose of conducting a fingerprint-based criminal history record check.3
(III) If an approved third party takes the applicant's, owner's or4
prospective owner's, or employee's or prospective employee's fingerprints,5
the fingerprints may be electronically captured using Colorado bureau of6
investigation-approved livescan equipment. Third-party vendors shall not7
keep the applicant's, owner's or prospective owner's, or employee's or8
prospective employee's information for more than thirty days.9
(IV) The Colorado bureau of investigation shall use the10
applicant's, owner's or prospective owner's, or employee's or prospective11
employee's fingerprints to conduct a criminal history record check using12
the bureau's records. The Colorado bureau of investigation shall also13
forward the fingerprints to the federal bureau of investigation for the14
purpose of conducting a national fingerprint-based criminal history record15
check. The Colorado bureau of investigation; the applicant, owner or16
prospective owner, or employee or prospective employee; the licensing17
authority; and the entity taking fingerprints shall comply with the federal18
bureau of investigation's requirements to conduct a fingerprint-based19
criminal history record check.20
(V) The Colorado bureau of investigation shall return the results21
of its criminal history record check to the licensing authority, and the22
licensing authority is authorized to receive the results of the federal23
bureau of investigation's criminal history record check. The licensing24
authority shall use the information resulting from the criminal history25
record checks to investigate and determine whether an applicant is26
qualified to hold a license or be an owner or employee pursuant to this27
SB25-146
-11- section.1
(VI) When the results of a fingerprint-based criminal history2
record check of an applicant performed pursuant to this section reveal a3
record of arrest without a disposition, the local licensing authority shall4
require the applicant to submit to a name-based judicial record check, as5
defined in section 22-2-119.3 (6)(d).6
SECTION 7. In Colorado Revised Statutes, 25-3.5-203, amend7
(4)(a) and (4)(g) as follows:8
25-3.5-203. Emergency medical service providers - licensure9
- renewal of license - duties of department - rules - record checks -10
definitions. (4) (a) The department shall require a certification or11
licensure applicant to submit to a federal bureau of investigation12
fingerprint-based national criminal history record check from the13
Colorado bureau of investigation to investigate the applicant for an14
emergency medical service provider certificate or license. The department15
may acquire a name-based judicial record check for a certificate or license16
applicant,
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .17
(g) When the results of a fingerprint-based criminal history record18
check of a person
AN INDIVIDUAL performed pursuant to this subsection19
(4) reveal a record of arrest without a disposition, the department20
government entity, or private, not-for-profit, or for-profit organization21
that required the fingerprint-based criminal history record check shall22
require that person INDIVIDUAL to submit to a name-based judicial record23
check, as defined in section 22-2-119.3 (6)(d),
PERFORMED USING STATE24
JUDICIAL DEPARTMENT RECORDS .25
SECTION 8. In Colorado Revised Statutes, 25-3.5-317, add26
(3)(a)(III) and (7) as follows:27
SB25-146
-12- 25-3.5-317. License - application - inspection - criminal history1
record check - issuance - investigation - definitions. (3) (a) (III) W
HEN2
THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK3
OF AN INDIVIDUAL PERFORMED PURSUANT TO THIS SUBSECTION (3) REVEAL4
A RECORD OF ARREST WITHOUT A DISPOSITION , THE DEPARTMENT SHALL5
REQUIRE THAT INDIVIDUAL TO SUBMIT TO A NAME -BASED JUDICIAL6
RECORD CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED7
USING STATE JUDICIAL DEPARTMENT RECORDS .8
(7) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE9
REQUIRES:10
(a) "O
PERATOR" MEANS AN INDIVIDUAL DESIGNATED BY AN11
AMBULANCE SERVICE AS RESPONSIBLE FOR THE DAY -TO-DAY OPERATIONS12
OF THE AMBULANCE SERVICE.13
(b) "O
WNER" MEANS AN OFFICER, DIRECTOR, GENERAL PARTNER,14
LIMITED PARTNER, OR OTHER INDIVIDUAL WITH A FINANCIAL OR EQUITY15
OWNERSHIP INTEREST OF FIFTY PERCENT OR MORE OF AN AMBULANCE16
SERVICE.17
SECTION 9. In Colorado Revised Statutes, 25-3.5-1305, amend18
(3)(a)(III) and (3)(a)(IV) as follows:19
25-3.5-1305. License - application - inspection - record check20
- issuance. (3) (a) (III) The department may acquire a name-based21
judicial record check,
PERFORMED USING STATE JUDICIAL DEPARTMENT22
RECORDS, for an owner, manager, or administrator.23
(IV) When the results of a fingerprint-based criminal history24
record check of a person
AN INDIVIDUAL performed pursuant to this25
subsection (3) reveal a record of arrest without a disposition, the26
department shall require that person INDIVIDUAL to submit to a27
SB25-146
-13- name-based judicial record check, as defined in section 22-2-119.3 (6)(d),1
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .2
SECTION 10. In Colorado Revised Statutes, 25-27-105, amend3
(2.5)(a), (2.5)(a.5), and (2.5)(a.7); and add (5) as follows:4
25-27-105. License - application - inspection - issuance -5
definitions. (2.5) (a) On July 1, 2002, as part of an original application6
and on and after July 1, 2002, on the first renewal of an application for7
assisted living residences licensed before July 1, 2002, for a license, an8
owner, applicant, or licensee shall request from a criminal justice agency9
designated by the department criminal history record information10
regarding such owner, applicant, or licensee. The information, upon such11
request and subject to any restrictions imposed by such agency, shall be12
forwarded by the criminal justice agency directly to the department WHEN13
SUBMITTING AN APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION ,14
OR WITHIN TEN DAYS AFTER A CHANGE IN OWNERSHIP OR A CHANGE IN THE15
LICENSEE, EACH OWNER, APPLICANT, OR LICENSEE SHALL SUBMIT A16
COMPLETE SET OF THE OWNER 'S, APPLICANT'S, OR LICENSEE'S17
FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE18
PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL HISTORY19
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL20
FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION21
FOR THE PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL22
HISTORY RECORD CHECK . THE COLORADO BUREAU OF INVESTIGATION23
SHALL FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS24
TO THE DEPARTMENT.25
(a.5) On and after July 1, 2002, the department may require that26
an administrator request from a criminal justice agency designated by the27
SB25-146
-14- department a criminal history record on such administrator. The1
information, upon such request and subject to any restrictions imposed by2
such agency, shall be forwarded by the criminal justice agency directly to3
the department THE DEPARTMENT MAY REQUIRE THAT AN ADMINISTRATOR4
SUBMIT A COMPLETE SET OF THE ADMINISTRATOR 'S FINGERPRINTS TO THE5
C
OLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF C ONDUCTING6
A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE7
C
OLORADO BUREAU OF INVESTIGATION SHALL FORWARD THE8
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE9
PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL HISTORY10
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL11
FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS TO12
THE DEPARTMENT.13
(a.7) When the results of a fingerprint-based criminal history14
record check of an applicant performed pursuant to this section reveal a15
record of arrest without a disposition, the department shall require that16
applicant to submit to a name-based judicial record check, as defined in17
section 22-2-119.3 (6)(d),
PERFORMED USING STATE JUDICIAL18
DEPARTMENT RECORDS .19
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
REQUIRES:21
(a) "A
DMINISTRATOR" MEANS AN INDIVIDUAL WHO CONTROLS AND22
SUPERVISES OR ATTEMPTS TO CONTROL AND SUPERVISE THE DAY -TO-DAY23
OPERATIONS OF AN ASSISTED LIVING RESIDENCE , INCLUDING AN24
INDIVIDUAL CONSIDERED AN INTERIM ADMINISTRATOR FOR THE PURPOSES25
OF SECTION 25-27-106 (4)(b).26
(b) "A
PPLICANT" MEANS AN INDIVIDUAL WHO IS SEEKING A27
SB25-146
-15- LICENSE TO OPERATE AN ASSISTED LIVING RESIDENCE .1
(c) (I) "O
WNER" MEANS AN INDIVIDUAL WHO IS A SOLE2
PROPRIETOR, A SHAREHOLDER IN A FOR -PROFIT OR NONPROFIT3
CORPORATION, A PARTNER IN A PARTNERSHIP OR LIMITED PARTNERSHIP ,4
OR A MEMBER IN A LIMITED LIABILITY COMPANY AND WHO HAS A5
FINANCIAL OR EQUITY INTEREST OF FIFTY PERCENT OR MORE IN THE6
ENTITY TO WHICH THE LICENSE TO OPERATE AN ASSISTED LIVING7
RESIDENCE IS ISSUED.8
(II) "O
WNER" INCLUDES A LICENSEE.9
SECTION 11. In Colorado Revised Statutes, 25-27.5-106,10
amend (3)(a) and (3)(a.5) as follows:11
25-27.5-106. License or registration - application - inspection12
- issuance - rules. (3) (a) With the submission of an application for a13
license or registration granted pursuant to this article 27.5, or within ten14
days after a change in the owner, manager, or administrator, each owner15
of a home care agency or home care placement agency and each manager16
or administrator of a home care agency or home care placement agency17
must
SHALL submit a complete set of the person's INDIVIDUAL'S18
fingerprints to the Colorado bureau of investigation for the purpose of19
conducting a state and national fingerprint-based criminal history record20
check. utilizing records of the Colorado bureau of investigation and the21
federal bureau of investigation THE COLORADO BUREAU OF22
INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL23
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A24
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . Each owner and25
each manager or administrator is responsible for paying the fee26
established by the Colorado bureau of investigation for conducting the27
SB25-146
-16- fingerprint-based criminal history record check to the bureau. Upon1
completion of the fingerprint-based criminal history record check, the2
bureau shall forward the results to the department.3
(a.5) When the results of a fingerprint-based criminal history4
record check of a person AN INDIVIDUAL performed pursuant to this5
subsection (3) reveal a record of arrest without a disposition, the6
department shall require that person INDIVIDUAL to submit to a7
name-based judicial record check, as defined in section 22-2-119.3 (6)(d),8
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .9
SECTION 12. In Colorado Revised Statutes, 26-5.7-110, amend10
(3)(f)(III); and add (1)(b.5) as follows:11
26-5.7-110. Host homes for youth - report - rules - definitions.12
(1) As used in this section, unless the context otherwise requires:13
(b.5) "O
RGANIZATION" MEANS A CHILD PLACEMENT AGENCY , A14
COUNTY OR DISTRICT DEPARTMENT OF HUMAN OR SOCIAL SERVICES , OR A15
HOMELESS YOUTH SHELTER .16
(3) To operate a host home program, an organization must:17
(f) Maintain accurate and up-to-date records documenting the18
following for each host home operating under the program:19
(III) A copy of the completed
DETERMINATION BY THE20
DEPARTMENT OF HUMAN SERVICES AS TO WHETHER THE INDIVIDUAL21
MEETS CRITERIA OR DOES NOT MEET CRITERIA FOR CERTIFICATION TO22
OPERATE A HOST HOME IN RESPONSE TO THE FINGERPRINT -BASED criminal23
history record check conducted pursuant to subsection (5) of this section24
for the individual operating the host home and all other individuals25
residing in the home who are eighteen years of age or older;26
SECTION 13. In Colorado Revised Statutes, 44-30-1603, amend27
SB25-146
-17- (1); and add (1.5), (6.1), and (6.5) as follows:1
44-30-1603. Definitions. As used in this part 16, unless the2
context otherwise requires:3
(1) "Confidential information" means information related to the4
play of a fantasy contest by fantasy contest players obtained as a result of5
or by virtue of a person's employment "APPLICANT" MEANS AN6
INDIVIDUAL OR ENTITY THAT HAS APPLIED FOR AN INITIAL LICENSE OR7
REGISTRATION OR A RENEWAL LICENSE OR REGISTRATION TO OPERATE IN8
C
OLORADO AS A FANTASY CONTEST OR A SMALL FANTASY CONTEST9
OPERATOR. AN APPLICANT MUST BE THE INDIVIDUAL OR ENTITY THAT IS10
RESPONSIBLE FOR THE FINANCIAL AND CONTRACTUAL OBLIGATIONS OF11
THE FANTASY CONTEST PROVIDER .12
(1.5) "C
ONFIDENTIAL INFORMATION " MEANS INFORMATION13
RELATED TO THE PLAY OF A FANTASY CONTEST BY FANTASY CONTEST14
PLAYERS OBTAINED AS A RESULT OF OR BY VIRTUE OF AN INDIVIDUAL 'S15
EMPLOYMENT.16
(6.1) "G
ENERAL PARTNER" MEANS AN INDIVIDUAL ENGAGED WITH17
AT LEAST ONE OTHER INDIVIDUAL FOR THE PURPOSE OF JOINT PROFIT ,18
THEREBY CREATING A GENERAL PARTNERSHIP .19
(6.5) "M
ANAGING OFFICER" MEANS AN INDIVIDUAL WHO MANAGES20
THE DAY-TO-DAY OPERATIONS OF A FANTASY CONTEST AND IS21
RESPONSIBLE FOR EXECUTING THE DECISIONS MADE BY THE BOARD OF22
DIRECTORS OF THE FANTASY CONTEST , IF APPLICABLE.23
SECTION 14. Safety clause. The general assembly finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety or for appropriations for26
SB25-146
-18- the support and maintenance of the departments of the state and state1
institutions.2
SB25-146
-19-