Senate Bill 25-146 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning alignment of fingerprint-based criminal history

• Page 1, Line 102record check laws with federal requirements.

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;
• 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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 12-20-202, amend (5) as follows:

• Page 2, Line 312-20-202.  Licenses, certifications, and registrations - renewal

• Page 2, Line 4- reinstatement - fees - occupational credential portability program

• Page 2, Line 5- exceptions for military personnel, spouses, gold star military

• Page 2, Line 6spouses, and dependents - rules - consideration of criminal

• Page 2, Line 7convictions or driver's history - executive director authority -

• Page 2, Line 8definitions. (5)  Criminal convictions. (a)  Unless there is a specific

• Page 2, Line 9statutory disqualification that prohibits an applicant from obtaining

• Page 2, Line 10licensure, certification, or registration based on a criminal conviction, if

• Page 3, Line 1a regulator determines that an applicant for licensure, certification, or

• Page 3, Line 2registration has a criminal record, the regulator is governed by sections

• Page 3, Line 312-20-206 and 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration.

• Page 3, Line 4(b)  A regulator may require an applicant for a license,

• Page 3, Line 5certification, or registration issued pursuant to the following

• Page 3, Line 6sections to submit to a fingerprint-based criminal history record check:

• Page 3, Line 7(I)  An audiologist licensed pursuant to section 12-210-105;

• Page 3, Line 8(II)  A certified midwife licensed pursuant to section 12-255-111.5;

• Page 3, Line 9(III)  A cremationist licensed pursuant to sections 12-135-501 (1) and 12-135-902;

• Page 3, Line 10(IV)  A dental hygienist licensed pursuant to section 12-220-405 or 12-220-407;

• Page 3, Line 11(V)  A dentist licensed pursuant to section 12-220-401, 12-220-402, or 12-220-404;

• Page 3, Line 12(VI)  An embalmer licensed pursuant to sections 12-135-501 (1) and 12-135-802;

• Page 3, Line 13(VII)  A funeral director licensed pursuant to sections 12-135-501 (1) and 12-135-602;

• Page 3, Line 14(VIII)  A licensed professional counselor licensed pursuant to section 12-245-604;

• Page 3, Line 15(IX)  A mortuary science practitioner licensed pursuant to sections 12-135-501 (1) and 12-135-702;

• Page 3, Line 16(X)  A natural reductionist licensed pursuant to sections

• Page 3, Line 1712-135-501 (1) and 12-135-902;

• Page 4, Line 1(XI)  An occupational therapist licensed pursuant to sections 12-270-106 (1) and 12-270-107;

• Page 4, Line 2(XII)  An occupational therapy assistant licensed pursuant to sections 12-270-106 (2) and 12-270-108;

• Page 4, Line 3(XIII)  A physician assistant licensed pursuant to section 12-240-113;

• Page 4, Line 4(XIV)  A social worker licensed pursuant to section 12-245-404; or

• Page 4, Line 5(XV)  A speech-language pathologist certified pursuant to sections 12-305-106 and 12-305-107.

• Page 4, Line 6(c)  An applicant submitting to a fingerprint-based

• Page 4, Line 7criminal history record check pursuant to subsection (5)(b) of

• Page 4, Line 8this section shall pay the costs associated with the fingerprint-based criminal history record check.

• Page 4, Line 9(d)  After submitting an application for a license,

• Page 4, Line 10certification, or registration, if the applicant elects to submit

• Page 4, Line 11to a fingerprint-based criminal history record check, the

• Page 4, Line 12applicant shall have the applicant's fingerprints taken by a

• Page 4, Line 13local law enforcement agency or a third party approved by the

• Page 4, Line 14Colorado bureau of investigation. The applicant shall

• Page 4, Line 15authorize the entity taking the applicant's fingerprints to

• Page 4, Line 16submit, and the entity shall submit, the complete set of the

• Page 4, Line 17applicant's fingerprints to the Colorado bureau of investigation

• Page 4, Line 18for the purpose of conducting a fingerprint-based criminal history record check.

• Page 4, Line 19(e)  If an approved third party takes the applicant's

• Page 4, Line 20fingerprints, the fingerprints may be electronically captured

• Page 5, Line 1using Colorado bureau of investigation-approved livescan

• Page 5, Line 2equipment. A third-party vendor shall not keep the applicant's

• Page 5, Line 3information for more than thirty days after the information is collected.

• Page 5, Line 4(f)  The Colorado bureau of investigation shall use the

• Page 5, Line 5applicant's fingerprints to conduct a criminal history record

• Page 5, Line 6check using the bureau's records. The Colorado bureau of

• Page 5, Line 7investigation shall also forward the fingerprints to the federal

• Page 5, Line 8bureau of investigation for the purpose of conducting a

• Page 5, Line 9fingerprint-based criminal history record check. The Colorado

• Page 5, Line 10bureau of investigation, the applicant, the department, and the

• Page 5, Line 11entity taking fingerprints shall comply with the federal bureau

• Page 5, Line 12of investigation's requirements to conduct a criminal history record check.

• Page 5, Line 13(g)  The Colorado bureau of investigation shall return

• Page 5, Line 14the results of its criminal history record check to the

• Page 5, Line 15department, and the department is authorized to receive the

• Page 5, Line 16results of the federal bureau of investigation's criminal history

• Page 5, Line 17record check. The department shall use the information

• Page 5, Line 18resulting from the criminal history record checks to

• Page 5, Line 19investigate and determine whether an applicant is qualified to

• Page 5, Line 20hold a license, certification, or registration pursuant to this section.

• Page 5, Line 21(h)  When the results of a criminal history record check

• Page 5, Line 22of an applicant performed pursuant to this section reveal a

• Page 5, Line 23record of arrest without a disposition, the department shall

• Page 5, Line 24require the applicant to submit to a name-based judicial record

• Page 6, Line 1check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 6, Line 2SECTION 2.  In Colorado Revised Statutes, add 24-33.5-424.5 as follows:

• Page 6, Line 324-33.5-424.5.  Fingerprint-based criminal history record

• Page 6, Line 4checks - local government entities - state agencies - definition.

• Page 6, Line 5(1) (a)  A local government entity or a state regulatory agency

• Page 6, Line 6that requires by statute, rule, ordinance, or regulation that an

• Page 6, Line 7individual submit to a fingerprint-based criminal history record

• Page 6, Line 8check shall submit the individual's fingerprints to the Colorado

• Page 6, Line 9bureau of investigation for the purpose of conducting the fingerprint-based criminal history record check.

• Page 6, Line 10(b)  The individual, the local government entity, or the

• Page 6, Line 11state regulatory agency, as required by statute, rule,

• Page 6, Line 12ordinance, or regulation, shall pay the costs associated with the fingerprint-based criminal history record check.

• Page 6, Line 13(c)  After submitting an application that requires a

• Page 6, Line 14fingerprint-based criminal history record check, the individual

• Page 6, Line 15shall have the individual's fingerprints taken by a local law

• Page 6, Line 16enforcement agency or a third party approved by the Colorado

• Page 6, Line 17bureau of investigation for the purpose of obtaining a

• Page 6, Line 18fingerprint-based criminal history record check. The individual

• Page 6, Line 19shall authorize the entity taking the individual's fingerprints

• Page 6, Line 20to submit, and the entity shall submit, the complete set of the

• Page 6, Line 21individual's fingerprints to the Colorado bureau of

• Page 6, Line 22investigation for the purpose of conducting a fingerprint-based

• Page 6, Line 23criminal history record check.

• Page 7, Line 1(d)  If an approved third party takes the individual's

• Page 7, Line 2fingerprints, the fingerprints may be electronically captured

• Page 7, Line 3using Colorado bureau of investigation-approved livescan

• Page 7, Line 4equipment. A third-party vendor shall not keep the individual's

• Page 7, Line 5information for more than thirty days after the information is collected.

• Page 7, Line 6(e)  The Colorado bureau of investigation shall use the

• Page 7, Line 7individual's fingerprints to conduct a criminal history record

• Page 7, Line 8check using the bureau's records. The Colorado bureau of

• Page 7, Line 9investigation shall also forward the fingerprints to the federal

• Page 7, Line 10bureau of investigation for the purpose of conducting a

• Page 7, Line 11fingerprint-based criminal history record check. The Colorado

• Page 7, Line 12bureau of investigation, individual, local government entity or

• Page 7, Line 13state regulatory agency, and entity taking fingerprints shall

• Page 7, Line 14comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

• Page 7, Line 15(f)  The Colorado bureau of investigation shall return the

• Page 7, Line 16results of its criminal history record check to the local

• Page 7, Line 17government entity or state regulatory agency, and the local

• Page 7, Line 18government entity or state regulatory agency is authorized to

• Page 7, Line 19receive the results of the federal bureau of investigation's

• Page 7, Line 20criminal history record check. The local government entity or

• Page 7, Line 21state regulatory agency shall use the information resulting

• Page 7, Line 22from the criminal history record checks to investigate and determine whether an individual is qualified.

• Page 7, Line 23(g)  When the results of a fingerprint-based criminal

• Page 7, Line 24history record check of an individual performed pursuant to

• Page 8, Line 1this section reveal a record of arrest without a disposition, the

• Page 8, Line 2local government entity or state regulatory agency shall

• Page 8, Line 3require the individual to submit to a name-based judicial record

• Page 8, Line 4check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 8, Line 5(2)  As used in this section, "local government entity"

• Page 8, Line 6includes a county, municipality, and city and county, and a law enforcement agency of the foregoing.

• Page 8, Line 7SECTION 3.  In Colorado Revised Statutes, 12-135-502, add (7) as follows:

• Page 8, Line 812-135-502.  Criminal history record checks - definition.

• Page 8, Line 9(7)  As used in this section, "director" means the director of the

• Page 8, Line 10division or the director's designee. The director's designee must be an employee of the division.

• Page 8, Line 11SECTION 4.  In Colorado Revised Statutes, 12-255-111.5, add (6) as follows:

• Page 8, Line 1212-255-111.5.  Requirements for certified midwife licensure -

• Page 8, Line 13license by endorsement - questionnaire - fees - definition. (6)  As used

• Page 8, Line 14in this section, "director" means the director of the division or

• Page 8, Line 15the director's designee. The director's designee must be an employee of the division.

• Page 8, Line 16SECTION 5.  In Colorado Revised Statutes, 26-6-705, amend (2)(a)(I) as follows:

• Page 8, Line 1726-6-705.  Approval of temporary caregiver - background

• Page 8, Line 18check - training. (2) (a)  A child placement agency operating a temporary

• Page 8, Line 19care assistance program shall require an applicant to become an approved

• Page 8, Line 20temporary caregiver and any other person who resides in the applicant's

• Page 9, Line 1home and is eighteen years of age or older to submit to the following background checks:

• Page 9, Line 2(I)  A fingerprint-based criminal history record check through the

• Page 9, Line 3Colorado bureau of investigation and the federal bureau of investigation

• Page 9, Line 4in the same manner as described in section 26-6-912 (1)(a)(I)(B). The

• Page 9, Line 5Colorado bureau of investigation shall send records obtained

• Page 9, Line 6as a result of a fingerprint-based criminal history record check

• Page 9, Line 7only to the state department, and the use and handling of the

• Page 9, Line 8information must comply with the federal criminal justice

• Page 9, Line 9information services security policy. Information regarding the

• Page 9, Line 10result of the fingerprint-based criminal history record check

• Page 9, Line 11received from the federal bureau of investigation and released

• Page 9, Line 12to a facility or agency must disclose only whether the applicant

• Page 9, Line 13is eligible or ineligible or that the investigation is inconclusive,

• Page 9, Line 14with a further request for the applicant to contact the state

• Page 9, Line 15department to provide further information to determine final eligibility status.

• Page 9, Line 16SECTION 6.  In Colorado Revised Statutes, 30-15-401.4, amend (2)(a.5) and (4)(c.5) as follows:

• Page 9, Line 1730-15-401.4.  Statewide policy to prevent the operation of illicit

• Page 9, Line 18massage businesses - local regulation authorized - background checks

• Page 9, Line 19required - legislative declaration - definitions. (2)  As used in this section, unless the context otherwise requires:

• Page 9, Line 20(a.5)  "Background check" means a fingerprint-based criminal

• Page 9, Line 21history record check conducted in accordance with subsection (4)(c.5) of

• Page 9, Line 22this section and section 24-33.5-424.5. "Background check" also

• Page 9, Line 23includes, to the extent allowed or required, as applicable, by subsection

• Page 10, Line 1(4)(c.5)(VI) of this section section 24-33.5-424.5 (1)(g) when a

• Page 10, Line 2fingerprint-based criminal history record check cannot be completed or

• Page 10, Line 3reveals a record of arrest without disposition, a criminal history record

• Page 10, Line 4check using the Colorado bureau of investigation's records and a

• Page 10, Line 5name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 10, Line 6(4) (c.5) (I)  An applicant who holds a license or is applying for a

• Page 10, Line 7license, an owner or prospective owner, or an employee or prospective

• Page 10, Line 8employee shall submit to a fingerprint-based criminal history record

• Page 10, Line 9check performed in accordance with section 24-33.5-424.5. The

• Page 10, Line 10applicant, owner or prospective owner, or employee or prospective

• Page 10, Line 11employee shall pay the costs associated with the fingerprint-based criminal history record check.

• Page 10, Line 12(II)  A person who that is, as of the effective date of this

• Page 10, Line 13subsection (4)(c.5), an applicant who holds a license, an owner, or an

• Page 10, Line 14employee shall have the applicant's, owner's, or employee's fingerprints

• Page 10, Line 15taken by a local law enforcement agency or any a third party approved by

• Page 10, Line 16the Colorado bureau of investigation for the purpose of obtaining a

• Page 10, Line 17fingerprint-based criminal history record check performed in

• Page 10, Line 18accordance with section 24-33.5-424.5 no later than October 1, 2025.

• Page 10, Line 19An applicant for a new license, a prospective owner, or a prospective

• Page 10, Line 20employee shall have the applicant's fingerprints taken by a local law

• Page 10, Line 21enforcement agency or any third party approved by the Colorado bureau

• Page 10, Line 22of investigation for the purpose of obtaining a fingerprint-based criminal

• Page 10, Line 23history record check before, as applicable, being granted a license,

• Page 10, Line 24assuming an ownership interest in a massage facility that would make the

• Page 10, Line 25prospective owner an owner, or commencing employment with a massage

• Page 11, Line 1facility. The applicant, owner or prospective owner, or employee or

• Page 11, Line 2prospective employee shall authorize the entity taking the applicant's

• Page 11, Line 3fingerprints to submit, and the entity shall submit, the complete set of the

• Page 11, Line 4applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

• Page 11, Line 5(III)  If an approved third party takes the applicant's, owner's or

• Page 11, Line 6prospective owner's, or employee's or prospective employee's fingerprints,

• Page 11, Line 7the fingerprints may be electronically captured using Colorado bureau of

• Page 11, Line 8investigation-approved livescan equipment. Third-party vendors shall not

• Page 11, Line 9keep the applicant's, owner's or prospective owner's, or employee's or prospective employee's information for more than thirty days.

• Page 11, Line 10(IV)  The Colorado bureau of investigation shall use the

• Page 11, Line 11applicant's, owner's or prospective owner's, or employee's or prospective

• Page 11, Line 12employee's fingerprints to conduct a criminal history record check using

• Page 11, Line 13the bureau's records. The Colorado bureau of investigation shall also

• Page 11, Line 14forward the fingerprints to the federal bureau of investigation for the

• Page 11, Line 15purpose of conducting a national fingerprint-based criminal history record

• Page 11, Line 16check. The Colorado bureau of investigation; the applicant, owner or

• Page 11, Line 17prospective owner, or employee or prospective employee; the licensing

• Page 11, Line 18authority; and the entity taking fingerprints shall comply with the federal

• Page 11, Line 19bureau of investigation's requirements to conduct a fingerprint-based criminal history record check.

• Page 11, Line 20(V)  The Colorado bureau of investigation shall return the results

• Page 11, Line 21of its criminal history record check to the licensing authority, and the

• Page 11, Line 22licensing authority is authorized to receive the results of the federal

• Page 11, Line 23bureau of investigation's criminal history record check. The licensing

• Page 11, Line 24authority shall use the information resulting from the criminal history

• Page 12, Line 1record checks to investigate and determine whether an applicant is

• Page 12, Line 2qualified to hold a license or be an owner or employee pursuant to this section.

• Page 12, Line 3(VI)  When the results of a fingerprint-based criminal history

• Page 12, Line 4record check of an applicant performed pursuant to this section reveal a

• Page 12, Line 5record of arrest without a disposition, the local licensing authority shall

• Page 12, Line 6require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

• Page 12, Line 7SECTION 7.  In Colorado Revised Statutes, 25-3.5-203, amend (4)(a) and (4)(g) as follows:

• Page 12, Line 825-3.5-203.  Emergency medical service providers - licensure

• Page 12, Line 9- renewal of license - duties of department - rules - record checks -

• Page 12, Line 10definitions. (4) (a)  The department shall require a certification or

• Page 12, Line 11licensure applicant to submit to a federal bureau of investigation

• Page 12, Line 12fingerprint-based national criminal history record check from the

• Page 12, Line 13Colorado bureau of investigation to investigate the applicant for an

• Page 12, Line 14emergency medical service provider certificate or license. The department

• Page 12, Line 15may acquire a name-based judicial record check for a certificate or license applicant, performed using state judicial department records.

• Page 12, Line 16(g)  When the results of a fingerprint-based criminal history record

• Page 12, Line 17check of a person an individual performed pursuant to this subsection

• Page 12, Line 18(4) reveal a record of arrest without a disposition, the department

• Page 12, Line 19government entity, or private, not-for-profit, or for-profit organization

• Page 12, Line 20that required the fingerprint-based criminal history record check shall

• Page 12, Line 21require that person individual to submit to a name-based judicial record

• Page 12, Line 22check, as defined in section 22-2-119.3 (6)(d), performed using state

• Page 12, Line 23judicial department records.

• Page 13, Line 1SECTION 8.  In Colorado Revised Statutes, 25-3.5-317, add (3)(a)(III) and (7) as follows:

• Page 13, Line 225-3.5-317.  License - application - inspection - criminal history

• Page 13, Line 3record check - issuance - investigation - definitions. (3) (a) (III)  When

• Page 13, Line 4the results of a fingerprint-based criminal history record check

• Page 13, Line 5of an individual performed pursuant to this subsection (3) reveal

• Page 13, Line 6a record of arrest without a disposition, the department shall

• Page 13, Line 7require that individual to submit to a name-based judicial

• Page 13, Line 8record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 13, Line 9(7)  As used in this section, unless the context otherwise requires:

• Page 13, Line 10(a)  "Operator" means an individual designated by an

• Page 13, Line 11ambulance service as responsible for the day-to-day operations of the ambulance service.

• Page 13, Line 12(b)  "Owner" means an officer, director, general partner,

• Page 13, Line 13limited partner, or other individual with a financial or equity

• Page 13, Line 14ownership interest of fifty percent or more of an ambulance service.

• Page 13, Line 15SECTION 9.  In Colorado Revised Statutes, 25-3.5-1305, amend (3)(a)(III) and (3)(a)(IV) as follows:

• Page 13, Line 1625-3.5-1305.  License - application - inspection - record check

• Page 13, Line 17- issuance. (3) (a) (III)  The department may acquire a name-based

• Page 13, Line 18judicial record check, performed using state judicial department records, for an owner, manager, or administrator.

• Page 13, Line 19(IV)  When the results of a fingerprint-based criminal history

• Page 13, Line 20record check of a person an individual performed pursuant to this

• Page 14, Line 1subsection (3) reveal a record of arrest without a disposition, the

• Page 14, Line 2department shall require that person individual to submit to a

• Page 14, Line 3name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 14, Line 4SECTION 10.  In Colorado Revised Statutes, 25-27-105, amend (2.5)(a), (2.5)(a.5), and (2.5)(a.7); and add (5) as follows:

• Page 14, Line 525-27-105.  License - application - inspection - issuance -

• Page 14, Line 6definitions. (2.5) (a)  On July 1, 2002, as part of an original application

• Page 14, Line 7and on and after July 1, 2002, on the first renewal of an application for

• Page 14, Line 8assisted living residences licensed before July 1, 2002, for a license, an

• Page 14, Line 9owner, applicant, or licensee shall request from a criminal justice agency

• Page 14, Line 10designated by the department criminal history record information

• Page 14, Line 11regarding such owner, applicant, or licensee. The information, upon such

• Page 14, Line 12request and subject to any restrictions imposed by such agency, shall be

• Page 14, Line 13forwarded by the criminal justice agency directly to the department When

• Page 14, Line 14submitting an application for a license pursuant to this section,

• Page 14, Line 15or within ten days after a change in ownership or a change in the

• Page 14, Line 16licensee, each owner, applicant, or licensee shall submit a

• Page 14, Line 17complete set of the owner's, applicant's, or licensee's

• Page 14, Line 18fingerprints to the Colorado bureau of investigation for the

• Page 14, Line 19purpose of conducting a fingerprint-based criminal history

• Page 14, Line 20record check. The Colorado bureau of investigation shall

• Page 14, Line 21forward the fingerprints to the federal bureau of investigation

• Page 14, Line 22for the purpose of conducting a fingerprint-based criminal

• Page 14, Line 23history record check. The Colorado bureau of investigation

• Page 14, Line 24shall forward the results of the criminal history record checks

• Page 14, Line 25to the department.

• Page 15, Line 1(a.5)  On and after July 1, 2002, the department may require that

• Page 15, Line 2an administrator request from a criminal justice agency designated by the

• Page 15, Line 3department a criminal history record on such administrator. The

• Page 15, Line 4information, upon such request and subject to any restrictions imposed by

• Page 15, Line 5such agency, shall be forwarded by the criminal justice agency directly to

• Page 15, Line 6the department The department may require that an administrator

• Page 15, Line 7submit a complete set of the administrator's fingerprints to the

• Page 15, Line 8Colorado bureau of investigation for the purpose of conducting

• Page 15, Line 9a fingerprint-based criminal history record check. The

• Page 15, Line 10Colorado bureau of investigation shall forward the

• Page 15, Line 11fingerprints to the federal bureau of investigation for the

• Page 15, Line 12purpose of conducting a fingerprint-based criminal history

• Page 15, Line 13record check. The Colorado bureau of investigation shall

• Page 15, Line 14forward the results of the criminal history record checks to the department.

• Page 15, Line 15(a.7)  When the results of a fingerprint-based criminal history

• Page 15, Line 16record check of an applicant performed pursuant to this section reveal a

• Page 15, Line 17record of arrest without a disposition, the department shall require that

• Page 15, Line 18applicant to submit to a name-based judicial record check, as defined in

• Page 15, Line 19section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 15, Line 20(5)  As used in this section, unless the context otherwise requires:

• Page 15, Line 21(a)  "Administrator" means an individual who controls and

• Page 15, Line 22supervises or attempts to control and supervise the day-to-day

• Page 15, Line 23operations of an assisted living residence, including an

• Page 15, Line 24individual considered an interim administrator for the purposes of section 25-27-106 (4)(b).

• Page 16, Line 1(b)  "Applicant" means an individual who is seeking a license to operate an assisted living residence.

• Page 16, Line 2(c) (I)  "Owner" means an individual who is a sole

• Page 16, Line 3proprietor, a shareholder in a for-profit or nonprofit

• Page 16, Line 4corporation, a partner in a partnership or limited partnership,

• Page 16, Line 5or a member in a limited liability company and who has a

• Page 16, Line 6financial or equity interest of fifty percent or more in the

• Page 16, Line 7entity to which the license to operate an assisted living residence is issued.

• Page 16, Line 8(II)  "Owner" includes a licensee.

• Page 16, Line 9SECTION 11.  In Colorado Revised Statutes, 25-27.5-106, amend (3)(a) and (3)(a.5) as follows:

• Page 16, Line 1025-27.5-106.  License or registration - application - inspection

• Page 16, Line 11- issuance - rules. (3) (a)  With the submission of an application for a

• Page 16, Line 12license or registration granted pursuant to this article 27.5, or within ten

• Page 16, Line 13days after a change in the owner, manager, or administrator, each owner

• Page 16, Line 14of a home care agency or home care placement agency and each manager

• Page 16, Line 15or administrator of a home care agency or home care placement agency

• Page 16, Line 16must shall submit a complete set of the person's individual's

• Page 16, Line 17fingerprints to the Colorado bureau of investigation for the purpose of

• Page 16, Line 18conducting a state and national fingerprint-based criminal history record

• Page 16, Line 19check. utilizing records of the Colorado bureau of investigation and the

• Page 16, Line 20federal bureau of investigation The Colorado bureau of

• Page 16, Line 21investigation shall forward the fingerprints to the federal

• Page 16, Line 22bureau of investigation for the purpose of conducting a

• Page 16, Line 23fingerprint-based criminal history record check. Each owner and

• Page 17, Line 1each manager or administrator is responsible for paying the fee

• Page 17, Line 2established by the Colorado bureau of investigation for conducting the

• Page 17, Line 3fingerprint-based criminal history record check to the bureau. Upon

• Page 17, Line 4completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the department.

• Page 17, Line 5(a.5)  When the results of a fingerprint-based criminal history

• Page 17, Line 6record check of a person an individual performed pursuant to this

• Page 17, Line 7subsection (3) reveal a record of arrest without a disposition, the

• Page 17, Line 8department shall require that person individual to submit to a

• Page 17, Line 9name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 17, Line 10SECTION 12.  In Colorado Revised Statutes, 26-5.7-110, amend (3)(f)(III); and add (1)(b.5) as follows:

• Page 17, Line 1126-5.7-110.  Host homes for youth - report - rules - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 17, Line 12(b.5)  "Organization" means a child placement agency, a

• Page 17, Line 13county or district department of human or social services, or a homeless youth shelter.

• Page 17, Line 14(3)  To operate a host home program, an organization must:

• Page 17, Line 15(f)  Maintain accurate and up-to-date records documenting the following for each host home operating under the program:

• Page 17, Line 16(III)  A copy of the completed determination by the

• Page 17, Line 17department of human services as to whether the individual

• Page 17, Line 18meets criteria or does not meet criteria for certification to

• Page 17, Line 19operate a host home in response to the fingerprint-based criminal

• Page 17, Line 20history record check conducted pursuant to subsection (5) of this section

• Page 17, Line 21for the individual operating the host home and all other individuals residing in the home who are eighteen years of age or older;

• Page 18, Line 1SECTION 13.  In Colorado Revised Statutes, 44-30-1603, amend (1); and add (1.5), (6.1), and (6.5) as follows:

• Page 18, Line 244-30-1603.  Definitions. As used in this part 16, unless the context otherwise requires:

• Page 18, Line 3(1)  "Confidential information" means information related to the

• Page 18, Line 4play of a fantasy contest by fantasy contest players obtained as a result of

• Page 18, Line 5or by virtue of a person's employment "Applicant" means an

• Page 18, Line 6individual or entity that has applied for an initial license or

• Page 18, Line 7registration or a renewal license or registration to operate in

• Page 18, Line 8Colorado as a fantasy contest or a small fantasy contest

• Page 18, Line 9operator. An applicant must be the individual or entity that is

• Page 18, Line 10responsible for the financial and contractual obligations of the fantasy contest provider.

• Page 18, Line 11(1.5)  "Confidential information" means information

• Page 18, Line 12related to the play of a fantasy contest by fantasy contest

• Page 18, Line 13players obtained as a result of or by virtue of an individual's employment.

• Page 18, Line 14(6.1)  "General partner" means an individual engaged with

• Page 18, Line 15at least one other individual for the purpose of joint profit, thereby creating a general partnership.

• Page 18, Line 16(6.5)  "Managing officer" means an individual who manages

• Page 18, Line 17the day-to-day operations of a fantasy contest and is

• Page 18, Line 18responsible for executing the decisions made by the board of directors of the fantasy contest, if applicable.

• Page 18, Line 19SECTION 14.  Safety clause. The general assembly finds,

• Page 18, Line 20determines, and declares that this act is necessary for the immediate

• Page 19, Line 1preservation of the public peace, health, or safety or for appropriations for

• Page 19, Line 2the support and maintenance of the departments of the state and state institutions.