Colorado 2025 Regular Session

Colorado Senate Bill SB146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0266.02 Josh Schultz x5486
1	8		SENATE BILL 25-146
2		-	BY SENATOR(S) Rich and Michaelson Jenet, Ball, Catlin, Liston,
3		-	Sullivan;
4		-	also REPRESENTATIVE(S) Hartsook and Lukens, Bird, Clifford, Duran,
5		-	Lindsay.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology Business Affairs & Labor
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING ALIGNMENT OF FINGERPRINT -BASED CRIMINAL HISTORY
8		-	RECORD CHECK LAWS WITH FEDERAL REQUIREMENTS
9		-	.
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, 12-20-202, amend (5)
12		-	as follows:
13		-	12-20-202. Licenses, certifications, and registrations - renewal
14		-	- reinstatement - fees - occupational credential portability program -
15		-	exceptions for military personnel, spouses, gold star military spouses,
16		-	and dependents - rules - consideration of criminal convictions or
17		-	driver's history - executive director authority - definitions.
18		-	(5) Criminal convictions. (a) Unless there is a specific statutory
19		-	disqualification that prohibits an applicant from obtaining licensure,
20		-	certification, or registration based on a criminal conviction, if a regulator
21		-	determines that an applicant for licensure, certification, or registration has
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. a criminal record, the regulator is governed by sections 12-20-206 and
30		-	24-5-101 for purposes of granting or denying, or placing any conditions on,
31		-	licensure, certification, or registration.
32		-	(b) A
33		-	REGULATOR MAY REQUIRE AN APPLICANT FOR A LICENSE ,
34		-	CERTIFICATION, OR REGISTRATION ISSUED PURSUANT TO THE FOLLOWING
35		-	SECTIONS TO SUBMIT TO A FINGERPRINT
36		-	-BASED CRIMINAL HISTORY RECORD
37		-	CHECK
38		-	:
39		-	(I) A
40		-	FUNERAL DIRECTOR LICENSED PURSUANT TO PARTS 5 AND 6 OF
41		-	ARTICLE
42		-	135 OF THIS TITLE 12;
43		-	(II) A
44		-	MORTUARY SCIENCE PRACTITIONER LICENSED PURSUANT TO
45		-	PARTS
46		-	5 AND 7 OF ARTICLE 135 OF THIS TITLE 12;
47		-	(III) A
48		-	N EMBALMER LICENSED PURSUANT TO PARTS 5 AND 8 OF
49		-	ARTICLE
50		-	135 OF THIS TITLE 12;
51		-	(IV) A
52		-	CREMATIONIST LICENSED PURSUANT TO PARTS 5 AND 9 OF
53		-	ARTICLE
54		-	135 OF THIS TITLE 12;
55		-	(V) A
56		-	NATURAL REDUCTIONIST LICENSED PURSUANT TO PARTS 5 AND
57		-	9 OF ARTICLE 135 OF THIS TITLE 12;
58		-	(VI) A
59		-	N AUDIOLOGIST LICENSED PURSUANT TO ARTICLE 210 OF THIS
60		-	TITLE
61		-	12;
62		-	(VII) A
63		-	DENTAL HYGIENIST LICENSED PURSUANT TO SECTIONS
64		-	12-220-405 TO 12-220-407;
65		-	(VIII) A
66		-	DENTIST LICENSED PURSUANT TO SECTIONS 12-220-401 TO
67		-	12-220-404;
68		-	(IX) A
69		-	PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION
70		-	12-240-113;
71		-	(X) A
72		-	SOCIAL WORKER LICENSED PURSUANT TO PART 4 OF ARTICLE
73		-	245 OF THIS TITLE 12;
74		-	(XI) A
75		-	LICENSED PROFESSIONAL COUNSELOR LICENSED PURSUANT TO
76		-	PAGE 2-SENATE BILL 25-146 PART 6 OF ARTICLE 245 OF THIS TITLE 12;
77		-	(XII) A
78		-	CERTIFIED MIDWIFE LICENSED PURSUANT TO SECTION
79		-	12-255-111.5;
80		-	(XIII) A
81		-	N OCCUPATIONAL THERAPIST LICENSED PURSUANT TO
82		-	SECTIONS
83		-	12-270-106 (1) AND 12-270-107;
84		-	(XIV) A
85		-	N OCCUPATIONAL THERAPY ASSISTANT LICENSED PURS UANT
86		-	TO SECTIONS
87		-	12-270-106 (2) AND 12-270-108; OR
88		-	(XV) A SPEECH-LANGUAGE PATHOLOGIST CERTIFIED PURSUANT TO
89		-	ARTICLE
90		-	305 OF THIS TITLE 12.
91		-	(c) A
92		-	N APPLICANT SUBMITTING TO A FINGERPRINT-BASED CRIMINAL
93		-	HISTORY RECORD CHECK PURSUANT TO SUBSECTION
94		-	(5)(b) OF THIS SECTION
95		-	MUST PAY THE COSTS ASSOCIATED WITH THE FINGERPRINT
96		-	-BASED CRIMINAL
97		-	HISTORY RECORD CHECK
98		-	.
99		-	(d) A
100		-	FTER SUBMITTING AN APPLICATION FOR A LICENSE ,
101		-	CERTIFICATION, OR REGISTRATION, IF THE APPLICANT SUBMITS TO A
102		-	FINGERPRINT
103		-	-BASED CRIMINAL HISTORY RECORD CHECK , THE APPLICANT
104		-	SHALL HAVE THE APPLICANT
105		-	'S FINGERPRINTS TAKEN BY A LOCAL LAW
106		-	ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE
107		-	COLORADO
108		-	BUREAU OF INVESTIGATION
109		-	. THE APPLICANT SHALL AUTHORIZE THE ENTITY
110		-	TAKING THE APPLICANT
111		-	'S FINGERPRINTS TO SUBMIT, AND THE ENTITY SHALL
112		-	SUBMIT
113		-	, THE COMPLETE SET OF THE APPLICANT 'S FINGERPRINTS TO THE
114		-	COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING
115		-	A FINGERPRINT
116		-	-BASED CRIMINAL HISTORY RECORD CHECK .
117		-	(e) I
118		-	F AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S
119		-	FINGERPRINTS
120		-	, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED
121		-	USING
122		-	COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN
123		-	EQUIPMENT
124		-	. A THIRD-PARTY VENDOR SHALL NOT KEEP THE APPLICANT 'S
125		-	INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE INFORMATION IS
126		-	COLLECTED
127		-	.
128		-	(f) T
129		-	HE COLORADO BUREAU OF INVESTIGATION SHALL USE THE
130		-	APPLICANT
131		-	'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD
132		-	CHECK USING THE BUREAU
133		-	'S RECORDS. THE COLORADO BUREAU OF
134		-	PAGE 3-SENATE BILL 25-146 INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL
135		-	BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
136		-	FINGERPRINT
137		-	-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
138		-	BUREAU OF INVESTIGATION
139		-	, THE APPLICANT, THE DEPARTMENT, AND THE
140		-	ENTITY TAKING FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU
141		-	OF INVESTIGATION
142		-	'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY
143		-	RECORD CHECK
144		-	.
145		-	(g) T
146		-	HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE
147		-	RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE DEPARTMENT
148		-	,
149		-	AND THE DEPARTMENT IS AUTHORIZED TO RECEIVE THE RESULTS OF THE
150		-	FEDERAL BUREAU OF INVESTIGATION
151		-	'S CRIMINAL HISTORY RECORD CHECK .
152		-	T
153		-	HE DEPARTMENT SHALL USE THE INFORMATION RESULTING FROM THE
154		-	CRIMINAL HISTORY RECORD CHECKS TO INVESTIGATE AND DETERMINE
155		-	WHETHER AN APPLICANT IS QUALIFIED TO HOLD A LICENSE
156		-	, CERTIFICATION,
157		-	OR REGISTRATION PURSUANT TO THIS SECTION AND THE FOLLOWING SECTION
158		-	FOR THE FOLLOWING APPLICANT OR LICENSEE
159		-	:
160		-	(I) S
161		-	ECTION 12-135-503 FOR A CREMATIONIST, AN EMBALMER, A
162		-	FUNERAL DIRECTOR
163		-	, A MORTUARY SCIENCE PRACTITIONER , OR A NATURAL
164		-	REDUCTIONIST
165		-	;
166		-	(II) S
167		-	ECTION 12-210-108 FOR AN AUDIOLOGIST;
168		-	(III) S
169		-	ECTION 12-220-201 FOR A DENTIST OR A DENTAL HYGIENIST;
170		-	(IV) S
171		-	ECTION 12-240-121 FOR A PHYSICIAN ASSISTANT;
172		-	(V) S
173		-	ECTION 12-245-224 FOR A LICENSED PROFESSIONAL COUNSELOR
174		-	OR A SOCIAL WORKER
175		-	;
176		-	(VI) S
177		-	ECTION 12-255-120 FOR A CERTIFIED MIDWIFE;
178		-	(VII) S
179		-	ECTION 12-270-114 FOR AN OCCUPATIONAL THERAPIST OR AN
180		-	OCCUPATIONAL THERAPY ASSISTANT
181		-	; OR
182		-	(VIII) SECTION 12-305-112 FOR A SPEECH-LANGUAGE PATHOLOGIST.
183		-	(h) W
184		-	HEN THE RESULTS OF A CRIMINAL HISTORY RECORD CHECK OF
185		-	AN APPLICANT PERFORMED PURSUANT TO THIS SECTION REVEAL A RECORD
186		-	PAGE 4-SENATE BILL 25-146 OF ARREST WITHOUT A DISPOSITION, THE DEPARTMENT SHALL REQUIRE THE
187		-	APPLICANT TO SUBMIT TO A NAME
188		-	-BASED JUDICIAL RECORD CHECK , AS
189		-	DEFINED IN SECTION
190		-	22-2-119.3 (6)(d), PERFORMED USING STATE JUDICIAL
191		-	DEPARTMENT RECORDS
192		-	.
193		-	SECTION 2. In Colorado Revised Statutes, add 24-33.5-424.5 as
194		-	follows:
195		-	24-33.5-424.5. Fingerprint-based criminal history record checks
196		-	- local government entities - definitions. (1) (a) A
197		-	LOCAL GOVERNMENT
198		-	ENTITY THAT REQUIRES BY ORDINANCE OR RESOLUTION
199		-	, IN ACCORDANCE
200		-	WITH
201		-	34 U.S.C. SEC. 41101, THAT AN APPLICANT OR LICENSEE SUBMIT TO A
202		-	FINGERPRINT
203		-	-BASED CRIMINAL HISTORY RECORD CHECK SHALL SUBMIT THE
204		-	APPLICANT
205		-	'S OR LICENSEE'S FINGERPRINTS TO THE COLORADO BUREAU OF
206		-	INVESTIGATION FOR THE PURPOSE OF CONDUCTING THE FINGERPRINT
207		-	-BASED
208		-	CRIMINAL HISTORY RECORD CHECK
209		-	.
210		-	(b) T
211		-	HE APPLICANT, LICENSEE, OR LOCAL GOVERNMENT ENTITY , AS
212		-	REQUIRED BY ORDINANCE OR RESOLUTION
213		-	, MUST PAY THE COSTS
214		-	ASSOCIATED WITH THE FINGERPRINT
215		-	-BASED CRIMINAL HISTORY RECORD
216		-	CHECK
217		-	.
218		-	(c) A
219		-	FTER SUBMITTING AN APPLICATION THAT REQUIRES A
220		-	FINGERPRINT
221		-	-BASED CRIMINAL HISTORY RECORD CHECK , THE APPLICANT OR
222		-	LICENSEE SHALL HAVE THE APPLICANT
223		-	'S OR LICENSEE'S FINGERPRINTS TAKEN
224		-	BY A LOCAL LAW ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY
225		-	THE
226		-	COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF OBTAINING
227		-	A FINGERPRINT
228		-	-BASED CRIMINAL HISTORY RECORD CHECK . THE APPLICANT
229		-	OR LICENSEE SHALL AUTHORIZE THE ENTITY TAKING THE APPLICANT
230		-	'S OR
231		-	LICENSEE
232		-	'S FINGERPRINTS TO SUBMIT, AND THE ENTITY SHALL SUBMIT, THE
233		-	COMPLETE SET OF THE APPLICANT
234		-	'S OR LICENSEE'S FINGERPRINTS TO THE
235		-	COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING
236		-	A FINGERPRINT
237		-	-BASED CRIMINAL HISTORY RECORD CHECK .
238		-	(d) I
239		-	F AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S OR
240		-	LICENSEE
241		-	'S FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY
242		-	CAPTURED USING
243		-	COLORADO BUREAU OF INVESTIGATION -APPROVED
244		-	LIVESCAN EQUIPMENT
245		-	. A THIRD-PARTY VENDOR SHALL NOT KEEP THE
246		-	APPLICANT
247		-	'S OR LICENSEE'S INFORMATION FOR MORE THAN THIRTY DAYS
248		-	AFTER THE INFORMATION IS COLLECTED
249		-	.
250		-	PAGE 5-SENATE BILL 25-146 (e) THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE
251		-	APPLICANT
252		-	'S OR LICENSEE'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY
253		-	RECORD CHECK USING THE BUREAU
254		-	'S RECORDS. THE COLORADO BUREAU OF
255		-	INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL
256		-	BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
257		-	FINGERPRINT
258		-	-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
259		-	BUREAU OF INVESTIGATION
260		-	, APPLICANT, LICENSEE, LOCAL GOVERNMENT
261		-	ENTITY
262		-	, AND ENTITY TAKING FINGERPRINTS SHALL COMPLY WITH THE
263		-	FEDERAL BUREAU OF INVESTIGATION
264		-	'S REQUIREMENTS TO CONDUCT A
265		-	CRIMINAL HISTORY RECORD CHECK
266		-	.
267		-	(f) T
268		-	HE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE
269		-	RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE LOCAL
270		-	GOVERNMENT ENTITY
271		-	, AND THE LOCAL GOVERNMENT ENTITY IS AUTHORIZED
272		-	TO RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION
273		-	'S
274		-	CRIMINAL HISTORY RECORD CHECK
275		-	. THE LOCAL GOVERNMENT ENTITY SHALL
276		-	USE THE INFORMATION RESULTING FROM THE CRIMINAL HISTORY RECORD
277		-	CHECK TO INVESTIGATE AND DETERMINE WHETHER AN APPLICANT OR
278		-	LICENSEE IS QUALIFIED
279		-	.
280		-	(g) W
281		-	HEN THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY
282		-	RECORD CHECK OF AN APPLICANT OR LICENSEE PERFORMED PURSUANT TO
283		-	THIS SECTION REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION
284		-	, THE
285		-	LOCAL GOVERNMENT ENTITY SHALL REQUIRE THE APPLICANT OR LICENSEE
286		-	TO SUBMIT TO A NAME
287		-	-BASED JUDICIAL RECORD CHECK , AS DEFINED IN
288		-	SECTION
289		-	22-2-119.3 (6)(d), PERFORMED USING STATE JUDICIAL DEPARTMENT
290		-	RECORDS
291		-	.
292		-	(2) A
293		-	S USED IN THIS SECTION:
294		-	(a) "A
295		-	PPLICANT" MEANS AN INDIVIDUAL WHO A LOCAL GOVERNMENT
296		-	ENTITY REQUIRES BY ORDINANCE OR RESOLUTION TO SUBMIT TO A
297		-	FINGERPRINT
298		-	-BASED CRIMINAL HISTORY RECORD CHECK AS PART OF AN
299		-	APPLICATION FOR A LICENSE
300		-	, CERTIFICATE, CERTIFICATION, LETTER OF
301		-	AUTHORIZATION
302		-	, OR REGISTRATION.
303		-	(b) "L
304		-	ICENSEE" MEANS AN INDIVIDUAL WHO A LOCAL GOVERNMENT
305		-	ENTITY REQUIRES BY ORDINANCE OR RESOLUTION TO SUBMIT TO A
306		-	FINGERPRINT
307		-	-BASED CRIMINAL HISTORY RECORD CHECK IN CONNECTION
308		-	WITH A LICENSE
309		-	, CERTIFICATE, CERTIFICATION, LETTER OF AUTHORIZATION,
310		-	PAGE 6-SENATE BILL 25-146 OR REGISTRATION.
311		-	(c) "L
312		-	OCAL GOVERNMENT ENTITY " INCLUDES A COUNTY ,
313		-	MUNICIPALITY, AND CITY AND COUNTY.
314		-	SECTION 3. In Colorado Revised Statutes, 12-135-502, add (7) as
315		-	follows:
316		-	12-135-502. Criminal history record checks - definition. (7) A
317		-	S
318		-	USED IN THIS SECTION
319		-	, "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION
320		-	OR THE DIRECTOR
321		-	'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST BE AN
322		-	EMPLOYEE OF THE DIVISION
323		-	.
324		-	SECTION 4. In Colorado Revised Statutes, 12-255-111.5, add (6)
325		-	as follows:
326		-	12-255-111.5. Requirements for certified midwife licensure -
327		-	license by endorsement - questionnaire - fees - definition. (6) A
328		-	S USED
329		-	IN THIS SECTION
330		-	, "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR THE
331		-	DIRECTOR
332		-	'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST BE AN EMPLOYEE OF
333		-	THE DIVISION
334		-	.
335		-	SECTION 5. In Colorado Revised Statutes, 26-6-705, amend
336		-	(2)(a)(I) as follows:
337		-	26-6-705. Approval of temporary caregiver - background check
338		-	- training. (2) (a) A child placement agency operating a temporary care
339		-	assistance program shall require an applicant to become an approved
340		-	temporary caregiver and any other person who resides in the applicant's
341		-	home and is eighteen years of age or older to submit to the following
342		-	background checks:
343		-	(I) A fingerprint-based criminal history record check through the
344		-	Colorado bureau of investigation and the federal bureau of investigation in
345		-	the same manner as described in section 26-6-912 (1)(a)(I)(B). T
346		-	HE
347		-	COLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS OBTAINED AS
348		-	A RESULT OF A FINGERPRINT
349		-	-BASED CRIMINAL HISTORY RECORD CHECK ONLY
350		-	TO THE STATE DEPARTMENT
351		-	, AND THE USE AND HANDLING OF THE
352		-	INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE
353		-	INFORMATION SERVICES SECURITY POLICY
354		-	. INFORMATION REGARDING THE
355		-	PAGE 7-SENATE BILL 25-146 RESULT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK
356		-	RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED TO
357		-	A FACILITY OR AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANT IS
358		-	ELIGIBLE OR INELIGIBLE OR THAT THE INVESTIGATION IS INCONCLUSIVE
359		-	,
360		-	WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE
361		-	DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL
362		-	ELIGIBILITY STATUS
363		-	.
364		-	SECTION 6. In Colorado Revised Statutes, 30-15-401.4, amend
365		-	(2)(a.5) and (3.5); and repeal (4)(c.5) as follows:
366		-	30-15-401.4. Statewide policy to prevent the operation of illicit
367		-	massage businesses - local regulation authorized - background checks
368		-	required - legislative declaration - definitions. (2) As used in this
369		-	section, unless the context otherwise requires:
370		-	(a.5) "Background check" means a fingerprint-based criminal
371		-	history record check conducted in accordance with subsection (4)(c.5) of
372		-	this section and
373		-	SECTION 24-33.5-424.5. "BACKGROUND CHECK " also
374		-	includes, to the extent allowed or required, as applicable, by subsection
375		-	(4)(c.5)(VI) of this section SECTION 24-33.5-424.5 (1)(g) when a
376		-	fingerprint-based criminal history record check cannot be completed or
377		-	reveals a record of arrest without disposition, a criminal history record
378		-	check using the Colorado bureau of investigation's records and a
379		-	name-based judicial record check, as defined in section 22-2-119.3 (6)(d),
380		-	PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .
381		-	(3.5) Except as otherwise provided in subsection (3)(c) of this
382		-	section, a local government shall establish a process
383		-	IN ACCORDANCE WITH
384		-	34 U.S.C. SEC. 41101, which may
385		-	MUST be established by resolution or
386		-	ordinance or otherwise ORDINANCE OR RESOLUTION, IN ACCORDANCE WITH
387		-	34 U.S.C. SEC. 41101; MUST MEET THE CRITERIA ESTABLISHED BY THE
388		-	FEDERAL BUREAU OF INVESTIGATION IN IMPLEMENTING
389		-	34 U.S.C. SEC.
390		-	41101;
391		-	AND MUST BE PERFORMED IN ACCORDANCE WITH SECTION
392		-	24-33.5-424.5, to require that, as a condition for a person remaining as or
393		-	becoming an operator, owner, or employee:
394		-	(a) A person who is An operator, owner, or employee on the
395		-	effective date of the resolution or ordinance submit to a background check
396		-	PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 on or before the
397		-	PAGE 8-SENATE BILL 25-146 earlier of October 1, 2025 JULY 1, 2026, or any other date specified by a
398		-	local government in its process;
399		-	(b) A prospective employee submit to a background check
400		-	PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 before
401		-	commencing employment with a massage facility; and
402		-	(c) A prospective operator or owner submit to a background check
403		-	PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 at least thirty
404		-	days before, as applicable, being granted a license to operate a massage
405		-	facility or assuming an ownership interest in a massage facility that would
406		-	make the prospective owner an owner.
407		-	(4) (c.5) (I) An applicant who holds a license or is applying for a
408		-	license, an owner or prospective owner, or an employee or prospective
409		-	employee shall submit to a fingerprint-based criminal history record check.
410		-	The applicant, owner or prospective owner, or employee or prospective
411		-	employee shall pay the costs associated with the fingerprint-based criminal
412		-	history record check.
413		-	(II) A person who is, as of the effective date of this subsection
414		-	(4)(c.5), an applicant who holds a license, an owner, or an employee shall
415		-	have the applicant's, owner's, or employee's fingerprints taken by a local law
416		-	enforcement agency or any third party approved by the Colorado bureau of
417		-	investigation for the purpose of obtaining a fingerprint-based criminal
418		-	history record check no later than October 1, 2025. An applicant for a new
419		-	license, a prospective owner, or a prospective employee shall have the
420		-	applicant's fingerprints taken by a local law enforcement agency or any third
421		-	party approved by the Colorado bureau of investigation for the purpose of
422		-	obtaining a fingerprint-based criminal history record check before, as
423		-	applicable, being granted a license, assuming an ownership interest in a
424		-	massage facility that would make the prospective owner an owner, or
425		-	commencing employment with a massage facility. The applicant, owner or
426		-	prospective owner, or employee or prospective employee shall authorize the
427		-	entity taking the applicant's fingerprints to submit, and the entity shall
428		-	submit, the complete set of the applicant's fingerprints to the Colorado
429		-	bureau of investigation for the purpose of conducting a fingerprint-based
430		-	criminal history record check.
431		-	(III) If an approved third party takes the applicant's, owner's or
432		-	PAGE 9-SENATE BILL 25-146 prospective owner's, or employee's or prospective employee's fingerprints,
433		-	the fingerprints may be electronically captured using Colorado bureau of
434		-	investigation-approved livescan equipment. Third-party vendors shall not
435		-	keep the applicant's, owner's or prospective owner's, or employee's or
436		-	prospective employee's information for more than thirty days.
437		-	(IV) The Colorado bureau of investigation shall use the applicant's,
438		-	owner's or prospective owner's, or employee's or prospective employee's
439		-	fingerprints to conduct a criminal history record check using the bureau's
440		-	records. The Colorado bureau of investigation shall also forward the
441		-	fingerprints to the federal bureau of investigation for the purpose of
442		-	conducting a national fingerprint-based criminal history record check. The
443		-	Colorado bureau of investigation; the applicant, owner or prospective
444		-	owner, or employee or prospective employee; the licensing authority; and
445		-	the entity taking fingerprints shall comply with the federal bureau of
446		-	investigation's requirements to conduct a fingerprint-based criminal history
447		-	record check.
448		-	(V) The Colorado bureau of investigation shall return the results of
449		-	its criminal history record check to the licensing authority, and the licensing
450		-	authority is authorized to receive the results of the federal bureau of
451		-	investigation's criminal history record check. The licensing authority shall
452		-	use the information resulting from the criminal history record checks to
453		-	investigate and determine whether an applicant is qualified to hold a license
454		-	or be an owner or employee pursuant to this section.
455		-	(VI) When the results of a fingerprint-based criminal history record
456		-	check of an applicant performed pursuant to this section reveal a record of
457		-	arrest without a disposition, the local licensing authority shall require the
458		-	applicant to submit to a name-based judicial record check, as defined in
459		-	section 22-2-119.3 (6)(d).
460		-	SECTION 7. In Colorado Revised Statutes, 25-3.5-203, amend
461		-	(4)(a) and (4)(g) as follows:
462		-	25-3.5-203. Emergency medical service providers - licensure -
463		-	renewal of license - duties of department - rules - record checks -
464		-	definitions. (4) (a) The department shall require a certification or licensure
465		-	applicant to submit to a federal bureau of investigation fingerprint-based
466		-	national criminal history record check from the Colorado bureau of
467		-	PAGE 10-SENATE BILL 25-146 investigation to investigate the applicant for an emergency medical service
468		-	provider certificate or license. The department may acquire a name-based
469		-	judicial record check for a certificate or license applicant,
470		-	PERFORMED
471		-	USING STATE JUDICIAL DEPARTMENT RECORDS
472		-	.
473		-	(g) When the results of a fingerprint-based criminal history record
474		-	check of a person
475		-	AN INDIVIDUAL performed pursuant to this subsection (4)
476		-	reveal a record of arrest without a disposition, the department government
477		-	entity, or private, not-for-profit, or for-profit organization that required the
478		-	fingerprint-based criminal history record check shall require that person
479		-	INDIVIDUAL to submit to a name-based judicial record check, as defined in
480		-	section 22-2-119.3 (6)(d),
481		-	PERFORMED USING STATE JUDICIAL DEPARTMENT
482		-	RECORDS
483		-	.
484		-	SECTION 8. In Colorado Revised Statutes, 25-3.5-317, add
485		-	(3)(a)(III) and (7) as follows:
486		-	25-3.5-317. License - application - inspection - criminal history
487		-	record check - issuance - investigation - definitions. (3) (a) (III) W
488		-	HEN
489		-	THE RESULTS OF A FINGERPRINT
490		-	-BASED CRIMINAL HISTORY RECORD CHECK
491		-	OF AN INDIVIDUAL PERFORMED PURSUANT TO THIS SUBSECTION
492		-	(3) REVEAL
493		-	A RECORD OF ARREST WITHOUT A DISPOSITION
494		-	, THE DEPARTMENT SHALL
495		-	REQUIRE THAT INDIVIDUAL TO SUBMIT TO A NAME
496		-	-BASED JUDICIAL RECORD
497		-	CHECK
498		-	, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING STATE
499		-	JUDICIAL DEPARTMENT RECORDS
500		-	.
501		-	(7) A
502		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
503		-	REQUIRES
504		-	:
505		-	(a) "O
506		-	PERATOR" MEANS AN INDIVIDUAL DESIGNATED BY AN
507		-	AMBULANCE SERVICE AS RESPONSIBLE FOR THE DAY
508		-	-TO-DAY OPERATIONS
509		-	OF THE AMBULANCE SERVICE
510		-	.
511		-	(b) "O
512		-	WNER" MEANS AN OFFICER, DIRECTOR, GENERAL PARTNER,
513		-	LIMITED PARTNER, OR OTHER INDIVIDUAL WITH A FI NANCIAL OR EQUITY
514		-	OWNERSHIP INTEREST OF FIFTY PERCENT OR MORE OF AN AMBULANCE
515		-	SERVICE
516		-	.
517		-	SECTION 9. In Colorado Revised Statutes, 25-3.5-1305, amend
518		-	(3)(a)(III) and (3)(a)(IV) as follows:
519		-	PAGE 11-SENATE BILL 25-146 25-3.5-1305. License - application - inspection - record check -
520		-	issuance. (3) (a) (III) The department may acquire a name-based judicial
521		-	record check,
522		-	PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS ,
523		-	for an owner, manager, or administrator.
524		-	(IV) When the results of a fingerprint-based criminal history record
525		-	check of a person
526		-	AN INDIVIDUAL performed pursuant to this subsection (3)
527		-	reveal a record of arrest without a disposition, the department shall require
528		-	that person
529		-	INDIVIDUAL to submit to a name-based judicial record check, as
530		-	defined in section 22-2-119.3 (6)(d),
531		-	PERFORMED USING STATE JUDICIAL
532		-	DEPARTMENT RECORDS
533		-	.
534		-	SECTION 10. In Colorado Revised Statutes, 25-27-105, amend
535		-	(2.5)(a), (2.5)(a.5), and (2.5)(a.7); and add (5) as follows:
536		-	25-27-105. License - application - inspection - issuance -
537		-	definitions. (2.5) (a) On July 1, 2002, as part of an original application and
538		-	on and after July 1, 2002, on the first renewal of an application for assisted
539		-	living residences licensed before July 1, 2002, for a license, an owner,
540		-	applicant, or licensee shall request from a criminal justice agency
541		-	designated by the department criminal history record information regarding
542		-	such owner, applicant, or licensee. The information, upon such request and
543		-	subject to any restrictions imposed by such agency, shall be forwarded by
544		-	the criminal justice agency directly to the department WHEN SUBMITTING AN
545		-	APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION
546		-	, OR WITHIN TEN
547		-	DAYS AFTER A CHANGE IN OWNERSHIP OR A CHANGE IN THE LICENSEE
548		-	, EACH
549		-	OWNER
550		-	, APPLICANT, OR LICENSEE SHALL SUBMIT A COMPLETE SET OF THE
551		-	OWNER
552		-	'S, APPLICANT'S, OR LICENSEE'S FINGERPRINTS TO THE COLORADO
553		-	BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
554		-	FINGERPRINT
555		-	-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
556		-	BUREAU OF INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE
557		-	FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
558		-	FINGERPRINT
559		-	-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
560		-	BUREAU OF INVESTIGATION SHALL FORWARD THE RESULTS OF THE CRIMINAL
561		-	HISTORY RECORD CHECKS TO THE DEPARTMENT
562		-	.
563		-	(a.5) On and after July 1, 2002, the department may require that an
564		-	administrator request from a criminal justice agency designated by the
565		-	department a criminal history record on such administrator. The
566		-	information, upon such request and subject to any restrictions imposed by
567		-	PAGE 12-SENATE BILL 25-146 such agency, shall be forwarded by the criminal justice agency directly to
568		-	the department THE DEPARTMENT MAY REQUIRE THAT AN ADMINISTRATOR
569		-	SUBMIT A COMPLETE SET OF THE ADMINISTRATOR
570		-	'S FINGERPRINTS TO THE
571		-	COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING
572		-	A FINGERPRINT
573		-	-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
574		-	BUREAU OF INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE
575		-	FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
576		-	FINGERPRINT
577		-	-BASED CRIMINAL HISTORY RECORD CHECK . THE COLORADO
578		-	BUREAU OF INVESTIGATION SHALL FORWARD THE RESULTS OF THE CRIMINAL
579		-	HISTORY RECORD CHECKS TO THE DEPARTMENT
580		-	.
581		-	(a.7) When the results of a fingerprint-based criminal history record
582		-	check of an applicant performed pursuant to this section reveal a record of
583		-	arrest without a disposition, the department shall require that applicant to
584		-	submit to a name-based judicial record check, as defined in section
585		-	22-2-119.3 (6)(d),
586		-	PERFORMED USING STATE JUDICIAL DEPARTMENT
587		-	RECORDS
588		-	.
589		-	(5) A
590		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
591		-	REQUIRES
592		-	:
593		-	(a) "A
594		-	DMINISTRATOR" MEANS AN INDIVIDUAL WHO CONTROLS AND
595		-	SUPERVISES OR ATTEMPTS TO CONTROL AND SUPERVISE THE DAY
596		-	-TO-DAY
597		-	OPERATIONS OF AN ASSISTED LIVING RESIDENCE
598		-	, INCLUDING AN INDIVIDUAL
599		-	CONSIDERED AN INTERIM ADMINISTRATOR FOR THE PURPOSES OF SECTION
600		-	25-27-106 (4)(b).
601		-	(b) "A
602		-	PPLICANT" MEANS AN INDIVIDUAL WHO IS SEEKING A LICENSE
603		-	TO OPERATE AN ASSISTED LIVING RESIDENCE
604		-	.
605		-	(c) (I) "O
606		-	WNER" MEANS AN INDIVIDUAL WHO;
607		-	(A) I
608		-	S A SOLE PROPRIETOR, A SHAREHOLDER IN A FOR-PROFIT OR
609		-	NONPROFIT CORPORATION
610		-	, A PARTNER IN A PARTNERSHIP OR LIMITED
611		-	PARTNERSHIP
612		-	, OR A MEMBER IN A LIMITED LIABILITY COMPANY ; AND
613		-	(B) HAS A FINANCIAL OR EQUITY INTEREST OF FIFTY PERCENT OR
614		-	MORE IN THE ENTITY TO WHICH THE LICENSE TO OPERATE AN ASSISTED
615		-	LIVING RESIDENCE IS ISSUED
616		-	.
617		-	PAGE 13-SENATE BILL 25-146 (II) "OWNER" INCLUDES A LICENSEE.
618		-	SECTION 11. In Colorado Revised Statutes, 25-27.5-106, amend
619		-	(3)(a) and (3)(a.5) as follows:
620		-	25-27.5-106. License or registration - application - inspection -
621		-	issuance - rules. (3) (a) With the submission of an application for a license
622		-	or registration granted pursuant to this article 27.5, or within ten days after
623		-	a change in the owner, manager, or administrator, each owner of a home
624		-	care agency or home care placement agency and each manager or
625		-	administrator of a home care agency or home care placement agency must
626		-	SHALL submit a complete set of the person's INDIVIDUAL'S fingerprints to the
627		-	Colorado bureau of investigation for the purpose of conducting a state and
628		-	national fingerprint-based criminal history record check. utilizing records
629		-	of the Colorado bureau of investigation and the federal bureau of
630		-	investigation THE COLORADO BUREAU OF INVESTIGATION SHALL FORWARD
631		-	THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE
632		-	PURPOSE OF CONDUCTING A FINGERPRINT
633		-	-BASED CRIMINAL HISTORY RECORD
634		-	CHECK
635		-	. Each owner and each manager or administrator is responsible for
636		-	paying the fee established by the Colorado bureau of investigation for
637		-	conducting the fingerprint-based criminal history record check to the
638		-	bureau. Upon completion of the fingerprint-based criminal history record
639		-	check, the bureau shall forward the results to the department.
640		-	(a.5) When the results of a fingerprint-based criminal history record
641		-	check of a person AN INDIVIDUAL performed pursuant to this subsection (3)
642		-	reveal a record of arrest without a disposition, the department shall require
643		-	that person
644		-	INDIVIDUAL to submit to a name-based judicial record check, as
645		-	defined in section 22-2-119.3 (6)(d),
646		-	PERFORMED USING STATE JUDICIAL
647		-	DEPARTMENT RECORDS
648		-	.
649		-	SECTION 12. In Colorado Revised Statutes, 26-5.7-110, amend
650		-	(3)(f)(III); and add (1)(b.5) as follows:
651		-	26-5.7-110. Host homes for youth - report - rules - definitions.
652		-	(1) As used in this section, unless the context otherwise requires:
653		-	(b.5) "O
654		-	RGANIZATION" MEANS A CHILD PLACEMENT AGENCY , A
655		-	COUNTY OR DISTRICT DEPARTMENT OF HUMAN OR SOCIAL SERVICES
656		-	, OR A
657		-	HOMELESS YOUTH SHELTER
658		-	.
659		-	PAGE 14-SENATE BILL 25-146 (3) To operate a host home program, an organization must:
660		-	(f) Maintain accurate and up-to-date records documenting the
661		-	following for each host home operating under the program:
662		-	(III) A copy of the completed DETERMINATION BY THE DEPARTMENT
663		-	OF HUMAN SERVICES AS TO WHETHER THE INDIVIDUAL MEETS CRITERIA OR
664		-	DOES NOT MEET CRITERIA FOR CERTIFICATION TO OPERATE A HOST HOME IN
665		-	RESPONSE TO THE FINGERPRINT
666		-	-BASED criminal history record check
667		-	conducted pursuant to subsection (5) of this section for the individual
668		-	operating the host home and all other individuals residing in the home who
669		-	are eighteen years of age or older;
670		-	SECTION 13. In Colorado Revised Statutes, 44-30-1603, amend
671		-	(1) and (2); and add (1.5), (6.1), and (6.5) as follows:
672		-	44-30-1603. Definitions. As used in this part 16, unless the context
673		-	otherwise requires:
674		-	(1) "Confidential information" means information related to the play
675		-	of a fantasy contest by fantasy contest players obtained as a result of or by
676		-	virtue of a person's employment "APPLICANT" MEANS A PERSON THAT HAS
677		-	APPLIED FOR AN INITIAL LICENSE OR REGISTRATION OR A RENEWAL LICENSE
678		-	OR REGISTRATION TO OPERATE IN
679		-	COLORADO AS A FANTASY CONTEST OR A
680		-	SMALL FANTASY CONTEST OPERATOR
681		-	. AN APPLICANT MUST BE THE
682		-	INDIVIDUAL OR ENTITY THAT IS RESPONSIBLE FOR THE FINANCIAL AND
683		-	CONTRACTUAL OBLIGATIONS OF THE FANTASY CONTEST PROVIDER
684		-	.
685		-	(1.5) "C
686		-	ONFIDENTIAL INFORMATION" MEANS INFORMATION RELATED
687		-	TO THE PLAY OF A FANTASY CONTEST BY FANTASY CONTEST PLAYERS
688		-	OBTAINED AS A RESULT OF OR BY VIRTUE OF AN INDIVIDUAL
689		-	'S EMPLOYMENT.
690		-	(2) "Director" means the director of the division of gaming. or the
691		-	director's designee.
692		-	(6.1) "GENERAL PARTNER" MEANS AN INDIVIDUAL ENGAGED WITH
693		-	AT LEAST ONE OTHER INDIVIDUAL FOR THE PURPOSE OF JOINT PROFIT
694		-	,
695		-	THEREBY CREATING A GENERAL PARTNERSHIP .
696		-	(6.5) "M
697		-	ANAGING OFFICER" MEANS AN INDIVIDUAL WHO MANAGES
698		-	PAGE 15-SENATE BILL 25-146 THE DAY-TO-DAY OPERATIONS OF A FANTASY CONTEST AND IS RESPONSIBLE
699		-	FOR EXECUTING THE DECISIONS MADE BY THE BOARD OF DIRECTORS OF THE
700		-	FANTASY CONTEST
701		-	, IF APPLICABLE.
702		-	SECTION 14. In Colorado Revised Statutes, 44-10-307, amend
703		-	(4)(a) and (4)(c) as follows:
704		-	44-10-307. Persons prohibited as licensees - definition. (4) (a) In
705		-	investigating the qualifications of an applicant or a licensee, the state and
706		-	local licensing authorities AUTHORITY may have access to criminal history
707		-	record information furnished by a criminal justice agency subject to any
708		-	restrictions imposed by such agency. In the event the state or local
709		-	licensing
710		-	authority considers the applicant's criminal history record, the state or local
711		-	licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a state license.
712		-	(c) (I) At the time of filing an application for issuance or renewal of
713		-	a state medical marijuana business license, or
714		-	A retail marijuana business
715		-	license,
716		-	OR A REGULATED MARIJUANA LICENSE OR REGISTRATION ,
717		-	INCLUDING AN OCCUPATIONAL LICENSE AND A LICENSE FOR A CONTROLLING
718		-	BENEFICIAL OWNER
719		-	, AS DEFINED IN SECTION 44-10-103 (13), an applicant
720		-	shall submit a set of his or her
721		-	THEIR fingerprints and file personal history
722		-	information concerning the applicant's qualifications for a state license on
723		-	forms prepared by the state licensing authority.
724		-	(II) The state or local
725		-	licensing authority or local jurisdiction shall
726		-	submit the
727		-	APPLICANT'S fingerprints to the Colorado bureau of investigation
728		-	for the purpose of conducting fingerprint-based criminal history record
729		-	checks. The Colorado bureau of investigation shall forward
730		-	SUBMIT the
731		-	fingerprints to the federal bureau of investigation for the purpose of
732		-	conducting
733		-	NATIONAL fingerprint-based criminal history record checks.
734		-	(III) R
735		-	ESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
736		-	CHECK SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION IN
737		-	ACCORDANCE WITH THIS SECTION SHALL BE SENT TO THE STATE LICENSING
738		-	AUTHORITY
739		-	.
740		-	PAGE 16-SENATE BILL 25-146 (IV) When the results of a fingerprint-based criminal history record
741		-	check reveal a record of arrest without a disposition, the state or local
742		-	licensing authority or local jurisdiction shall require an applicant or a
743		-	license holder to submit to a name-based judicial record check, as defined
744		-	in section 22-2-119.3 (6)(d). The state or local licensing
745		-	authority or local
746		-	jurisdiction shall use the information resulting from the fingerprint-based
747		-	criminal history record check to investigate and determine whether an
748		-	applicant is qualified to hold a state or local license pursuant to this article
749		-	10. The state or local
750		-	licensing authority or local jurisdiction may verify any
751		-	of the information an applicant is required to submit.
752		-	SECTION 15. In Colorado Revised Statutes, 44-20-118, amend (2)
753		-	as follows:
754		-	44-20-118. Application - prelicensing education -
755		-	fingerprint-based criminal history record check - rules. (2) Application
756		-	for distributor's, manufacturer representative's, or manufacturer's, OR BUYER
757		-	AGENT
758		-	'S licenses shall
759		-	MUST be made to the executive director.
760		-	SECTION 16. In Colorado Revised Statutes, 44-20-118, amend
761		-	(8)(a) as follows:
762		-	44-20-118. Application - prelicensing education -
763		-	fingerprint-based criminal history record check - rules. (8) (a) With the
764		-	submission of an application for any A license issued under this part 1, each
765		-	applicant shall submit a complete set of fingerprints to the Colorado bureau
766		-	of investigation or the auto industry division for the purpose of conducting
767		-	fingerprint-based criminal history record checks. The Colorado bureau of
768		-	investigation shall forward the fingerprints to the federal bureau of
769		-	investigation for the purpose of conducting fingerprint-based criminal
770		-	history record checks. The board or the executive director
771		-	AUTO INDUSTRY
772		-	DIVISION
773		-	shall use the information resulting from the fingerprint-based
774		-	criminal history record check to investigate and determine whether
775		-	an
776		-	applicant. is qualified to be licensed. The board or the executive director
777		-	AUTO INDUSTRY DIVISION may verify the information an applicant is
778		-	required to submit. The applicant shall MUST pay the costs associated with
779		-	the fingerprint-based criminal history record check to the Colorado bureau
780		-	of investigation.
781		-	SECTION 17. In Colorado Revised Statutes, 44-20-417, amend
782		-	PAGE 17-SENATE BILL 25-146 (8)(a) as follows:
783		-	44-20-417. Application - fingerprint-based criminal history
784		-	record check - rules. (8) (a) With the submission of an application for any
785		-	A license issued under this part 4, each applicant shall submit a complete set
786		-	of fingerprints to the Colorado bureau of investigation or the auto industry
787		-	division for the purpose of conducting fingerprint-based criminal history
788		-	record checks. The Colorado bureau of investigation shall forward the
789		-	fingerprints to the federal bureau of investigation for the purpose of
790		-	conducting fingerprint-based criminal history record checks. The board or
791		-	the executive director AUTO INDUSTRY DIVISION shall use the information
792		-	resulting from the fingerprint-based criminal history record check to
793		-	investigate and determine whether
794		-	an applicant. is qualified to be licensed.
795		-	The board or the executive director AUTO INDUSTRY DIVISION may verify the
796		-	information an applicant is required to submit. The applicant shall MUST pay
797		-	the costs associated with the fingerprint-based criminal history record check
798		-	to the Colorado bureau of investigation.
799		-	SECTION 18. In Colorado Revised Statutes, 44-32-503, amend
800		-	(4)(a) as follows:
801		-	44-32-503. Rules of commission - licensing - record check.
802		-	(4) (a) With the submission of an application for a
803		-	KEY OCCUPATIONAL
804		-	LICENSE OR A SUPPORT OCCUPATIONAL
805		-	license granted pursuant to this
806		-	article 32, each applicant shall submit a set of fingerprints to the
807		-	commission. The commission shall forward
808		-	SUBMIT the fingerprints to the
809		-	Colorado bureau of investigation for the purpose of conducting a state and
810		-	national fingerprint-based criminal history record check utilizing records of
811		-	the Colorado bureau of investigation and the federal bureau of
812		-	investigation. Only the actual costs of the record check must be borne by the
813		-	applicant. Nothing in this subsection (4) precludes the commission from
814		-	making further inquiries into the background of the applicant.
815		-	SECTION 19. In Colorado Revised Statutes, 44-32-102, amend
816		-	(1); and add (1.5), (13.3), (13.7), and (23.5) as follows:
817		-	44-32-102. Definitions - rules. As used in this article 32, unless the
818		-	context otherwise requires:
819		-	(1) "Breakage" means the odd cents by which the amount payable
820		-	PAGE 18-SENATE BILL 25-146 on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten cents
821		-	"APPLICANT" MEANS AN INDIVIDUAL APPLYING FOR A LICENSE , PERMIT, OR
822		-	REGISTRATION OR THE RENEWAL OF A LICENSE
823		-	, PERMIT, OR REGISTRATION
824		-	GRANTED BY THE DIVISION PURSUANT TO THIS ARTICLE
825		-	32.
826		-	(1.5) "B
827		-	REAKAGE" MEANS THE ODD CENTS BY WHICH THE AMOUNT
828		-	PAYABLE ON EACH DOLLAR WAGERED IN A PARI
829		-	-MUTUEL POOL EXCEEDS A
830		-	MULTIPLE OF TEN CENTS
831		-	.
832		-	(13.3) "K
833		-	EY OCCUPATIONAL LICENSE" MEANS A LICENSE ISSUED BY
834		-	THE DIVISION REQUIRED FOR AN INDIVIDUAL WHO EXERCISES SIGNIFICANT
835		-	INFLUENCE OVER DECISIONS AFFECTING A BUSINESS LICENSED WITH THE
836		-	COMMISSION PURSUANT TO SECTION
837		-	44-32-504.
838		-	(13.7) "L
839		-	ICENSE" MEANS A LICENSE GRANTED BY THE DIVISION
840		-	PURSUANT TO THIS ARTICLE
841		-	32.
842		-	(23.5) "S
843		-	UPPORT OCCUPATIONAL LICENSE" MEANS A LICENSE ISSUED
844		-	BY THE DIVISION REQUIRED FOR AN INDIVIDUAL REGULATED BY THE DIVISION
845		-	WHO IS NOT SUBJECT TO A KEY OCCUPATIONAL LICENSE OR AN
846		-	OCCUPATIONAL REGISTRATION LICENSE
847		-	.
848		-	SECTION 20. Safety clause. The general assembly finds,
849		-	determines, and declares that this act is necessary for the immediate
850		-	preservation of the public peace, health, or safety or for appropriations for
851		-	PAGE 19-SENATE BILL 25-146 the support and maintenance of the departments of the state and state
852		-	institutions.
853		-	____________________________ ____________________________
854		-	James Rashad Coleman, Sr.
855		-	Julie McCluskie
856		-	PRESIDENT OF SPEAKER OF THE HOUSE
857		-	THE SENATE OF REPRESENTATIVES
858		-	____________________________ ____________________________
859		-	Esther van Mourik Vanessa Reilly
860		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
861		-	THE SENATE OF REPRESENTATIVES
862		-	APPROVED________________________________________
863		-	(Date and Time)
864		-	_________________________________________
865		-	Jared S. Polis
866		-	GOVERNOR OF THE STATE OF COLORADO
867		-	PAGE 20-SENATE BILL 25-146
	13	+	ONCERNING ALIGNMENT OF FINGERPRINT -BASED CRIMINAL HISTORY101
	14	+	RECORD CHECK LAWS WITH FEDERAL REQUIREMENTS .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill allows a regulator of the following professions and
	23	+	occupations to require an applicant for a license, certification, or
	24	+	registration to submit to a fingerprint-based criminal history record check
	25	+	(fingerprint-based record check):
	26	+	! Audiologists;
	27	+	! Certified midwives;
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	April 15, 2025
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	April 14, 2025
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	March 3, 2025
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	February 28, 2025
	40	+	SENATE SPONSORSHIP
	41	+	Rich and Michaelson Jenet, Ball, Catlin, Liston, Sullivan
	42	+	HOUSE SPONSORSHIP
	43	+	Hartsook and Lukens, Bird, Clifford, Duran, Lindsay
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. ! Cremationists;
	47	+	! Dental hygienists;
	48	+	! Dentists;
	49	+	! Embalmers;
	50	+	! Funeral directors;
	51	+	! Licensed professional counselors;
	52	+	! Mortuary science practitioners;
	53	+	! Natural reductionists;
	54	+	! Occupational therapists;
	55	+	! Occupational therapy assistants;
	56	+	! Physician assistants;
	57	+	! Social workers; and
	58	+	! Speech-language pathologists.
	59	+	An applicant submitting to a fingerprint-based record check must
	60	+	pay the costs associated with the fingerprint-based record check.
	61	+	If an applicant's fingerprint-based record check reveals a record of
	62	+	arrest without a disposition, the applicant must submit to a name-based
	63	+	judicial record check.
	64	+	A local government entity is authorized to perform a
	65	+	fingerprint-based record check when a statute, rule, ordinance, or
	66	+	regulation requires an individual to submit to a fingerprint-based record
	67	+	check.
	68	+	The bill also defines terms to clear ambiguity about who is eligible
	69	+	to submit to, who is eligible to receive records from, and the type of
	70	+	records an entity may receive from a fingerprint-based record check.
	71	+	Be it enacted by the General Assembly of the State of Colorado:1
	72	+	SECTION 1. In Colorado Revised Statutes, 12-20-202, amend2
	73	+	(5) as follows:3
	74	+	12-20-202. Licenses, certifications, and registrations - renewal4
	75	+	- reinstatement - fees - occupational credential portability program5
	76	+	- exceptions for military personnel, spouses, gold star military6
	77	+	spouses, and dependents - rules - consideration of criminal7
	78	+	convictions or driver's history - executive director authority -8
	79	+	definitions. (5) Criminal convictions. (a) Unless there is a specific9
	80	+	statutory disqualification that prohibits an applicant from obtaining10
	81	+	licensure, certification, or registration based on a criminal conviction, if11
	82	+	146-2- a regulator determines that an applicant for licensure, certification, or1
	83	+	registration has a criminal record, the regulator is governed by sections2
	84	+	12-20-206 and 24-5-101 for purposes of granting or denying, or placing3
	85	+	any conditions on, licensure, certification, or registration.4
	86	+	(b) A REGULATOR MAY REQUIRE AN APPLICANT FOR A LICENSE ,5
	87	+	CERTIFICATION, OR REGISTRATION ISSUED PURSUANT TO THE FOLLOWING6
	88	+	SECTIONS TO SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY7
	89	+	RECORD CHECK:8
	90	+	(I) A FUNERAL DIRECTOR LICENSED PURSUANT TO PARTS 5 AND 69
	91	+	OF ARTICLE 135 OF THIS TITLE 12;10
	92	+	(II) A MORTUARY SCIENCE PRACTITIONER LICENSED PURSUANT TO11
	93	+	PARTS 5 AND 7 OF ARTICLE 135 OF THIS TITLE 12;12
	94	+	(III) AN EMBALMER LICENSED PURSUANT TO PARTS 5 AND 8 OF13
	95	+	ARTICLE 135 OF THIS TITLE 12;14
	96	+	(IV) A CREMATIONIST LICENSED PURSUANT TO PARTS 5 AND 9 OF15
	97	+	ARTICLE 135 OF THIS TITLE 12;16
	98	+	(V) A NATURAL REDUCTIONIST LICENSED PURSUANT TO PARTS 517
	99	+	AND 9 OF ARTICLE 135 OF THIS TITLE 12;18
	100	+	(VI) AN AUDIOLOGIST LICENSED PURS UANT TO ARTICLE 210 OF19
	101	+	THIS TITLE 12;20
	102	+	(VII) A DENTAL HYGIENIST LICENSED PURSUANT TO SECTIONS21
	103	+	12-220-405 TO 12-220-407;22
	104	+	(VIII) A DENTIST LICENSED PURSUANT TO SECTIONS 12-220-40123
	105	+	TO 12-220-404;24
	106	+	(IX) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION25
	107	+	12-240-113;26
	108	+	(X) A SOCIAL WORKER LICENSED PURSUANT TO PART 4 OF ARTICLE27
	109	+	146
	110	+	-3- 245 OF THIS TITLE 12;1
	111	+	(XI) A LICENSED PROFESSIONAL COUNSELOR LICENSED PURSUANT2
	112	+	TO PART 6 OF ARTICLE 245 OF THIS TITLE 12;3
	113	+	(XII) A CERTIFIED MIDWIFE LICENSED PURSUANT TO SECTION4
	114	+	12-255-111.5;5
	115	+	(XIII) AN OCCUPATIONAL THERAPIST LICENSED PURSUANT TO6
	116	+	SECTIONS 12-270-106 (1) AND 12-270-107;7
	117	+	(XIV) AN OCCUPATIONAL THERAPY ASSISTANT LICENSED8
	118	+	PURSUANT TO SECTIONS 12-270-106 (2) AND 12-270-108; OR9
	119	+	(XV) A SPEECH-LANGUAGE PATHOLOGIST CERTIFIED PURSUANT TO10
	120	+	ARTICLE 305 OF THIS TITLE 12.11
	121	+	(c) AN APPLICANT SUBMITTING TO A FINGERPRINT -BASED12
	122	+	CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (5)(b) OF13
	123	+	THIS SECTION MUST PAY THE COSTS ASSOCIATED WITH THE14
	124	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .15
	125	+	(d) AFTER SUBMITTING AN APPLICATION FOR A LICENSE,16
	126	+	CERTIFICATION, OR REGISTRATION, IF THE APPLICANT SUBMITS TO A17
	127	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK, THE APPLICANT18
	128	+	SHALL HAVE THE APPLICANT'S FINGERPRINTS TAKEN BY A LOCAL LAW19
	129	+	ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE COLORADO20
	130	+	BUREAU OF INVESTIGATION. THE APPLICANT SHALL AUTHORIZE THE21
	131	+	ENTITY TAKING THE APPLICANT'S FINGERPRINTS TO SUBMIT, AND THE22
	132	+	ENTITY SHALL SUBMIT, THE COMPLETE SET OF THE APPLICANT 'S23
	133	+	FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE24
	134	+	PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY25
	135	+	RECORD CHECK.26
	136	+	(e) IF AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S27
	137	+	146
	138	+	-4- FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED1
	139	+	USING COLORADO BUREAU OF INVESTIGATION-APPROVED LIVESCAN2
	140	+	EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE APPLICANT'S3
	141	+	INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE INFORMATION IS4
	142	+	COLLECTED.5
	143	+	(f) THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE6
	144	+	APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD7
	145	+	CHECK USING THE BUREAU'S RECORDS. THE COLORADO BUREAU OF8
	146	+	INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL9
	147	+	BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A10
	148	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE COLORADO11
	149	+	BUREAU OF INVESTIGATION, THE APPLICANT, THE DEPARTMENT, AND THE12
	150	+	ENTITY TAKING FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU13
	151	+	OF INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY14
	152	+	RECORD CHECK.15
	153	+	(g) THE COLORADO BUREAU OF INVESTIGATION SHALL RETURN16
	154	+	THE RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE17
	155	+	DEPARTMENT, AND THE DEPARTMENT IS AUTHORIZED TO RECEIVE THE18
	156	+	RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION 'S CRIMINAL HISTORY19
	157	+	RECORD CHECK. THE DEPARTMENT SHALL USE THE INFORMATION20
	158	+	RESULTING FROM THE CRIMINAL HISTORY RECORD CHECKS TO21
	159	+	INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO22
	160	+	HOLD A LICENSE, CERTIFICATION, OR REGISTRATION PURSUANT TO THIS23
	161	+	SECTION AND THE FOLLOWING SECTION FOR THE FOLLOWING APPLICANT24
	162	+	OR LICENSEE:25
	163	+	(I) SECTION 12-135-503 FOR A CREMATIONIST, AN EMBALMER, A26
	164	+	FUNERAL DIRECTOR, A MORTUARY SCIENCE PRACTITIONER, OR A NATURAL27
	165	+	146
	166	+	-5- REDUCTIONIST;1
	167	+	(II) SECTION 12-210-108 FOR AN AUDIOLOGIST;2
	168	+	(III) SECTION 12-220-201 FOR A DENTIST OR A DENTAL HYGIENIST;3
	169	+	(IV) SECTION 12-240-121 FOR A PHYSICIAN ASSISTANT;4
	170	+	(V) SECTION 12-245-224 FOR A LICENSED PROFESSIONAL5
	171	+	COUNSELOR OR A SOCIAL WORKER ;6
	172	+	(VI) SECTION 12-255-120 FOR A CERTIFIED MIDWIFE;7
	173	+	(VII) SECTION 12-270-114 FOR AN OCCUPATIONAL THERAPIST OR8
	174	+	AN OCCUPATIONAL THERAPY ASSISTANT ; OR9
	175	+	(VIII) SECTION 12-305-112 FOR A SPEECH-LANGUAGE10
	176	+	PATHOLOGIST.11
	177	+	(h) WHEN THE RESULTS OF A CRIMINAL HISTORY RECORD CHECK12
	178	+	OF AN APPLICANT PERFORMED PURSUANT TO THIS SECTION REVEAL A13
	179	+	RECORD OF ARREST WITHOUT A DISPOSITION, THE DEPARTMENT SHALL14
	180	+	REQUIRE THE APPLICANT TO SUBMIT TO A NAME-BASED JUDICIAL RECORD15
	181	+	CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING16
	182	+	STATE JUDICIAL DEPARTMENT RECORDS .17
	183	+	SECTION 2. In Colorado Revised Statutes, add 24-33.5-424.518
	184	+	as follows:19
	185	+	24-33.5-424.5. Fingerprint-based criminal history record20
	186	+	checks - local government entities - definitions. (1) (a) A LOCAL21
	187	+	GOVERNMENT ENTITY THAT REQUIRES BY ORDINANCE OR RESOLUTION, IN22
	188	+	ACCORDANCE WITH 34 U.S.C. SEC. 41101, THAT AN APPLICANT OR23
	189	+	LICENSEE SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD24
	190	+	CHECK SHALL SUBMIT THE APPLICANT'S OR LICENSEE'S FINGERPRINTS TO25
	191	+	THE COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF26
	192	+	CONDUCTING THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .27
	193	+	146
	194	+	-6- (b) THE APPLICANT, LICENSEE, OR LOCAL GOVERNMENT ENTITY, AS1
	195	+	REQUIRED BY ORDINANCE OR RESOLUTION , MUST PAY THE COSTS2
	196	+	ASSOCIATED WITH THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD3
	197	+	CHECK.4
	198	+	(c) AFTER SUBMITTING AN APPLICATION THAT REQUIRES A5
	199	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK, THE APPLICANT6
	200	+	OR LICENSEE SHALL HAVE THE APPLICANT'S OR LICENSEE'S FINGERPRINTS7
	201	+	TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR A THIRD PARTY8
	202	+	APPROVED BY THE COLORADO BUREAU OF INVESTIGATION FOR THE9
	203	+	PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD10
	204	+	CHECK. THE APPLICANT OR LICENSEE SHALL AUTHORIZE THE ENTITY11
	205	+	TAKING THE APPLICANT'S OR LICENSEE'S FINGERPRINTS TO SUBMIT, AND12
	206	+	THE ENTITY SHALL SUBMIT, THE COMPLETE SET OF THE APPLICANT'S OR13
	207	+	LICENSEE'S FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION14
	208	+	FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL15
	209	+	HISTORY RECORD CHECK.16
	210	+	(d) IF AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S OR17
	211	+	LICENSEE'S FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY18
	212	+	CAPTURED USING COLORADO BUREAU OF INVESTIGATION-APPROVED19
	213	+	LIVESCAN EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE20
	214	+	APPLICANT'S OR LICENSEE'S INFORMATION FOR MORE THAN THIRTY DAYS21
	215	+	AFTER THE INFORMATION IS COLLECTED .22
	216	+	(e) THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE23
	217	+	APPLICANT'S OR LICENSEE'S FINGERPRINTS TO CONDUCT A CRIMINAL24
	218	+	HISTORY RECORD CHECK USING THE BUREAU'S RECORDS. THE COLORADO25
	219	+	BUREAU OF INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO26
	220	+	THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF27
	221	+	146
	222	+	-7- CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.1
	223	+	THE COLORADO BUREAU OF INVESTIGATION , APPLICANT, LICENSEE, LOCAL2
	224	+	GOVERNMENT ENTITY, AND ENTITY TAKING FINGERPRINTS SHALL COMPLY3
	225	+	WITH THE FEDERAL BUREAU OF INVESTIGATION'S REQUIREMENTS TO4
	226	+	CONDUCT A CRIMINAL HISTORY RECORD CHECK .5
	227	+	(f) THE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE6
	228	+	RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE LOCAL7
	229	+	GOVERNMENT ENTITY , AND THE LOCAL GOVERNMENT ENTITY IS8
	230	+	AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF9
	231	+	INVESTIGATION'S CRIMINAL HISTORY RECORD CHECK. THE LOCAL10
	232	+	GOVERNMENT ENTITY SHALL USE THE INFORMATION RESULTING FROM THE11
	233	+	CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE12
	234	+	WHETHER AN APPLICANT OR LICENSEE IS QUALIFIED .13
	235	+	(g) WHEN THE RESULTS OF A FINGERPRINT-BASED CRIMINAL14
	236	+	HISTORY RECORD CHECK OF AN APPLICANT OR LICENSEE PERFORMED15
	237	+	PURSUANT TO THIS SECTION REVEAL A RECORD OF ARREST WITHOUT A16
	238	+	DISPOSITION, THE LOCAL GOVERNMENT ENTITY SHALL REQUIRE THE17
	239	+	APPLICANT OR LICENSEE TO SUBMIT TO A NAME-BASED JUDICIAL RECORD18
	240	+	CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING19
	241	+	STATE JUDICIAL DEPARTMENT RECORDS .20
	242	+	(2) AS USED IN THIS SECTION:21
	243	+	(a) "APPLICANT" MEANS AN INDIVIDUAL WHO A LOCAL22
	244	+	GOVERNMENT ENTITY REQUIRES BY ORDINANCE OR RESOLUTION TO23
	245	+	SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS24
	246	+	PART OF AN APPLICATION FOR A LICENSE, CERTIFICATE, CERTIFICATION,25
	247	+	LETTER OF AUTHORIZATION, OR REGISTRATION.26
	248	+	(b) "LICENSEE" MEANS AN INDIVIDUAL WHO A LOCAL27
	249	+	146
	250	+	-8- GOVERNMENT ENTITY REQUIRES BY ORDINANCE OR RESOLUTION TO1
	251	+	SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK IN2
	252	+	CONNECTION WITH A LICENSE, CERTIFICATE, CERTIFICATION, LETTER OF3
	253	+	AUTHORIZATION, OR REGISTRATION.4
	254	+	(c) "LOCAL GOVERNMENT ENTITY" INCLUDES A COUNTY,5
	255	+	MUNICIPALITY, AND CITY AND COUNTY.6
	256	+	SECTION 3. In Colorado Revised Statutes, 12-135-502, add (7)7
	257	+	as follows:8
	258	+	12-135-502. Criminal history record checks - definition.9
	259	+	(7) AS USED IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE10
	260	+	DIVISION OR THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST11
	261	+	BE AN EMPLOYEE OF THE DIVISION.12
	262	+	SECTION 4. In Colorado Revised Statutes, 12-255-111.5, add13
	263	+	(6) as follows:14
	264	+	12-255-111.5. Requirements for certified midwife licensure -15
	265	+	license by endorsement - questionnaire - fees - definition. (6) AS USED16
	266	+	IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR17
	267	+	THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST BE AN18
	268	+	EMPLOYEE OF THE DIVISION.19
	269	+	SECTION 5. In Colorado Revised Statutes, 26-6-705, amend20
	270	+	(2)(a)(I) as follows:21
	271	+	26-6-705. Approval of temporary caregiver - background22
	272	+	check - training. (2) (a) A child placement agency operating a temporary23
	273	+	care assistance program shall require an applicant to become an approved24
	274	+	temporary caregiver and any other person who resides in the applicant's25
	275	+	home and is eighteen years of age or older to submit to the following26
	276	+	background checks:27
	277	+	146
	278	+	-9- (I) A fingerprint-based criminal history record check through the1
	279	+	Colorado bureau of investigation and the federal bureau of investigation2
	280	+	in the same manner as described in section 26-6-912 (1)(a)(I)(B). THE3
	281	+	COLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS OBTAINED4
	282	+	AS A RESULT OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK5
	283	+	ONLY TO THE STATE DEPARTMENT, AND THE USE AND HANDLING OF THE6
	284	+	INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE7
	285	+	INFORMATION SERVICES SECURITY POLICY . INFORMATION REGARDING THE8
	286	+	RESULT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK9
	287	+	RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED10
	288	+	TO A FACILITY OR AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANT11
	289	+	IS ELIGIBLE OR INELIGIBLE OR THAT THE INVESTIGATION IS INCONCLUSIVE,12
	290	+	WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE13
	291	+	DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL14
	292	+	ELIGIBILITY STATUS.15
	293	+	SECTION 6. In Colorado Revised Statutes, 30-15-401.4, amend16
	294	+	(2)(a.5) and (3.5); and repeal (4)(c.5) as follows:17
	295	+	30-15-401.4. Statewide policy to prevent the operation of illicit18
	296	+	massage businesses - local regulation authorized - background checks19
	297	+	required - legislative declaration - definitions. (2) As used in this20
	298	+	section, unless the context otherwise requires:21
	299	+	(a.5) "Background check" means a fingerprint-based criminal22
	300	+	history record check conducted in accordance with subsection (4)(c.5) of23
	301	+	this section and SECTION 24-33.5-424.5. "BACKGROUND CHECK" also24
	302	+	includes, to the extent allowed or required, as applicable, by subsection25
	303	+	(4)(c.5)(VI) of this section SECTION 24-33.5-424.5 (1)(g) when a26
	304	+	fingerprint-based criminal history record check cannot be completed or27
	305	+	146
	306	+	-10- reveals a record of arrest without disposition, a criminal history record1
	307	+	check using the Colorado bureau of investigation's records and a2
	308	+	name-based judicial record check, as defined in section 22-2-119.3 (6)(d),3
	309	+	PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .4
	310	+	(3.5) Except as otherwise provided in subsection (3)(c) of this5
	311	+	section, a local government shall establish a process IN ACCORDANCE6
	312	+	WITH 34 U.S.C. SEC. 41101, which may MUST be established by resolution7
	313	+	or ordinance or otherwise ORDINANCE OR RESOLUTION, IN ACCORDANCE8
	314	+	WITH 34 U.S.C. SEC. 41101; MUST MEET THE CRITERIA ESTABLISHED BY9
	315	+	THE FEDERAL BUREAU OF INVESTIGATION IN IMPLEMENTING 34 U.S.C. SEC.10
	316	+	41101; and MUST BE PERFORMED IN ACCORDANCE WITH SECTION11
	317	+	24-33.5-424.5, to require that, as a condition for a person remaining as or12
	318	+	becoming an operator, owner, or employee:13
	319	+	(a) A person who is An operator, owner, or employee on the14
	320	+	effective date of the resolution or ordinance submit to a background15
	321	+	check PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 on or16
	322	+	before the earlier of October 1, 2025 JULY 1, 2026, or any other date17
	323	+	specified by a local government in its process;18
	324	+	(b) A prospective employee submit to a background check19
	325	+	PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 before20
	326	+	commencing employment with a massage facility; and21
	327	+	(c) A prospective operator or owner submit to a background check22
	328	+	PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 at least thirty23
	329	+	days before, as applicable, being granted a license to operate a massage24
	330	+	facility or assuming an ownership interest in a massage facility that would25
	331	+	make the prospective owner an owner.26
	332	+	(4) (c.5) (I) An applicant who holds a license or is applying for a27
	333	+	146
	334	+	-11- license, an owner or prospective owner, or an employee or prospective1
	335	+	employee shall submit to a fingerprint-based criminal history record2
	336	+	check. The applicant, owner or prospective owner, or employee or3
	337	+	prospective employee shall pay the costs associated with the4
	338	+	fingerprint-based criminal history record check.5
	339	+	(II) A person who is, as of the effective date of this subsection6
	340	+	(4)(c.5), an applicant who holds a license, an owner, or an employee shall7
	341	+	have the applicant's, owner's, or employee's fingerprints taken by a local8
	342	+	law enforcement agency or any third party approved by the Colorado9
	343	+	bureau of investigation for the purpose of obtaining a fingerprint-based10
	344	+	criminal history record check no later than October 1, 2025. An applicant11
	345	+	for a new license, a prospective owner, or a prospective employee shall12
	346	+	have the applicant's fingerprints taken by a local law enforcement agency13
	347	+	or any third party approved by the Colorado bureau of investigation for14
	348	+	the purpose of obtaining a fingerprint-based criminal history record check15
	349	+	before, as applicable, being granted a license, assuming an ownership16
	350	+	interest in a massage facility that would make the prospective owner an17
	351	+	owner, or commencing employment with a massage facility. The18
	352	+	applicant, owner or prospective owner, or employee or prospective19
	353	+	employee shall authorize the entity taking the applicant's fingerprints to20
	354	+	submit, and the entity shall submit, the complete set of the applicant's21
	355	+	fingerprints to the Colorado bureau of investigation for the purpose of22
	356	+	conducting a fingerprint-based criminal history record check.23
	357	+	(III) If an approved third party takes the applicant's, owner's or24
	358	+	prospective owner's, or employee's or prospective employee's fingerprints,25
	359	+	the fingerprints may be electronically captured using Colorado bureau of26
	360	+	investigation-approved livescan equipment. Third-party vendors shall not27
	361	+	146
	362	+	-12- keep the applicant's, owner's or prospective owner's, or employee's or1
	363	+	prospective employee's information for more than thirty days.2
	364	+	(IV) The Colorado bureau of investigation shall use the3
	365	+	applicant's, owner's or prospective owner's, or employee's or prospective4
	366	+	employee's fingerprints to conduct a criminal history record check using5
	367	+	the bureau's records. The Colorado bureau of investigation shall also6
	368	+	forward the fingerprints to the federal bureau of investigation for the7
	369	+	purpose of conducting a national fingerprint-based criminal history record8
	370	+	check. The Colorado bureau of investigation; the applicant, owner or9
	371	+	prospective owner, or employee or prospective employee; the licensing10
	372	+	authority; and the entity taking fingerprints shall comply with the federal11
	373	+	bureau of investigation's requirements to conduct a fingerprint-based12
	374	+	criminal history record check.13
	375	+	(V) The Colorado bureau of investigation shall return the results14
	376	+	of its criminal history record check to the licensing authority, and the15
	377	+	licensing authority is authorized to receive the results of the federal16
	378	+	bureau of investigation's criminal history record check. The licensing17
	379	+	authority shall use the information resulting from the criminal history18
	380	+	record checks to investigate and determine whether an applicant is19
	381	+	qualified to hold a license or be an owner or employee pursuant to this20
	382	+	section.21
	383	+	(VI) When the results of a fingerprint-based criminal history22
	384	+	record check of an applicant performed pursuant to this section reveal a23
	385	+	record of arrest without a disposition, the local licensing authority shall24
	386	+	require the applicant to submit to a name-based judicial record check, as25
	387	+	defined in section 22-2-119.3 (6)(d).26
	388	+	SECTION 7. In Colorado Revised Statutes, 25-3.5-203, amend27
	389	+	146
	390	+	-13- (4)(a) and (4)(g) as follows:1
	391	+	25-3.5-203. Emergency medical service providers - licensure2
	392	+	- renewal of license - duties of department - rules - record checks -3
	393	+	definitions. (4) (a) The department shall require a certification or4
	394	+	licensure applicant to submit to a federal bureau of investigation5
	395	+	fingerprint-based national criminal history record check from the6
	396	+	Colorado bureau of investigation to investigate the applicant for an7
	397	+	emergency medical service provider certificate or license. The department8
	398	+	may acquire a name-based judicial record check for a certificate or license9
	399	+	applicant, PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .10
	400	+	(g) When the results of a fingerprint-based criminal history record11
	401	+	check of a person AN INDIVIDUAL performed pursuant to this subsection12
	402	+	(4) reveal a record of arrest without a disposition, the department13
	403	+	government entity, or private, not-for-profit, or for-profit organization14
	404	+	that required the fingerprint-based criminal history record check shall15
	405	+	require that person INDIVIDUAL to submit to a name-based judicial record16
	406	+	check, as defined in section 22-2-119.3 (6)(d), PERFORMED USING STATE17
	407	+	JUDICIAL DEPARTMENT RECORDS .18
	408	+	SECTION 8. In Colorado Revised Statutes, 25-3.5-317, add19
	409	+	(3)(a)(III) and (7) as follows:20
	410	+	25-3.5-317. License - application - inspection - criminal history21
	411	+	record check - issuance - investigation - definitions. (3) (a) (III) WHEN22
	412	+	THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK23
	413	+	OF AN INDIVIDUAL PERFORMED PURSUANT TO THIS SUBSECTION (3) REVEAL24
	414	+	A RECORD OF ARREST WITHOUT A DISPOSITION, THE DEPARTMENT SHALL25
	415	+	REQUIRE THAT INDIVIDUAL TO SUBMIT TO A NAME-BASED JUDICIAL26
	416	+	RECORD CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED27
	417	+	146
	418	+	-14- USING STATE JUDICIAL DEPARTMENT RECORDS .1
	419	+	(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE2
	420	+	REQUIRES:3
	421	+	(a) "OPERATOR" MEANS AN INDIVIDUAL DESIGNATED BY AN4
	422	+	AMBULANCE SERVICE AS RESPONSIBLE FOR THE DAY-TO-DAY OPERATIONS5
	423	+	OF THE AMBULANCE SERVICE.6
	424	+	(b) "OWNER" MEANS AN OFFICER, DIRECTOR, GENERAL PARTNER,7
	425	+	LIMITED PARTNER, OR OTHER INDIVIDUAL WITH A FINANCIAL OR EQUITY8
	426	+	OWNERSHIP INTEREST OF FIFTY PERCENT OR MORE OF AN AMBULANCE9
	427	+	SERVICE.10
	428	+	SECTION 9. In Colorado Revised Statutes, 25-3.5-1305, amend11
	429	+	(3)(a)(III) and (3)(a)(IV) as follows:12
	430	+	25-3.5-1305. License - application - inspection - record check13
	431	+	- issuance. (3) (a) (III) The department may acquire a name-based14
	432	+	judicial record check, PERFORMED USING STATE JUDICIAL DEPARTMENT15
	433	+	RECORDS, for an owner, manager, or administrator.16
	434	+	(IV) When the results of a fingerprint-based criminal history17
	435	+	record check of a person AN INDIVIDUAL performed pursuant to this18
	436	+	subsection (3) reveal a record of arrest without a disposition, the19
	437	+	department shall require that person INDIVIDUAL to submit to a20
	438	+	name-based judicial record check, as defined in section 22-2-119.3 (6)(d),21
	439	+	PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .22
	440	+	SECTION 10. In Colorado Revised Statutes, 25-27-105, amend23
	441	+	(2.5)(a), (2.5)(a.5), and (2.5)(a.7); and add (5) as follows:24
	442	+	25-27-105. License - application - inspection - issuance -25
	443	+	definitions. (2.5) (a) On July 1, 2002, as part of an original application26
	444	+	and on and after July 1, 2002, on the first renewal of an application for27
	445	+	146
	446	+	-15- assisted living residences licensed before July 1, 2002, for a license, an1
	447	+	owner, applicant, or licensee shall request from a criminal justice agency2
	448	+	designated by the department criminal history record information3
	449	+	regarding such owner, applicant, or licensee. The information, upon such4
	450	+	request and subject to any restrictions imposed by such agency, shall be5
	451	+	forwarded by the criminal justice agency directly to the department WHEN6
	452	+	SUBMITTING AN APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION,7
	453	+	OR WITHIN TEN DAYS AFTER A CHANGE IN OWNERSHIP OR A CHANGE IN THE8
	454	+	LICENSEE, EACH OWNER, APPLICANT, OR LICENSEE SHALL SUBMIT A9
	455	+	COMPLETE SET OF THE OWNER 'S, APPLICANT'S, OR LICENSEE'S10
	456	+	FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE11
	457	+	PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY12
	458	+	RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL13
	459	+	FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION14
	460	+	FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL15
	461	+	HISTORY RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION16
	462	+	SHALL FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS17
	463	+	TO THE DEPARTMENT.18
	464	+	(a.5) On and after July 1, 2002, the department may require that19
	465	+	an administrator request from a criminal justice agency designated by the20
	466	+	department a criminal history record on such administrator. The21
	467	+	information, upon such request and subject to any restrictions imposed by22
	468	+	such agency, shall be forwarded by the criminal justice agency directly to23
	469	+	the department THE DEPARTMENT MAY REQUIRE THAT AN ADMINISTRATOR24
	470	+	SUBMIT A COMPLETE SET OF THE ADMINISTRATOR'S FINGERPRINTS TO THE25
	471	+	COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING26
	472	+	A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE27
	473	+	146
	474	+	-16- COLORADO BUREAU OF INVESTIGATION SHALL FORWARD THE1
	475	+	FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE2
	476	+	PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY3
	477	+	RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL4
	478	+	FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS TO5
	479	+	THE DEPARTMENT.6
	480	+	(a.7) When the results of a fingerprint-based criminal history7
	481	+	record check of an applicant performed pursuant to this section reveal a8
	482	+	record of arrest without a disposition, the department shall require that9
	483	+	applicant to submit to a name-based judicial record check, as defined in10
	484	+	section 22-2-119.3 (6)(d), PERFORMED USING STATE JUDICIAL11
	485	+	DEPARTMENT RECORDS .12
	486	+	(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
	487	+	REQUIRES:14
	488	+	(a) "ADMINISTRATOR" MEANS AN INDIVIDUAL WHO CONTROLS AND15
	489	+	SUPERVISES OR ATTEMPTS TO CONTROL AND SUPERVISE THE DAY-TO-DAY16
	490	+	OPERATIONS OF AN ASSISTED LIVING RESIDENCE , INCLUDING AN17
	491	+	INDIVIDUAL CONSIDERED AN INTERIM ADMINISTRATOR FOR THE PURPOSES18
	492	+	OF SECTION 25-27-106 (4)(b).19
	493	+	(b) "APPLICANT" MEANS AN INDIVIDUAL WHO IS SEEKING A20
	494	+	LICENSE TO OPERATE AN ASSISTED LIVING RESIDENCE .21
	495	+	(c) (I) "OWNER" MEANS AN INDIVIDUAL WHO;22
	496	+	(A) IS A SOLE PROPRIETOR, A SHAREHOLDER IN A FOR-PROFIT OR23
	497	+	NONPROFIT CORPORATION, A PARTNER IN A PARTNERSHIP OR LIMITED24
	498	+	PARTNERSHIP, OR A MEMBER IN A LIMITED LIABILITY COMPANY ; AND25
	499	+	(B) HAS A FINANCIAL OR EQUITY INTEREST OF FIFTY PERCENT OR26
	500	+	MORE IN THE ENTITY TO WHICH THE LICENSE TO OPERATE AN ASSISTED27
	501	+	146
	502	+	-17- LIVING RESIDENCE IS ISSUED.1
	503	+	(II) "OWNER" INCLUDES A LICENSEE.2
	504	+	SECTION 11. In Colorado Revised Statutes, 25-27.5-106,3
	505	+	amend (3)(a) and (3)(a.5) as follows:4
	506	+	25-27.5-106. License or registration - application - inspection5
	507	+	- issuance - rules. (3) (a) With the submission of an application for a6
	508	+	license or registration granted pursuant to this article 27.5, or within ten7
	509	+	days after a change in the owner, manager, or administrator, each owner8
	510	+	of a home care agency or home care placement agency and each manager9
	511	+	or administrator of a home care agency or home care placement agency10
	512	+	must SHALL submit a complete set of the person's INDIVIDUAL'S11
	513	+	fingerprints to the Colorado bureau of investigation for the purpose of12
	514	+	conducting a state and national fingerprint-based criminal history record13
	515	+	check. utilizing records of the Colorado bureau of investigation and the14
	516	+	federal bureau of investigation THE COLORADO BUREAU OF15
	517	+	INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL16
	518	+	BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A17
	519	+	FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. Each owner and18
	520	+	each manager or administrator is responsible for paying the fee19
	521	+	established by the Colorado bureau of investigation for conducting the20
	522	+	fingerprint-based criminal history record check to the bureau. Upon21
	523	+	completion of the fingerprint-based criminal history record check, the22
	524	+	bureau shall forward the results to the department.23
	525	+	(a.5) When the results of a fingerprint-based criminal history24
	526	+	record check of a person AN INDIVIDUAL performed pursuant to this25
	527	+	subsection (3) reveal a record of arrest without a disposition, the26
	528	+	department shall require that person INDIVIDUAL to submit to a27
	529	+	146
	530	+	-18- name-based judicial record check, as defined in section 22-2-119.3 (6)(d),1
	531	+	PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .2
	532	+	SECTION 12. In Colorado Revised Statutes, 26-5.7-110, amend3
	533	+	(3)(f)(III); and add (1)(b.5) as follows:4
	534	+	26-5.7-110. Host homes for youth - report - rules - definitions.5
	535	+	(1) As used in this section, unless the context otherwise requires:6
	536	+	(b.5) "ORGANIZATION" MEANS A CHILD PLACEMENT AGENCY, A7
	537	+	COUNTY OR DISTRICT DEPARTMENT OF HUMAN OR SOCIAL SERVICES, OR A8
	538	+	HOMELESS YOUTH SHELTER .9
	539	+	(3) To operate a host home program, an organization must:10
	540	+	(f) Maintain accurate and up-to-date records documenting the11
	541	+	following for each host home operating under the program:12
	542	+	(III) A copy of the completed DETERMINATION BY THE13
	543	+	DEPARTMENT OF HUMAN SERVICES AS TO WHETHER THE INDIVIDUAL14
	544	+	MEETS CRITERIA OR DOES NOT MEET CRITERIA FOR CERTIFICATION TO15
	545	+	OPERATE A HOST HOME IN RESPONSE TO THE FINGERPRINT-BASED criminal16
	546	+	history record check conducted pursuant to subsection (5) of this section17
	547	+	for the individual operating the host home and all other individuals18
	548	+	residing in the home who are eighteen years of age or older;19
	549	+	SECTION 13. In Colorado Revised Statutes, 44-30-1603, amend20
	550	+	(1) and (2); and add (1.5), (6.1), and (6.5) as follows:21
	551	+	44-30-1603. Definitions. As used in this part 16, unless the22
	552	+	context otherwise requires:23
	553	+	(1) "Confidential information" means information related to the24
	554	+	play of a fantasy contest by fantasy contest players obtained as a result of25
	555	+	or by virtue of a person's employment "APPLICANT" MEANS A PERSON26
	556	+	THAT HAS APPLIED FOR AN INITIAL LICENSE OR REGISTRATION OR A27
	557	+	146
	558	+	-19- RENEWAL LICENSE OR REGISTRATION TO OPERATE IN COLORADO AS A1
	559	+	FANTASY CONTEST OR A SMALL FANTASY CONTEST OPERATOR. AN2
	560	+	APPLICANT MUST BE THE INDIVIDUAL OR ENTITY THAT IS RESPONSIBLE FOR3
	561	+	THE FINANCIAL AND CONTRACTUAL OBLIGATIONS OF THE FANTASY4
	562	+	CONTEST PROVIDER.5
	563	+	(1.5) "CONFIDENTIAL INFORMATION" MEANS INFORMATION6
	564	+	RELATED TO THE PLAY OF A FANTASY CONTEST BY FANTASY CONTEST7
	565	+	PLAYERS OBTAINED AS A RESULT OF OR BY VIRTUE OF AN INDIVIDUAL'S8
	566	+	EMPLOYMENT.9
	567	+	(2) "Director" means the director of the division of gaming. or the10
	568	+	director's designee.11
	569	+	(6.1) "GENERAL PARTNER" MEANS AN INDIVIDUAL ENGAGED WITH12
	570	+	AT LEAST ONE OTHER INDIVIDUAL FOR THE PURPOSE OF JOINT PROFIT,13
	571	+	THEREBY CREATING A GENERAL PARTNERSHIP .14
	572	+	(6.5) "MANAGING OFFICER" MEANS AN INDIVIDUAL WHO MANAGES15
	573	+	THE DAY-TO-DAY OPERATIONS OF A FANTASY CONTEST AND IS16
	574	+	RESPONSIBLE FOR EXECUTING THE DECISIONS MADE BY THE BOARD OF17
	575	+	DIRECTORS OF THE FANTASY CONTEST , IF APPLICABLE.18
	576	+	SECTION 14. In Colorado Revised Statutes, 44-10-307, amend19
	577	+	(4)(a) and (4)(c) as follows:20
	578	+	44-10-307. Persons prohibited as licensees -21
	579	+	definition. (4) (a) In investigating the qualifications of an applicant or a22
	580	+	licensee, the state and local licensing authorities AUTHORITY may have23
	581	+	access to criminal history record information furnished by a criminal24
	582	+	justice agency subject to any restrictions imposed by such agency. In the25
	583	+	event the state or local licensing authority considers the applicant's26
	584	+	criminal history record, the state or local licensing authority shall also27
	585	+	146
	586	+	-20- consider any information provided by the applicant regarding such1
	587	+	criminal history record, including but not limited to evidence of2
	588	+	rehabilitation, character references, and educational achievements,3
	589	+	especially those items pertaining to the period of time between the4
	590	+	applicant's last criminal conviction and the consideration of the5
	591	+	application for a state license.6
	592	+	(c) (I) At the time of filing an application for issuance or renewal7
	593	+	of a state medical marijuana business license, or A retail marijuana8
	594	+	business license, OR A REGULATED MARIJUANA LICENSE OR REGISTRATION,9
	595	+	INCLUDING AN OCCUPATIONAL LICENSE AND A LICENSE FOR A10
	596	+	CONTROLLING BENEFICIAL OWNER, AS DEFINED IN SECTION 44-10-103 (13),11
	597	+	an applicant shall submit a set of his or her THEIR fingerprints and file12
	598	+	personal history information concerning the applicant's qualifications for13
	599	+	a state license on forms prepared by the state licensing authority.14
	600	+	(II) The state or local licensing authority or local jurisdiction shall15
	601	+	submit the APPLICANT'S fingerprints to the Colorado bureau of16
	602	+	investigation for the purpose of conducting fingerprint-based criminal17
	603	+	history record checks. The Colorado bureau of investigation shall forward18
	604	+	SUBMIT the fingerprints to the federal bureau of investigation for the19
	605	+	purpose of conducting NATIONAL fingerprint-based criminal history20
	606	+	record checks.21
	607	+	(III) RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY22
	608	+	RECORD CHECK SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION23
	609	+	IN ACCORDANCE WITH THIS SECTION SHALL BE SENT TO THE STATE24
	610	+	LICENSING AUTHORITY.25
	611	+	(IV) When the results of a fingerprint-based criminal history26
	612	+	record check reveal a record of arrest without a disposition, the state or27
	613	+	146
	614	+	-21- local licensing authority or local jurisdiction shall require an applicant or1
	615	+	a license holder to submit to a name-based judicial record check, as2
	616	+	defined in section 22-2-119.3 (6)(d). The state or local licensing authority3
	617	+	or local jurisdiction shall use the information resulting from the4
	618	+	fingerprint-based criminal history record check to investigate and5
	619	+	determine whether an applicant is qualified to hold a state or local license6
	620	+	pursuant to this article 10. The state or local licensing authority or local7
	621	+	jurisdiction may verify any of the information an applicant is required to8
	622	+	submit.9
	623	+	SECTION 15. In Colorado Revised Statutes, 44-20-118, amend10
	624	+	(2) as follows:11
	625	+	44-20-118. Application - prelicensing education -12
	626	+	fingerprint-based criminal history record check - rules.13
	627	+	(2) Application for distributor's, manufacturer representative's, or14
	628	+	manufacturer's, OR BUYER AGENT'S licenses shall MUST be made to the15
	629	+	executive director.16
	630	+	SECTION 16. In Colorado Revised Statutes, 44-20-118, amend17
	631	+	(8)(a) as follows:18
	632	+	44-20-118. Application - prelicensing education -19
	633	+	fingerprint-based criminal history record check - rules. (8) (a) With20
	634	+	the submission of an application for any A license issued under this part21
	635	+	1, each applicant shall submit a complete set of fingerprints to the22
	636	+	Colorado bureau of investigation or the auto industry division for the23
	637	+	purpose of conducting fingerprint-based criminal history record checks.24
	638	+	The Colorado bureau of investigation shall forward the fingerprints to the25
	639	+	federal bureau of investigation for the purpose of conducting26
	640	+	fingerprint-based criminal history record checks. The board or the27
	641	+	146
	642	+	-22- executive director AUTO INDUSTRY DIVISION shall use the information1
	643	+	resulting from the fingerprint-based criminal history record check to2
	644	+	investigate and determine whether an applicant. is qualified to be3
	645	+	licensed. The board or the executive director AUTO INDUSTRY DIVISION4
	646	+	may verify the information an applicant is required to submit. The5
	647	+	applicant shall MUST pay the costs associated with the fingerprint-based6
	648	+	criminal history record check to the Colorado bureau of investigation.7
	649	+	SECTION 17. In Colorado Revised Statutes, 44-20-417, amend8
	650	+	(8)(a) as follows:9
	651	+	44-20-417. Application - fingerprint-based criminal history10
	652	+	record check - rules. (8) (a) With the submission of an application for11
	653	+	any A license issued under this part 4, each applicant shall submit a12
	654	+	complete set of fingerprints to the Colorado bureau of investigation or the13
	655	+	auto industry division for the purpose of conducting fingerprint-based14
	656	+	criminal history record checks. The Colorado bureau of investigation15
	657	+	shall forward the fingerprints to the federal bureau of investigation for the16
	658	+	purpose of conducting fingerprint-based criminal history record checks.17
	659	+	The board or the executive director AUTO INDUSTRY DIVISION shall use the18
	660	+	information resulting from the fingerprint-based criminal history record19
	661	+	check to investigate and determine whether an applicant. is qualified to20
	662	+	be licensed. The board or the executive director AUTO INDUSTRY DIVISION21
	663	+	may verify the information an applicant is required to submit. The22
	664	+	applicant shall MUST pay the costs associated with the fingerprint-based23
	665	+	criminal history record check to the Colorado bureau of investigation.24
	666	+	SECTION 18. In Colorado Revised Statutes, 44-32-503, amend25
	667	+	(4)(a) as follows:26
	668	+	44-32-503. Rules of commission - licensing - record check.27
	669	+	146
	670	+	-23- (4) (a) With the submission of an application for a KEY OCCUPATIONAL1
	671	+	LICENSE OR A SUPPORT OCCUPATIONAL license granted pursuant to this2
	672	+	article 32, each applicant shall submit a set of fingerprints to the3
	673	+	commission. The commission shall forward SUBMIT the fingerprints to the4
	674	+	Colorado bureau of investigation for the purpose of conducting a state5
	675	+	and national fingerprint-based criminal history record check utilizing6
	676	+	records of the Colorado bureau of investigation and the federal bureau of7
	677	+	investigation. Only the actual costs of the record check must be borne by8
	678	+	the applicant. Nothing in this subsection (4) precludes the commission9
	679	+	from making further inquiries into the background of the applicant. 10
	680	+	SECTION 19. In Colorado Revised Statutes, 44-32-102, amend11
	681	+	(1); and add (1.5), (13.3), (13.7), and (23.5) as follows:12
	682	+	44-32-102. Definitions - rules. As used in this article 32, unless13
	683	+	the context otherwise requires:14
	684	+	(1) "Breakage" means the odd cents by which the amount payable15
	685	+	on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten16
	686	+	cents "APPLICANT" MEANS AN INDIVIDUAL APPLYING FOR A LICENSE,17
	687	+	PERMIT, OR REGISTRATION OR THE RENEWAL OF A LICENSE , PERMIT, OR18
	688	+	REGISTRATION GRANTED BY THE DIVISION PURSUANT TO THIS ARTICLE 32.19
	689	+	(1.5) "BREAKAGE" MEANS THE ODD CENTS BY WHICH THE AMOUNT20
	690	+	PAYABLE ON EACH DOLLAR WAGERED IN A PARI-MUTUEL POOL EXCEEDS21
	691	+	A MULTIPLE OF TEN CENTS.22
	692	+	(13.3) "KEY OCCUPATIONAL LICENSE" MEANS A LICENSE ISSUED BY23
	693	+	THE DIVISION REQUIRED FOR AN INDIVIDUAL WHO EXERCISES SIGNIFICANT24
	694	+	INFLUENCE OVER DECISIONS AFFECTING A BUSINESS LICENSED WITH THE25
	695	+	COMMISSION PURSUANT TO SECTION 44-32-504.26
	696	+	(13.7) "LICENSE" MEANS A LICENSE GRANTED BY THE DIVISION27
	697	+	146
	698	+	-24- PURSUANT TO THIS ARTICLE 32.1
	699	+	(23.5) "SUPPORT OCCUPATIONAL LICENSE" MEANS A LICENSE2
	700	+	ISSUED BY THE DIVISION REQUIRED FOR AN INDIVIDUAL REGULATED BY3
	701	+	THE DIVISION WHO IS NOT SUBJECT TO A KEY OCCUPATIONAL LICENSE OR4
	702	+	AN OCCUPATIONAL REGISTRATION LICENSE .5
	703	+	SECTION 20. Safety clause. The general assembly finds,6
	704	+	determines, and declares that this act is necessary for the immediate7
	705	+	preservation of the public peace, health, or safety or for appropriations for8
	706	+	the support and maintenance of the departments of the state and state9
	707	+	institutions.10
	708	+	146
	709	+	-25-