First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0266.02 Josh Schultz x5486
SENATE BILL 25-146
Senate Committees House Committees
Business, Labor, & Technology Business Affairs & Labor
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;
HOUSE
3rd Reading Unamended
April 15, 2025
HOUSE
Amended 2nd Reading
April 14, 2025
SENATE
3rd Reading Unamended
March 3, 2025
SENATE
Amended 2nd Reading
February 28, 2025
SENATE SPONSORSHIP
Rich and Michaelson Jenet, Ball, Catlin, Liston, Sullivan
HOUSE SPONSORSHIP
Hartsook and Lukens, Bird, Clifford, Duran, Lindsay
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 FUNERAL DIRECTOR LICENSED PURSUANT TO PARTS 5 AND 69
OF ARTICLE 135 OF THIS TITLE 12;10
(II) A MORTUARY SCIENCE PRACTITIONER LICENSED PURSUANT TO11
PARTS 5 AND 7 OF ARTICLE 135 OF THIS TITLE 12;12
(III) AN EMBALMER LICENSED PURSUANT TO PARTS 5 AND 8 OF13
ARTICLE 135 OF THIS TITLE 12;14
(IV) A CREMATIONIST LICENSED PURSUANT TO PARTS 5 AND 9 OF15
ARTICLE 135 OF THIS TITLE 12;16
(V) A NATURAL REDUCTIONIST LICENSED PURSUANT TO PARTS 517
AND 9 OF ARTICLE 135 OF THIS TITLE 12;18
(VI) AN AUDIOLOGIST LICENSED PURS UANT TO ARTICLE 210 OF19
THIS TITLE 12;20
(VII) A DENTAL HYGIENIST LICENSED PURSUANT TO SECTIONS21
12-220-405 TO 12-220-407;22
(VIII) A DENTIST LICENSED PURSUANT TO SECTIONS 12-220-40123
TO 12-220-404;24
(IX) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO SECTION25
12-240-113;26
(X) A SOCIAL WORKER LICENSED PURSUANT TO PART 4 OF ARTICLE27
146
-3- 245 OF THIS TITLE 12;1
(XI) A LICENSED PROFESSIONAL COUNSELOR LICENSED PURSUANT2
TO PART 6 OF ARTICLE 245 OF THIS TITLE 12;3
(XII) A CERTIFIED MIDWIFE LICENSED PURSUANT TO SECTION4
12-255-111.5;5
(XIII) AN OCCUPATIONAL THERAPIST LICENSED PURSUANT TO6
SECTIONS 12-270-106 (1) AND 12-270-107;7
(XIV) AN OCCUPATIONAL THERAPY ASSISTANT LICENSED8
PURSUANT TO SECTIONS 12-270-106 (2) AND 12-270-108; OR9
(XV) A SPEECH-LANGUAGE PATHOLOGIST CERTIFIED PURSUANT TO10
ARTICLE 305 OF THIS TITLE 12.11
(c) AN APPLICANT SUBMITTING TO A FINGERPRINT -BASED12
CRIMINAL HISTORY RECORD CHECK PURSUANT TO SUBSECTION (5)(b) OF13
THIS SECTION MUST PAY THE COSTS ASSOCIATED WITH THE14
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .15
(d) AFTER SUBMITTING AN APPLICATION FOR A LICENSE,16
CERTIFICATION, OR REGISTRATION, IF THE APPLICANT SUBMITS TO A17
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK, THE APPLICANT18
SHALL HAVE THE APPLICANT'S FINGERPRINTS TAKEN BY A LOCAL LAW19
ENFORCEMENT AGENCY OR A THIRD PARTY APPROVED BY THE COLORADO20
BUREAU OF INVESTIGATION. THE APPLICANT SHALL AUTHORIZE THE21
ENTITY TAKING THE APPLICANT'S FINGERPRINTS TO SUBMIT, AND THE22
ENTITY SHALL SUBMIT, THE COMPLETE SET OF THE APPLICANT 'S23
FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE24
PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY25
RECORD CHECK.26
(e) IF AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S27
146
-4- FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED1
USING COLORADO BUREAU OF INVESTIGATION-APPROVED LIVESCAN2
EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE APPLICANT'S3
INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE INFORMATION IS4
COLLECTED.5
(f) THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE6
APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD7
CHECK USING THE BUREAU'S RECORDS. THE COLORADO BUREAU OF8
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL9
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A10
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE COLORADO11
BUREAU OF INVESTIGATION, THE APPLICANT, THE DEPARTMENT, AND THE12
ENTITY TAKING FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU13
OF INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY14
RECORD CHECK.15
(g) THE COLORADO BUREAU OF INVESTIGATION SHALL RETURN16
THE RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE17
DEPARTMENT, AND THE DEPARTMENT IS AUTHORIZED TO RECEIVE THE18
RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION 'S CRIMINAL HISTORY19
RECORD CHECK. THE DEPARTMENT SHALL USE THE INFORMATION20
RESULTING FROM THE CRIMINAL HISTORY RECORD CHECKS TO21
INVESTIGATE AND DETERMINE WHETHER AN APPLICANT IS QUALIFIED TO22
HOLD A LICENSE, CERTIFICATION, OR REGISTRATION PURSUANT TO THIS23
SECTION AND THE FOLLOWING SECTION FOR THE FOLLOWING APPLICANT24
OR LICENSEE:25
(I) SECTION 12-135-503 FOR A CREMATIONIST, AN EMBALMER, A26
FUNERAL DIRECTOR, A MORTUARY SCIENCE PRACTITIONER, OR A NATURAL27
146
-5- REDUCTIONIST;1
(II) SECTION 12-210-108 FOR AN AUDIOLOGIST;2
(III) SECTION 12-220-201 FOR A DENTIST OR A DENTAL HYGIENIST;3
(IV) SECTION 12-240-121 FOR A PHYSICIAN ASSISTANT;4
(V) SECTION 12-245-224 FOR A LICENSED PROFESSIONAL5
COUNSELOR OR A SOCIAL WORKER ;6
(VI) SECTION 12-255-120 FOR A CERTIFIED MIDWIFE;7
(VII) SECTION 12-270-114 FOR AN OCCUPATIONAL THERAPIST OR8
AN OCCUPATIONAL THERAPY ASSISTANT ; OR9
(VIII) SECTION 12-305-112 FOR A SPEECH-LANGUAGE10
PATHOLOGIST.11
(h) WHEN THE RESULTS OF A CRIMINAL HISTORY RECORD CHECK12
OF AN APPLICANT PERFORMED PURSUANT TO THIS SECTION REVEAL A13
RECORD OF ARREST WITHOUT A DISPOSITION, THE DEPARTMENT SHALL14
REQUIRE THE APPLICANT TO SUBMIT TO A NAME-BASED JUDICIAL RECORD15
CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING16
STATE JUDICIAL DEPARTMENT RECORDS .17
SECTION 2. In Colorado Revised Statutes, add 24-33.5-424.518
as follows:19
24-33.5-424.5. Fingerprint-based criminal history record20
checks - local government entities - definitions. (1) (a) A LOCAL21
GOVERNMENT ENTITY THAT REQUIRES BY ORDINANCE OR RESOLUTION, IN22
ACCORDANCE WITH 34 U.S.C. SEC. 41101, THAT AN APPLICANT OR23
LICENSEE SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD24
CHECK SHALL SUBMIT THE APPLICANT'S OR LICENSEE'S FINGERPRINTS TO25
THE COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF26
CONDUCTING THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK .27
146
-6- (b) THE APPLICANT, LICENSEE, OR LOCAL GOVERNMENT ENTITY, AS1
REQUIRED BY ORDINANCE OR RESOLUTION , MUST PAY THE COSTS2
ASSOCIATED WITH THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD3
CHECK.4
(c) AFTER SUBMITTING AN APPLICATION THAT REQUIRES A5
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK, THE APPLICANT6
OR LICENSEE SHALL HAVE THE APPLICANT'S OR LICENSEE'S FINGERPRINTS7
TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR A THIRD PARTY8
APPROVED BY THE COLORADO BUREAU OF INVESTIGATION FOR THE9
PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD10
CHECK. THE APPLICANT OR LICENSEE SHALL AUTHORIZE THE ENTITY11
TAKING THE APPLICANT'S OR LICENSEE'S FINGERPRINTS TO SUBMIT, AND12
THE ENTITY SHALL SUBMIT, THE COMPLETE SET OF THE APPLICANT'S OR13
LICENSEE'S FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION14
FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL15
HISTORY RECORD CHECK.16
(d) IF AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S OR17
LICENSEE'S FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY18
CAPTURED USING COLORADO BUREAU OF INVESTIGATION-APPROVED19
LIVESCAN EQUIPMENT. A THIRD-PARTY VENDOR SHALL NOT KEEP THE20
APPLICANT'S OR LICENSEE'S INFORMATION FOR MORE THAN THIRTY DAYS21
AFTER THE INFORMATION IS COLLECTED .22
(e) THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE23
APPLICANT'S OR LICENSEE'S FINGERPRINTS TO CONDUCT A CRIMINAL24
HISTORY RECORD CHECK USING THE BUREAU'S RECORDS. THE COLORADO25
BUREAU OF INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO26
THE FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF27
146
-7- CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.1
THE COLORADO BUREAU OF INVESTIGATION , APPLICANT, LICENSEE, LOCAL2
GOVERNMENT ENTITY, AND ENTITY TAKING FINGERPRINTS SHALL COMPLY3
WITH THE FEDERAL BUREAU OF INVESTIGATION'S REQUIREMENTS TO4
CONDUCT A CRIMINAL HISTORY RECORD CHECK .5
(f) THE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE6
RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE LOCAL7
GOVERNMENT ENTITY , AND THE LOCAL GOVERNMENT ENTITY IS8
AUTHORIZED TO RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF9
INVESTIGATION'S CRIMINAL HISTORY RECORD CHECK. THE LOCAL10
GOVERNMENT ENTITY SHALL USE THE INFORMATION RESULTING FROM THE11
CRIMINAL HISTORY RECORD CHECK TO INVESTIGATE AND DETERMINE12
WHETHER AN APPLICANT OR LICENSEE IS QUALIFIED .13
(g) WHEN THE RESULTS OF A FINGERPRINT-BASED CRIMINAL14
HISTORY RECORD CHECK OF AN APPLICANT OR LICENSEE PERFORMED15
PURSUANT TO THIS SECTION REVEAL A RECORD OF ARREST WITHOUT A16
DISPOSITION, THE LOCAL GOVERNMENT ENTITY SHALL REQUIRE THE17
APPLICANT OR LICENSEE TO SUBMIT TO A NAME-BASED JUDICIAL RECORD18
CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED USING19
STATE JUDICIAL DEPARTMENT RECORDS .20
(2) AS USED IN THIS SECTION:21
(a) "APPLICANT" MEANS AN INDIVIDUAL WHO A LOCAL22
GOVERNMENT ENTITY REQUIRES BY ORDINANCE OR RESOLUTION TO23
SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK AS24
PART OF AN APPLICATION FOR A LICENSE, CERTIFICATE, CERTIFICATION,25
LETTER OF AUTHORIZATION, OR REGISTRATION.26
(b) "LICENSEE" MEANS AN INDIVIDUAL WHO A LOCAL27
146
-8- GOVERNMENT ENTITY REQUIRES BY ORDINANCE OR RESOLUTION TO1
SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK IN2
CONNECTION WITH A LICENSE, CERTIFICATE, CERTIFICATION, LETTER OF3
AUTHORIZATION, OR REGISTRATION.4
(c) "LOCAL GOVERNMENT ENTITY" INCLUDES A COUNTY,5
MUNICIPALITY, AND CITY AND COUNTY.6
SECTION 3. In Colorado Revised Statutes, 12-135-502, add (7)7
as follows:8
12-135-502. Criminal history record checks - definition.9
(7) AS USED IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE10
DIVISION OR THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST11
BE AN EMPLOYEE OF THE DIVISION.12
SECTION 4. In Colorado Revised Statutes, 12-255-111.5, add13
(6) as follows:14
12-255-111.5. Requirements for certified midwife licensure -15
license by endorsement - questionnaire - fees - definition. (6) AS USED16
IN THIS SECTION, "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OR17
THE DIRECTOR'S DESIGNEE. THE DIRECTOR'S DESIGNEE MUST BE AN18
EMPLOYEE OF THE DIVISION.19
SECTION 5. In Colorado Revised Statutes, 26-6-705, amend20
(2)(a)(I) as follows:21
26-6-705. Approval of temporary caregiver - background22
check - training. (2) (a) A child placement agency operating a temporary23
care assistance program shall require an applicant to become an approved24
temporary caregiver and any other person who resides in the applicant's25
home and is eighteen years of age or older to submit to the following26
background checks:27
146
-9- (I) A fingerprint-based criminal history record check through the1
Colorado bureau of investigation and the federal bureau of investigation2
in the same manner as described in section 26-6-912 (1)(a)(I)(B). THE3
COLORADO BUREAU OF INVESTIGATION SHALL SEND RECORDS OBTAINED4
AS A RESULT OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK5
ONLY TO THE STATE DEPARTMENT, AND THE USE AND HANDLING OF THE6
INFORMATION MUST COMPLY WITH THE FEDERAL CRIMINAL JUSTICE7
INFORMATION SERVICES SECURITY POLICY . INFORMATION REGARDING THE8
RESULT OF THE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK9
RECEIVED FROM THE FEDERAL BUREAU OF INVESTIGATION AND RELEASED10
TO A FACILITY OR AGENCY MUST DISCLOSE ONLY WHETHER THE APPLICANT11
IS ELIGIBLE OR INELIGIBLE OR THAT THE INVESTIGATION IS INCONCLUSIVE,12
WITH A FURTHER REQUEST FOR THE APPLICANT TO CONTACT THE STATE13
DEPARTMENT TO PROVIDE FURTHER INFORMATION TO DETERMINE FINAL14
ELIGIBILITY STATUS.15
SECTION 6. In Colorado Revised Statutes, 30-15-401.4, amend16
(2)(a.5) and (3.5); and repeal (4)(c.5) as follows:17
30-15-401.4. Statewide policy to prevent the operation of illicit18
massage businesses - local regulation authorized - background checks19
required - legislative declaration - definitions. (2) As used in this20
section, unless the context otherwise requires:21
(a.5) "Background check" means a fingerprint-based criminal22
history record check conducted in accordance with subsection (4)(c.5) of23
this section and SECTION 24-33.5-424.5. "BACKGROUND CHECK" also24
includes, to the extent allowed or required, as applicable, by subsection25
(4)(c.5)(VI) of this section SECTION 24-33.5-424.5 (1)(g) when a26
fingerprint-based criminal history record check cannot be completed or27
146
-10- reveals a record of arrest without disposition, a criminal history record1
check using the Colorado bureau of investigation's records and a2
name-based judicial record check, as defined in section 22-2-119.3 (6)(d),3
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .4
(3.5) Except as otherwise provided in subsection (3)(c) of this5
section, a local government shall establish a process IN ACCORDANCE6
WITH 34 U.S.C. SEC. 41101, which may MUST be established by resolution7
or ordinance or otherwise ORDINANCE OR RESOLUTION, IN ACCORDANCE8
WITH 34 U.S.C. SEC. 41101; MUST MEET THE CRITERIA ESTABLISHED BY9
THE FEDERAL BUREAU OF INVESTIGATION IN IMPLEMENTING 34 U.S.C. SEC.10
41101; and MUST BE PERFORMED IN ACCORDANCE WITH SECTION11
24-33.5-424.5, to require that, as a condition for a person remaining as or12
becoming an operator, owner, or employee:13
(a) A person who is An operator, owner, or employee on the14
effective date of the resolution or ordinance submit to a background15
check PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 on or16
before the earlier of October 1, 2025 JULY 1, 2026, or any other date17
specified by a local government in its process;18
(b) A prospective employee submit to a background check19
PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 before20
commencing employment with a massage facility; and21
(c) A prospective operator or owner submit to a background check22
PERFORMED IN ACCORDANCE WITH SECTION 24-33.5-424.5 at least thirty23
days before, as applicable, being granted a license to operate a massage24
facility or assuming an ownership interest in a massage facility that would25
make the prospective owner an owner.26
(4) (c.5) (I) An applicant who holds a license or is applying for a27
146
-11- license, an owner or prospective owner, or an employee or prospective1
employee shall submit to a fingerprint-based criminal history record2
check. The applicant, owner or prospective owner, or employee or3
prospective employee shall pay the costs associated with the4
fingerprint-based criminal history record check.5
(II) A person who is, as of the effective date of this subsection6
(4)(c.5), an applicant who holds a license, an owner, or an employee shall7
have the applicant's, owner's, or employee's fingerprints taken by a local8
law enforcement agency or any third party approved by the Colorado9
bureau of investigation for the purpose of obtaining a fingerprint-based10
criminal history record check no later than October 1, 2025. An applicant11
for a new license, a prospective owner, or a prospective employee shall12
have the applicant's fingerprints taken by a local law enforcement agency13
or any third party approved by the Colorado bureau of investigation for14
the purpose of obtaining a fingerprint-based criminal history record check15
before, as applicable, being granted a license, assuming an ownership16
interest in a massage facility that would make the prospective owner an17
owner, or commencing employment with a massage facility. The18
applicant, owner or prospective owner, or employee or prospective19
employee shall authorize the entity taking the applicant's fingerprints to20
submit, and the entity shall submit, the complete set of the applicant's21
fingerprints to the Colorado bureau of investigation for the purpose of22
conducting a fingerprint-based criminal history record check.23
(III) If an approved third party takes the applicant's, owner's or24
prospective owner's, or employee's or prospective employee's fingerprints,25
the fingerprints may be electronically captured using Colorado bureau of26
investigation-approved livescan equipment. Third-party vendors shall not27
146
-12- keep the applicant's, owner's or prospective owner's, or employee's or1
prospective employee's information for more than thirty days.2
(IV) The Colorado bureau of investigation shall use the3
applicant's, owner's or prospective owner's, or employee's or prospective4
employee's fingerprints to conduct a criminal history record check using5
the bureau's records. The Colorado bureau of investigation shall also6
forward the fingerprints to the federal bureau of investigation for the7
purpose of conducting a national fingerprint-based criminal history record8
check. The Colorado bureau of investigation; the applicant, owner or9
prospective owner, or employee or prospective employee; the licensing10
authority; and the entity taking fingerprints shall comply with the federal11
bureau of investigation's requirements to conduct a fingerprint-based12
criminal history record check.13
(V) The Colorado bureau of investigation shall return the results14
of its criminal history record check to the licensing authority, and the15
licensing authority is authorized to receive the results of the federal16
bureau of investigation's criminal history record check. The licensing17
authority shall use the information resulting from the criminal history18
record checks to investigate and determine whether an applicant is19
qualified to hold a license or be an owner or employee pursuant to this20
section.21
(VI) When the results of a fingerprint-based criminal history22
record check of an applicant performed pursuant to this section reveal a23
record of arrest without a disposition, the local licensing authority shall24
require the applicant to submit to a name-based judicial record check, as25
defined in section 22-2-119.3 (6)(d).26
SECTION 7. In Colorado Revised Statutes, 25-3.5-203, amend27
146
-13- (4)(a) and (4)(g) as follows:1
25-3.5-203. Emergency medical service providers - licensure2
- renewal of license - duties of department - rules - record checks -3
definitions. (4) (a) The department shall require a certification or4
licensure applicant to submit to a federal bureau of investigation5
fingerprint-based national criminal history record check from the6
Colorado bureau of investigation to investigate the applicant for an7
emergency medical service provider certificate or license. The department8
may acquire a name-based judicial record check for a certificate or license9
applicant, PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .10
(g) When the results of a fingerprint-based criminal history record11
check of a person AN INDIVIDUAL performed pursuant to this subsection12
(4) reveal a record of arrest without a disposition, the department13
government entity, or private, not-for-profit, or for-profit organization14
that required the fingerprint-based criminal history record check shall15
require that person INDIVIDUAL to submit to a name-based judicial record16
check, as defined in section 22-2-119.3 (6)(d), PERFORMED USING STATE17
JUDICIAL DEPARTMENT RECORDS .18
SECTION 8. In Colorado Revised Statutes, 25-3.5-317, add19
(3)(a)(III) and (7) as follows:20
25-3.5-317. License - application - inspection - criminal history21
record check - issuance - investigation - definitions. (3) (a) (III) WHEN22
THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK23
OF AN INDIVIDUAL PERFORMED PURSUANT TO THIS SUBSECTION (3) REVEAL24
A RECORD OF ARREST WITHOUT A DISPOSITION, THE DEPARTMENT SHALL25
REQUIRE THAT INDIVIDUAL TO SUBMIT TO A NAME-BASED JUDICIAL26
RECORD CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d), PERFORMED27
146
-14- USING STATE JUDICIAL DEPARTMENT RECORDS .1
(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE2
REQUIRES:3
(a) "OPERATOR" MEANS AN INDIVIDUAL DESIGNATED BY AN4
AMBULANCE SERVICE AS RESPONSIBLE FOR THE DAY-TO-DAY OPERATIONS5
OF THE AMBULANCE SERVICE.6
(b) "OWNER" MEANS AN OFFICER, DIRECTOR, GENERAL PARTNER,7
LIMITED PARTNER, OR OTHER INDIVIDUAL WITH A FINANCIAL OR EQUITY8
OWNERSHIP INTEREST OF FIFTY PERCENT OR MORE OF AN AMBULANCE9
SERVICE.10
SECTION 9. In Colorado Revised Statutes, 25-3.5-1305, amend11
(3)(a)(III) and (3)(a)(IV) as follows:12
25-3.5-1305. License - application - inspection - record check13
- issuance. (3) (a) (III) The department may acquire a name-based14
judicial record check, PERFORMED USING STATE JUDICIAL DEPARTMENT15
RECORDS, for an owner, manager, or administrator.16
(IV) When the results of a fingerprint-based criminal history17
record check of a person AN INDIVIDUAL performed pursuant to this18
subsection (3) reveal a record of arrest without a disposition, the19
department shall require that person INDIVIDUAL to submit to a20
name-based judicial record check, as defined in section 22-2-119.3 (6)(d),21
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .22
SECTION 10. In Colorado Revised Statutes, 25-27-105, amend23
(2.5)(a), (2.5)(a.5), and (2.5)(a.7); and add (5) as follows:24
25-27-105. License - application - inspection - issuance -25
definitions. (2.5) (a) On July 1, 2002, as part of an original application26
and on and after July 1, 2002, on the first renewal of an application for27
146
-15- assisted living residences licensed before July 1, 2002, for a license, an1
owner, applicant, or licensee shall request from a criminal justice agency2
designated by the department criminal history record information3
regarding such owner, applicant, or licensee. The information, upon such4
request and subject to any restrictions imposed by such agency, shall be5
forwarded by the criminal justice agency directly to the department WHEN6
SUBMITTING AN APPLICATION FOR A LICENSE PURSUANT TO THIS SECTION,7
OR WITHIN TEN DAYS AFTER A CHANGE IN OWNERSHIP OR A CHANGE IN THE8
LICENSEE, EACH OWNER, APPLICANT, OR LICENSEE SHALL SUBMIT A9
COMPLETE SET OF THE OWNER 'S, APPLICANT'S, OR LICENSEE'S10
FINGERPRINTS TO THE COLORADO BUREAU OF INVESTIGATION FOR THE11
PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY12
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL13
FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION14
FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL15
HISTORY RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION16
SHALL FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS17
TO THE DEPARTMENT.18
(a.5) On and after July 1, 2002, the department may require that19
an administrator request from a criminal justice agency designated by the20
department a criminal history record on such administrator. The21
information, upon such request and subject to any restrictions imposed by22
such agency, shall be forwarded by the criminal justice agency directly to23
the department THE DEPARTMENT MAY REQUIRE THAT AN ADMINISTRATOR24
SUBMIT A COMPLETE SET OF THE ADMINISTRATOR'S FINGERPRINTS TO THE25
COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING26
A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK . THE27
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-16- COLORADO BUREAU OF INVESTIGATION SHALL FORWARD THE1
FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR THE2
PURPOSE OF CONDUCTING A FINGERPRINT-BASED CRIMINAL HISTORY3
RECORD CHECK. THE COLORADO BUREAU OF INVESTIGATION SHALL4
FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECKS TO5
THE DEPARTMENT.6
(a.7) When the results of a fingerprint-based criminal history7
record check of an applicant performed pursuant to this section reveal a8
record of arrest without a disposition, the department shall require that9
applicant to submit to a name-based judicial record check, as defined in10
section 22-2-119.3 (6)(d), PERFORMED USING STATE JUDICIAL11
DEPARTMENT RECORDS .12
(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "ADMINISTRATOR" MEANS AN INDIVIDUAL WHO CONTROLS AND15
SUPERVISES OR ATTEMPTS TO CONTROL AND SUPERVISE THE DAY-TO-DAY16
OPERATIONS OF AN ASSISTED LIVING RESIDENCE , INCLUDING AN17
INDIVIDUAL CONSIDERED AN INTERIM ADMINISTRATOR FOR THE PURPOSES18
OF SECTION 25-27-106 (4)(b).19
(b) "APPLICANT" MEANS AN INDIVIDUAL WHO IS SEEKING A20
LICENSE TO OPERATE AN ASSISTED LIVING RESIDENCE .21
(c) (I) "OWNER" MEANS AN INDIVIDUAL WHO;22
(A) IS A SOLE PROPRIETOR, A SHAREHOLDER IN A FOR-PROFIT OR23
NONPROFIT CORPORATION, A PARTNER IN A PARTNERSHIP OR LIMITED24
PARTNERSHIP, OR A MEMBER IN A LIMITED LIABILITY COMPANY ; AND25
(B) HAS A FINANCIAL OR EQUITY INTEREST OF FIFTY PERCENT OR26
MORE IN THE ENTITY TO WHICH THE LICENSE TO OPERATE AN ASSISTED27
146
-17- LIVING RESIDENCE IS ISSUED.1
(II) "OWNER" INCLUDES A LICENSEE.2
SECTION 11. In Colorado Revised Statutes, 25-27.5-106,3
amend (3)(a) and (3)(a.5) as follows:4
25-27.5-106. License or registration - application - inspection5
- issuance - rules. (3) (a) With the submission of an application for a6
license or registration granted pursuant to this article 27.5, or within ten7
days after a change in the owner, manager, or administrator, each owner8
of a home care agency or home care placement agency and each manager9
or administrator of a home care agency or home care placement agency10
must SHALL submit a complete set of the person's INDIVIDUAL'S11
fingerprints to the Colorado bureau of investigation for the purpose of12
conducting a state and national fingerprint-based criminal history record13
check. utilizing records of the Colorado bureau of investigation and the14
federal bureau of investigation THE COLORADO BUREAU OF15
INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL16
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A17
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. Each owner and18
each manager or administrator is responsible for paying the fee19
established by the Colorado bureau of investigation for conducting the20
fingerprint-based criminal history record check to the bureau. Upon21
completion of the fingerprint-based criminal history record check, the22
bureau shall forward the results to the department.23
(a.5) When the results of a fingerprint-based criminal history24
record check of a person AN INDIVIDUAL performed pursuant to this25
subsection (3) reveal a record of arrest without a disposition, the26
department shall require that person INDIVIDUAL to submit to a27
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-18- name-based judicial record check, as defined in section 22-2-119.3 (6)(d),1
PERFORMED USING STATE JUDICIAL DEPARTMENT RECORDS .2
SECTION 12. In Colorado Revised Statutes, 26-5.7-110, amend3
(3)(f)(III); and add (1)(b.5) as follows:4
26-5.7-110. Host homes for youth - report - rules - definitions.5
(1) As used in this section, unless the context otherwise requires:6
(b.5) "ORGANIZATION" MEANS A CHILD PLACEMENT AGENCY, A7
COUNTY OR DISTRICT DEPARTMENT OF HUMAN OR SOCIAL SERVICES, OR A8
HOMELESS YOUTH SHELTER .9
(3) To operate a host home program, an organization must:10
(f) Maintain accurate and up-to-date records documenting the11
following for each host home operating under the program:12
(III) A copy of the completed DETERMINATION BY THE13
DEPARTMENT OF HUMAN SERVICES AS TO WHETHER THE INDIVIDUAL14
MEETS CRITERIA OR DOES NOT MEET CRITERIA FOR CERTIFICATION TO15
OPERATE A HOST HOME IN RESPONSE TO THE FINGERPRINT-BASED criminal16
history record check conducted pursuant to subsection (5) of this section17
for the individual operating the host home and all other individuals18
residing in the home who are eighteen years of age or older;19
SECTION 13. In Colorado Revised Statutes, 44-30-1603, amend20
(1) and (2); and add (1.5), (6.1), and (6.5) as follows:21
44-30-1603. Definitions. As used in this part 16, unless the22
context otherwise requires:23
(1) "Confidential information" means information related to the24
play of a fantasy contest by fantasy contest players obtained as a result of25
or by virtue of a person's employment "APPLICANT" MEANS A PERSON26
THAT HAS APPLIED FOR AN INITIAL LICENSE OR REGISTRATION OR A27
146
-19- RENEWAL LICENSE OR REGISTRATION TO OPERATE IN COLORADO AS A1
FANTASY CONTEST OR A SMALL FANTASY CONTEST OPERATOR. AN2
APPLICANT MUST BE THE INDIVIDUAL OR ENTITY THAT IS RESPONSIBLE FOR3
THE FINANCIAL AND CONTRACTUAL OBLIGATIONS OF THE FANTASY4
CONTEST PROVIDER.5
(1.5) "CONFIDENTIAL INFORMATION" MEANS INFORMATION6
RELATED TO THE PLAY OF A FANTASY CONTEST BY FANTASY CONTEST7
PLAYERS OBTAINED AS A RESULT OF OR BY VIRTUE OF AN INDIVIDUAL'S8
EMPLOYMENT.9
(2) "Director" means the director of the division of gaming. or the10
director's designee.11
(6.1) "GENERAL PARTNER" MEANS AN INDIVIDUAL ENGAGED WITH12
AT LEAST ONE OTHER INDIVIDUAL FOR THE PURPOSE OF JOINT PROFIT,13
THEREBY CREATING A GENERAL PARTNERSHIP .14
(6.5) "MANAGING OFFICER" MEANS AN INDIVIDUAL WHO MANAGES15
THE DAY-TO-DAY OPERATIONS OF A FANTASY CONTEST AND IS16
RESPONSIBLE FOR EXECUTING THE DECISIONS MADE BY THE BOARD OF17
DIRECTORS OF THE FANTASY CONTEST , IF APPLICABLE.18
SECTION 14. In Colorado Revised Statutes, 44-10-307, amend19
(4)(a) and (4)(c) as follows:20
44-10-307. Persons prohibited as licensees -21
definition. (4) (a) In investigating the qualifications of an applicant or a22
licensee, the state and local licensing authorities AUTHORITY may have23
access to criminal history record information furnished by a criminal24
justice agency subject to any restrictions imposed by such agency. In the25
event the state or local licensing authority considers the applicant's26
criminal history record, the state or local licensing authority shall also27
146
-20- consider any information provided by the applicant regarding such1
criminal history record, including but not limited to evidence of2
rehabilitation, character references, and educational achievements,3
especially those items pertaining to the period of time between the4
applicant's last criminal conviction and the consideration of the5
application for a state license.6
(c) (I) At the time of filing an application for issuance or renewal7
of a state medical marijuana business license, or A retail marijuana8
business license, OR A REGULATED MARIJUANA LICENSE OR REGISTRATION,9
INCLUDING AN OCCUPATIONAL LICENSE AND A LICENSE FOR A10
CONTROLLING BENEFICIAL OWNER, AS DEFINED IN SECTION 44-10-103 (13),11
an applicant shall submit a set of his or her THEIR fingerprints and file12
personal history information concerning the applicant's qualifications for13
a state license on forms prepared by the state licensing authority.14
(II) The state or local licensing authority or local jurisdiction shall15
submit the APPLICANT'S fingerprints to the Colorado bureau of16
investigation for the purpose of conducting fingerprint-based criminal17
history record checks. The Colorado bureau of investigation shall forward18
SUBMIT the fingerprints to the federal bureau of investigation for the19
purpose of conducting NATIONAL fingerprint-based criminal history20
record checks.21
(III) RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY22
RECORD CHECK SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION23
IN ACCORDANCE WITH THIS SECTION SHALL BE SENT TO THE STATE24
LICENSING AUTHORITY.25
(IV) When the results of a fingerprint-based criminal history26
record check reveal a record of arrest without a disposition, the state or27
146
-21- local licensing authority or local jurisdiction shall require an applicant or1
a license holder to submit to a name-based judicial record check, as2
defined in section 22-2-119.3 (6)(d). The state or local licensing authority3
or local jurisdiction shall use the information resulting from the4
fingerprint-based criminal history record check to investigate and5
determine whether an applicant is qualified to hold a state or local license6
pursuant to this article 10. The state or local licensing authority or local7
jurisdiction may verify any of the information an applicant is required to8
submit.9
SECTION 15. In Colorado Revised Statutes, 44-20-118, amend10
(2) as follows:11
44-20-118. Application - prelicensing education -12
fingerprint-based criminal history record check - rules.13
(2) Application for distributor's, manufacturer representative's, or14
manufacturer's, OR BUYER AGENT'S licenses shall MUST be made to the15
executive director.16
SECTION 16. In Colorado Revised Statutes, 44-20-118, amend17
(8)(a) as follows:18
44-20-118. Application - prelicensing education -19
fingerprint-based criminal history record check - rules. (8) (a) With20
the submission of an application for any A license issued under this part21
1, each applicant shall submit a complete set of fingerprints to the22
Colorado bureau of investigation or the auto industry division for the23
purpose of conducting fingerprint-based criminal history record checks.24
The Colorado bureau of investigation shall forward the fingerprints to the25
federal bureau of investigation for the purpose of conducting26
fingerprint-based criminal history record checks. The board or the27
146
-22- executive director AUTO INDUSTRY DIVISION shall use the information1
resulting from the fingerprint-based criminal history record check to2
investigate and determine whether an applicant. is qualified to be3
licensed. The board or the executive director AUTO INDUSTRY DIVISION4
may verify the information an applicant is required to submit. The5
applicant shall MUST pay the costs associated with the fingerprint-based6
criminal history record check to the Colorado bureau of investigation.7
SECTION 17. In Colorado Revised Statutes, 44-20-417, amend8
(8)(a) as follows:9
44-20-417. Application - fingerprint-based criminal history10
record check - rules. (8) (a) With the submission of an application for11
any A license issued under this part 4, each applicant shall submit a12
complete set of fingerprints to the Colorado bureau of investigation or the13
auto industry division for the purpose of conducting fingerprint-based14
criminal history record checks. The Colorado bureau of investigation15
shall forward the fingerprints to the federal bureau of investigation for the16
purpose of conducting fingerprint-based criminal history record checks.17
The board or the executive director AUTO INDUSTRY DIVISION shall use the18
information resulting from the fingerprint-based criminal history record19
check to investigate and determine whether an applicant. is qualified to20
be licensed. The board or the executive director AUTO INDUSTRY DIVISION21
may verify the information an applicant is required to submit. The22
applicant shall MUST pay the costs associated with the fingerprint-based23
criminal history record check to the Colorado bureau of investigation.24
SECTION 18. In Colorado Revised Statutes, 44-32-503, amend25
(4)(a) as follows:26
44-32-503. Rules of commission - licensing - record check.27
146
-23- (4) (a) With the submission of an application for a KEY OCCUPATIONAL1
LICENSE OR A SUPPORT OCCUPATIONAL license granted pursuant to this2
article 32, each applicant shall submit a set of fingerprints to the3
commission. The commission shall forward SUBMIT the fingerprints to the4
Colorado bureau of investigation for the purpose of conducting a state5
and national fingerprint-based criminal history record check utilizing6
records of the Colorado bureau of investigation and the federal bureau of7
investigation. Only the actual costs of the record check must be borne by8
the applicant. Nothing in this subsection (4) precludes the commission9
from making further inquiries into the background of the applicant. 10
SECTION 19. In Colorado Revised Statutes, 44-32-102, amend11
(1); and add (1.5), (13.3), (13.7), and (23.5) as follows:12
44-32-102. Definitions - rules. As used in this article 32, unless13
the context otherwise requires:14
(1) "Breakage" means the odd cents by which the amount payable15
on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten16
cents "APPLICANT" MEANS AN INDIVIDUAL APPLYING FOR A LICENSE,17
PERMIT, OR REGISTRATION OR THE RENEWAL OF A LICENSE , PERMIT, OR18
REGISTRATION GRANTED BY THE DIVISION PURSUANT TO THIS ARTICLE 32.19
(1.5) "BREAKAGE" MEANS THE ODD CENTS BY WHICH THE AMOUNT20
PAYABLE ON EACH DOLLAR WAGERED IN A PARI-MUTUEL POOL EXCEEDS21
A MULTIPLE OF TEN CENTS.22
(13.3) "KEY OCCUPATIONAL LICENSE" MEANS A LICENSE ISSUED BY23
THE DIVISION REQUIRED FOR AN INDIVIDUAL WHO EXERCISES SIGNIFICANT24
INFLUENCE OVER DECISIONS AFFECTING A BUSINESS LICENSED WITH THE25
COMMISSION PURSUANT TO SECTION 44-32-504.26
(13.7) "LICENSE" MEANS A LICENSE GRANTED BY THE DIVISION27
146
-24- PURSUANT TO THIS ARTICLE 32.1
(23.5) "SUPPORT OCCUPATIONAL LICENSE" MEANS A LICENSE2
ISSUED BY THE DIVISION REQUIRED FOR AN INDIVIDUAL REGULATED BY3
THE DIVISION WHO IS NOT SUBJECT TO A KEY OCCUPATIONAL LICENSE OR4
AN OCCUPATIONAL REGISTRATION LICENSE .5
SECTION 20. Safety clause. The general assembly finds,6
determines, and declares that this act is necessary for the immediate7
preservation of the public peace, health, or safety or for appropriations for8
the support and maintenance of the departments of the state and state9
institutions.10
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-25-