First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
February 28, 2025
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
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
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
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
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, THE LOCAL GOVERNMENT ENTITY , OR THE
13
STATE REGULATORY AGENCY , AS REQUIRED BY STATUTE , RULE,14
ORDINANCE, OR REGULATION, SHALL PAY THE COSTS ASSOCIATED WITH15
THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .16
(c) A
FTER SUBMITTING AN APPLICATION THAT REQUIRES A17
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK , THE INDIVIDUAL18
SHALL HAVE THE INDIVIDUAL'S FINGERPRINTS TAKEN BY A LOCAL LAW19
ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE COLORADO20
BUREAU OF INVESTIGATION FOR THE PURPOSE OF OBTAINING A21
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE INDIVIDUAL22
SHALL AUTHORIZE THE ENTITY TAKING THE INDIVIDUAL 'S FINGERPRINTS23
TO SUBMIT, AND THE ENTITY SHALL SUBMIT, THE COMPLETE SET OF THE24
INDIVIDUAL'S FINGERPRINTS TO THE COLORADO BUREAU OF25
INVESTIGATION FOR THE PURPOSE OF CONDUCTING A FINGERPRINT -BASED26
CRIMINAL HISTORY RECORD CHECK .27
146
-6- (d) IF AN APPROVED THIRD PARTY TAKES THE INDIVIDUAL 'S1
FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED2
USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN3
EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE INDIVIDUAL 'S4
INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE INFORMATION IS5
COLLECTED.6
(e) T
HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE7
INDIVIDUAL'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD8
CHECK USING THE BUREAU 'S RECORDS. THE COLORADO BUREAU OF9
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL10
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A11
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO12
BUREAU OF INVESTIGATION, INDIVIDUAL, LOCAL GOVERNMENT ENTITY OR13
STATE REGULATORY AGENCY , AND ENTITY TAKING FINGERPRINTS SHALL14
COMPLY WITH THE FEDERAL BUREAU OF INVESTIGATION 'S REQUIREMENTS15
TO CONDUCT A CRIMINAL HISTORY RECORD CHECK .16
(f) T
HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE17
RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE LOCAL18
GOVERNMENT ENTITY OR STATE REGULATORY AGENCY , AND THE LOCAL19
GOVERNMENT ENTITY OR STATE REGULATORY AGENCY IS AUTHORIZED TO20
RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION 'S21
CRIMINAL HISTORY RECORD CHECK . THE LOCAL GOVERNMENT ENTITY OR22
STATE REGULATORY AGENCY SHALL USE THE INFORMATION RESULTING23
FROM THE CRIMINAL HISTORY RECORD CHECKS TO INVESTIGATE AND24
DETERMINE WHETHER AN INDIVIDUAL IS QUALIFIED .25
(g) W
HEN THE RESULTS OF A FINGERPRINT -BASED CRIMINAL26
HISTORY RECORD CHECK OF AN INDIVIDUAL PERFORMED PURSUANT TO27
146
-7- THIS SECTION REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION , THE1
LOCAL GOVERNMENT ENTITY OR STATE REGULATORY AGENCY SHALL2
REQUIRE THE INDIVIDUAL TO SUBMIT TO A NAME-BASED JUDICIAL RECORD3
CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING4
STATE JUDICIAL DEPARTMENT RECORDS .5
(2) A
S USED IN THIS SECTION, "LOCAL GOVERNMENT ENTITY "6
INCLUDES A COUNTY, MUNICIPALITY, AND CITY AND COUNTY, AND A LAW7
ENFORCEMENT AGENCY OF THE FOREGOING .8
SECTION 3. In Colorado Revised Statutes, 12-135-502, add (7)9
as follows:10
12-135-502. Criminal history record checks - definition.11
(7) A
S USED IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE12
DIVISION OR THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST13
BE AN EMPLOYEE OF THE DIVISION.14
SECTION 4. In Colorado Revised Statutes, 12-255-111.5, add15
(6) as follows:16
12-255-111.5. Requirements for certified midwife licensure -17
license by endorsement - questionnaire - fees - definition. (6) A
S USED18
IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR19
THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST BE AN20
EMPLOYEE OF THE DIVISION.21
SECTION 5. In Colorado Revised Statutes, 26-6-705, amend22
(2)(a)(I) as follows:23
26-6-705. Approval of temporary caregiver - background24
check - training. (2) (a) A child placement agency operating a temporary25
care assistance program shall require an applicant to become an approved26
temporary caregiver and any other person who resides in the applicant's27
146
-8- home and is eighteen years of age or older to submit to the following1
background checks:2
(I) A fingerprint-based criminal history record check through the3
Colorado bureau of investigation and the federal bureau of investigation4
in the same manner as described in section 26-6-912 (1)(a)(I)(B). T
HE5
C
OLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS OBTAINED6
AS A RESULT OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK7
ONLY TO THE STATE DEPARTMENT , AND THE USE AND HANDLING OF THE8
INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE9
INFORMATION SERVICES SECURITY POLICY. INFORMATION REGARDING THE10
RESULT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK11
RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED12
TO A FACILITY OR AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANT13
IS ELIGIBLE OR INELIGIBLE OR THAT THE INVESTIGATION IS INCONCLUSIVE,14
WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE15
DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL16
ELIGIBILITY STATUS.17
SECTION 6. In Colorado Revised Statutes, 30-15-401.4, amend18
(2)(a.5) and (4)(c.5) as follows:19
30-15-401.4. Statewide policy to prevent the operation of illicit20
massage businesses - local regulation authorized - background checks21
required - legislative declaration - definitions. (2) As used in this22
section, unless the context otherwise requires:23
(a.5) "Background check" means a fingerprint-based criminal24
history record check conducted in accordance with subsection (4)(c.5) of25
this section and
SECTION 24-33.5-424.5. "BACKGROUND CHECK " also26
includes, to the extent allowed or required, as applicable, by subsection
27
146
-9- (4)(c.5)(VI) of this section SECTION 24-33.5-424.5 (1)(g) when a1
fingerprint-based criminal history record check cannot be completed or2
reveals a record of arrest without disposition, a criminal history record3
check using the Colorado bureau of investigation's records and a4
name-based judicial record check, as defined in section 22-2-119.3 (6)(d),5
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .6
(4) (c.5) (I) An applicant who holds a license or is applying for a7
license, an owner or prospective owner, or an employee or prospective8
employee shall submit to a fingerprint-based criminal history record9
check
PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5. The10
applicant, owner or prospective owner, or employee or prospective11
employee shall pay the costs associated with the fingerprint-based12
criminal history record check.13
(II) A person who
THAT is, as of the effective date of this14
subsection (4)(c.5), an applicant who holds a license, an owner, or an15
employee shall have the applicant's, owner's, or employee's fingerprints16
taken by a local law enforcement agency or any A third party approved by17
the Colorado bureau of investigation for the purpose of obtaining a18
fingerprint-based criminal history record check
PERFORMED IN19
ACCORDANCE WITH SECTION 24-33.5-424.5 no later than October 1, 2025.20
An applicant for a new license, a prospective owner, or a prospective
21
employee shall have the applicant's fingerprints taken by a local law22
enforcement agency or any third party approved by the Colorado bureau23
of investigation for the purpose of obtaining a fingerprint-based criminal24
history record check before, as applicable, being granted a license,25
assuming an ownership interest in a massage facility that would make the26
prospective owner an owner, or commencing employment with a massage27
146
-10- facility. The applicant, owner or prospective owner, or employee or1
prospective employee shall authorize the entity taking the applicant's2
fingerprints to submit, and the entity shall submit, the complete set of the3
applicant's fingerprints to the Colorado bureau of investigation for the4
purpose of conducting a fingerprint-based criminal history record check.5
(III) If an approved third party takes the applicant's, owner's or6
prospective owner's, or employee's or prospective employee's fingerprints,7
the fingerprints may be electronically captured using Colorado bureau of8
investigation-approved livescan equipment. Third-party vendors shall not9
keep the applicant's, owner's or prospective owner's, or employee's or10
prospective employee's information for more than thirty days.11
(IV) The Colorado bureau of investigation shall use the12
applicant's, owner's or prospective owner's, or employee's or prospective13
employee's fingerprints to conduct a criminal history record check using14
the bureau's records. The Colorado bureau of investigation shall also15
forward the fingerprints to the federal bureau of investigation for the16
purpose of conducting a national fingerprint-based criminal history record17
check. The Colorado bureau of investigation; the applicant, owner or18
prospective owner, or employee or prospective employee; the licensing19
authority; and the entity taking fingerprints shall comply with the federal20
bureau of investigation's requirements to conduct a fingerprint-based21
criminal history record check.22
(V) The Colorado bureau of investigation shall return the results23
of its criminal history record check to the licensing authority, and the24
licensing authority is authorized to receive the results of the federal25
bureau of investigation's criminal history record check. The licensing26
authority shall use the information resulting from the criminal history27
146
-11- record checks to investigate and determine whether an applicant is1
qualified to hold a license or be an owner or employee pursuant to this2
section.3
(VI) When the results of a fingerprint-based criminal history4
record check of an applicant performed pursuant to this section reveal a5
record of arrest without a disposition, the local licensing authority shall6
require the applicant to submit to a name-based judicial record check, as7
defined in section 22-2-119.3 (6)(d).8
SECTION 7. In Colorado Revised Statutes, 25-3.5-203, amend9
(4)(a) and (4)(g) as follows:10
25-3.5-203. Emergency medical service providers - licensure11
- renewal of license - duties of department - rules - record checks -12
definitions. (4) (a) The department shall require a certification or13
licensure applicant to submit to a federal bureau of investigation14
fingerprint-based national criminal history record check from the15
Colorado bureau of investigation to investigate the applicant for an16
emergency medical service provider certificate or license. The department17
may acquire a name-based judicial record check for a certificate or license18
applicant,
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .19
(g) When the results of a fingerprint-based criminal history record20
check of a person
AN INDIVIDUAL performed pursuant to this subsection21
(4) reveal a record of arrest without a disposition, the department22
government entity, or private, not-for-profit, or for-profit organization23
that required the fingerprint-based criminal history record check shall24
require that person INDIVIDUAL to submit to a name-based judicial record25
check, as defined in section 22-2-119.3 (6)(d),
PERFORMED USING STATE26
JUDICIAL DEPARTMENT RECORDS .27
146
-12- SECTION 8. In Colorado Revised Statutes, 25-3.5-317, add1
(3)(a)(III) and (7) as follows:2
25-3.5-317. License - application - inspection - criminal history3
record check - issuance - investigation - definitions. (3) (a) (III) W
HEN4
THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK5
OF AN INDIVIDUAL PERFORMED PURSUANT TO THIS SUBSECTION (3) REVEAL6
A RECORD OF ARREST WITHOUT A DISPOSITION , THE DEPARTMENT SHALL7
REQUIRE THAT INDIVIDUAL TO SUBMIT TO A NAME -BASED JUDICIAL8
RECORD CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED9
USING STATE JUDICIAL DEPARTMENT RECORDS .10
(7) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE11
REQUIRES:12
(a) "O
PERATOR" MEANS AN INDIVIDUAL DESIGNATED BY AN13
AMBULANCE SERVICE AS RESPONSIBLE FOR THE DAY -TO-DAY OPERATIONS14
OF THE AMBULANCE SERVICE.15
(b) "O
WNER" MEANS AN OFFICER, DIRECTOR, GENERAL PARTNER,16
LIMITED PARTNER, OR OTHER INDIVIDUAL WITH A FINANCIAL OR EQUITY17
OWNERSHIP INTEREST OF FIFTY PERCENT OR MORE OF AN AMBULANCE18
SERVICE.19
SECTION 9. In Colorado Revised Statutes, 25-3.5-1305, amend20
(3)(a)(III) and (3)(a)(IV) as follows:21
25-3.5-1305. License - application - inspection - record check22
- issuance. (3) (a) (III) The department may acquire a name-based23
judicial record check,
PERFORMED USING STATE JUDICIAL DEPARTMENT24
RECORDS, for an owner, manager, or administrator.25
(IV) When the results of a fingerprint-based criminal history26
record check of a person
AN INDIVIDUAL performed pursuant to this27
146
-13- subsection (3) reveal a record of arrest without a disposition, the1
department shall require that person INDIVIDUAL to submit to a2
name-based judicial record check, as defined in section 22-2-119.3 (6)(d),3
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .4
SECTION 10. In Colorado Revised Statutes, 25-27-105, amend5
(2.5)(a), (2.5)(a.5), and (2.5)(a.7); and add (5) as follows:6
25-27-105. License - application - inspection - issuance -7
definitions. (2.5) (a) On July 1, 2002, as part of an original application
8
and on and after July 1, 2002, on the first renewal of an application for9
assisted living residences licensed before July 1, 2002, for a license, an10
owner, applicant, or licensee shall request from a criminal justice agency11
designated by the department criminal history record information12
regarding such owner, applicant, or licensee. The information, upon such13
request and subject to any restrictions imposed by such agency, shall be14
forwarded by the criminal justice agency directly to the department WHEN15
SUBMITTING AN APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION ,16
OR WITHIN TEN DAYS AFTER A CHANGE IN OWNERSHIP OR A CHANGE IN THE17
LICENSEE, EACH OWNER, APPLICANT, OR LICENSEE SHALL SUBMIT A18
COMPLETE SET OF THE OWNER 'S, APPLICANT'S, OR LICENSEE'S19
FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE20
PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL HISTORY21
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL22
FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION23
FOR THE PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL24
HISTORY RECORD CHECK . THE COLORADO BUREAU OF INVESTIGATION25
SHALL FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS26
TO THE DEPARTMENT.27
146
-14- (a.5) On and after July 1, 2002, the department may require that1
an administrator request from a criminal justice agency designated by the2
department a criminal history record on such administrator. The3
information, upon such request and subject to any restrictions imposed by4
such agency, shall be forwarded by the criminal justice agency directly to5
the department THE DEPARTMENT MAY REQUIRE THAT AN ADMINISTRATOR6
SUBMIT A COMPLETE SET OF THE ADMINISTRATOR 'S FINGERPRINTS TO THE7
C
OLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING8
A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE9
C
OLORADO BUREAU OF INVESTIGATION SHALL FORWARD THE10
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE11
PURPOSE OF CONDUCTING A FINGERPRINT -BASED CRIMINAL HISTORY12
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL13
FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS TO14
THE DEPARTMENT.15
(a.7) When the results of a fingerprint-based criminal history16
record check of an applicant performed pursuant to this section reveal a17
record of arrest without a disposition, the department shall require that18
applicant to submit to a name-based judicial record check, as defined in19
section 22-2-119.3 (6)(d),
PERFORMED USING STATE JUDICIAL20
DEPARTMENT RECORDS .21
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE22
REQUIRES:23
(a) "A
DMINISTRATOR" MEANS AN INDIVIDUAL WHO CONTROLS AND24
SUPERVISES OR ATTEMPTS TO CONTROL AND SUPERVISE THE DAY -TO-DAY25
OPERATIONS OF AN ASSISTED LIVING RESIDENCE , INCLUDING AN26
INDIVIDUAL CONSIDERED AN INTERIM ADMINISTRATOR FOR THE PURPOSES27
146
-15- OF SECTION 25-27-106 (4)(b).1
(b) "A
PPLICANT" MEANS AN INDIVIDUAL WHO IS SEEKING A2
LICENSE TO OPERATE AN ASSISTED LIVING RESIDENCE .3
(c) (I) "O
WNER" MEANS AN INDIVIDUAL WHO IS A SOLE4
PROPRIETOR, A SHAREHOLDER IN A FOR -PROFIT OR NONPROFIT5
CORPORATION, A PARTNER IN A PARTNERSHIP OR LIMITED PARTNERSHIP ,6
OR A MEMBER IN A LIMITED LIABILITY COMPANY AND WHO HAS A7
FINANCIAL OR EQUITY INTEREST OF FIFTY PERCENT OR MORE IN THE8
ENTITY TO WHICH THE LICENSE TO OPERATE AN ASSISTED LIVING9
RESIDENCE IS ISSUED.10
(II) "O
WNER" INCLUDES A LICENSEE.11
SECTION 11. In Colorado Revised Statutes, 25-27.5-106,12
amend (3)(a) and (3)(a.5) as follows:13
25-27.5-106. License or registration - application - inspection14
- issuance - rules. (3) (a) With the submission of an application for a15
license or registration granted pursuant to this article 27.5, or within ten16
days after a change in the owner, manager, or administrator, each owner17
of a home care agency or home care placement agency and each manager18
or administrator of a home care agency or home care placement agency19
must
SHALL submit a complete set of the person's INDIVIDUAL'S20
fingerprints to the Colorado bureau of investigation for the purpose of21
conducting a state and national fingerprint-based criminal history record22
check. utilizing records of the Colorado bureau of investigation and the23
federal bureau of investigation THE COLORADO BUREAU OF24
INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL25
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A26
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . Each owner and27
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-16- each manager or administrator is responsible for paying the fee1
established by the Colorado bureau of investigation for conducting the2
fingerprint-based criminal history record check to the bureau. Upon3
completion of the fingerprint-based criminal history record check, the4
bureau shall forward the results to the department.5
(a.5) When the results of a fingerprint-based criminal history6
record check of a person AN INDIVIDUAL performed pursuant to this7
subsection (3) reveal a record of arrest without a disposition, the8
department shall require that person INDIVIDUAL to submit to a9
name-based judicial record check, as defined in section 22-2-119.3 (6)(d),10
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .11
SECTION 12. In Colorado Revised Statutes, 26-5.7-110, amend12
(3)(f)(III); and add (1)(b.5) as follows:13
26-5.7-110. Host homes for youth - report - rules - definitions.14
(1) As used in this section, unless the context otherwise requires:15
(b.5) "O
RGANIZATION" MEANS A CHILD PLACEMENT AGENCY , A16
COUNTY OR DISTRICT DEPARTMENT OF HUMAN OR SOCIAL SERVICES , OR A17
HOMELESS YOUTH SHELTER .18
(3) To operate a host home program, an organization must:19
(f) Maintain accurate and up-to-date records documenting the20
following for each host home operating under the program:21
(III) A copy of the completed
DETERMINATION BY THE22
DEPARTMENT OF HUMAN SERVICES AS TO WHETHER THE INDIVIDUAL23
MEETS CRITERIA OR DOES NOT MEET CRITERIA FOR CERTIFICATION TO24
OPERATE A HOST HOME IN RESPONSE TO THE FINGERPRINT -BASED criminal25
history record check conducted pursuant to subsection (5) of this section26
for the individual operating the host home and all other individuals27
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-17- residing in the home who are eighteen years of age or older;1
SECTION 13. In Colorado Revised Statutes, 44-30-1603, amend2
(1); and add (1.5), (6.1), and (6.5) as follows:3
44-30-1603. Definitions. As used in this part 16, unless the4
context otherwise requires:5
(1) "Confidential information" means information related to the6
play of a fantasy contest by fantasy contest players obtained as a result of7
or by virtue of a person's employment "APPLICANT" MEANS AN8
INDIVIDUAL OR ENTITY THAT HAS APPLIED FOR AN INITIAL LICENSE OR9
REGISTRATION OR A RENEWAL LICENSE OR REGISTRATION TO OPERATE IN10
C
OLORADO AS A FANTASY CONTEST OR A SMALL FANTASY CONTEST11
OPERATOR. AN APPLICANT MUST BE THE INDIVIDUAL OR ENTITY THAT IS12
RESPONSIBLE FOR THE FINANCIAL AND CONTRACTUAL OBLIGATIONS OF13
THE FANTASY CONTEST PROVIDER .14
(1.5) "C
ONFIDENTIAL INFORMATION " MEANS INFORMATION15
RELATED TO THE PLAY OF A FANTASY CONTEST BY FANTASY CONTEST16
PLAYERS OBTAINED AS A RESULT OF OR BY VIRTUE OF AN INDIVIDUAL 'S17
EMPLOYMENT.18
(6.1) "G
ENERAL PARTNER" MEANS AN INDIVIDUAL ENGAGED WITH19
AT LEAST ONE OTHER INDIVIDUAL FOR THE PURPOSE OF JOINT PROFIT ,20
THEREBY CREATING A GENERAL PARTNERSHIP .21
(6.5) "M
ANAGING OFFICER" MEANS AN INDIVIDUAL WHO MANAGES22
THE DAY-TO-DAY OPERATIONS OF A FANTASY CONTEST AND IS23
RESPONSIBLE FOR EXECUTING THE DECISIONS MADE BY THE BOARD OF24
DIRECTORS OF THE FANTASY CONTEST , IF APPLICABLE.25
SECTION 14. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
146
-18- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
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