Senate Bill 25-146 Introduced

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 shall pay the costs associated with the fingerprint-based criminal history record check.

• Page 6, Line 11(c)  After submitting an application that requires a

• Page 6, Line 12fingerprint-based criminal history record check, the individual

• Page 6, Line 13shall have the individual's fingerprints taken by a local law

• Page 6, Line 14enforcement agency or a third party approved by the Colorado

• Page 6, Line 15bureau of investigation for the purpose of obtaining a

• Page 6, Line 16fingerprint-based criminal history record check. The individual

• Page 6, Line 17shall authorize the entity taking the individual's fingerprints

• Page 6, Line 18to submit, and the entity shall submit, the complete set of the

• Page 6, Line 19individual's fingerprints to the Colorado bureau of

• Page 6, Line 20investigation for the purpose of conducting a fingerprint-based criminal history record check.

• Page 6, Line 21(d)  If an approved third party takes the individual's

• Page 6, Line 22fingerprints, the fingerprints may be electronically captured

• Page 7, Line 1using Colorado bureau of investigation-approved livescan

• Page 7, Line 2equipment. A third-party vendor shall not keep the individual's

• Page 7, Line 3information for more than thirty days after the information is collected.

• Page 7, Line 4(e)  The Colorado bureau of investigation shall use the

• Page 7, Line 5individual's fingerprints to conduct a criminal history record

• Page 7, Line 6check using the bureau's records. The Colorado bureau of

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

• Page 7, Line 8bureau of investigation for the purpose of conducting a

• Page 7, Line 9fingerprint-based criminal history record check. The Colorado

• Page 7, Line 10bureau of investigation, individual, local government entity or

• Page 7, Line 11state regulatory agency, and entity taking fingerprints shall

• Page 7, Line 12comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

• Page 7, Line 13(f)  The Colorado bureau of investigation shall return the

• Page 7, Line 14results of its criminal history record check to the local

• Page 7, Line 15government entity or state regulatory agency, and the local

• Page 7, Line 16government entity or state regulatory agency is authorized to

• Page 7, Line 17receive the results of the federal bureau of investigation's

• Page 7, Line 18criminal history record check. The local government entity or

• Page 7, Line 19state regulatory agency shall use the information resulting

• Page 7, Line 20from the criminal history record checks to investigate and determine whether an individual is qualified.

• Page 7, Line 21(g)  When the results of a fingerprint-based criminal

• Page 7, Line 22history record check of an individual performed pursuant to

• Page 7, Line 23this section reveal a record of arrest without a disposition, the

• Page 7, Line 24local government entity or state regulatory agency shall

• Page 8, Line 1require the individual to submit to a name-based judicial record

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

• Page 8, Line 3(2)  As used in this section, "local government entity"

• Page 8, Line 4includes a county, municipality, and city and county, and a law enforcement agency of the foregoing.

• Page 8, Line 5SECTION 3.  In Colorado Revised Statutes, 12-135-502, add (7) as follows:

• Page 8, Line 612-135-502.  Criminal history record checks - definition.

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

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

• Page 8, Line 9SECTION 4.  In Colorado Revised Statutes, 12-255-111.5, add (6) as follows:

• Page 8, Line 1012-255-111.5.  Requirements for certified midwife licensure -

• Page 8, Line 11license by endorsement - questionnaire - fees - definition. (6)  As used

• Page 8, Line 12in this section, "director" means the director of the division or

• Page 8, Line 13the director's designee. The director's designee must be an employee of the division.

• Page 8, Line 14SECTION 5.  In Colorado Revised Statutes, 26-6-705, amend (2)(a)(I) as follows:

• Page 8, Line 1526-6-705.  Approval of temporary caregiver - background

• Page 8, Line 16check - training. (2) (a)  A child placement agency operating a temporary

• Page 8, Line 17care assistance program shall require an applicant to become an approved

• Page 8, Line 18temporary caregiver and any other person who resides in the applicant's

• Page 8, Line 19home and is eighteen years of age or older to submit to the following

• Page 8, Line 20background checks:

• Page 9, Line 1(I)  A fingerprint-based criminal history record check through the

• Page 9, Line 2Colorado bureau of investigation and the federal bureau of investigation

• Page 9, Line 3in the same manner as described in section 26-6-912 (1)(a)(I)(B). The

• Page 9, Line 4Colorado bureau of investigation shall send records obtained

• Page 9, Line 5as a result of a fingerprint-based criminal history record check

• Page 9, Line 6only to the state department, and the use and handling of the

• Page 9, Line 7information must comply with the federal criminal justice

• Page 9, Line 8information services security policy. Information regarding the

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

• Page 9, Line 10received from the federal bureau of investigation and released

• Page 9, Line 11to a facility or agency must disclose only whether the applicant

• Page 9, Line 12is eligible or ineligible or that the investigation is inconclusive,

• Page 9, Line 13with a further request for the applicant to contact the state

• Page 9, Line 14department to provide further information to determine final eligibility status.

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

• Page 9, Line 1630-15-401.4.  Statewide policy to prevent the operation of illicit

• Page 9, Line 17massage businesses - local regulation authorized - background checks

• Page 9, Line 18required - legislative declaration - definitions. (2)  As used in this section, unless the context otherwise requires:

• Page 9, Line 19(a.5)  "Background check" means a fingerprint-based criminal

• Page 9, Line 20history record check conducted in accordance with subsection (4)(c.5) of

• Page 9, Line 21this section and section 24-33.5-424.5. "Background check" also

• Page 9, Line 22includes, to the extent allowed or required, as applicable, by subsection

• Page 9, Line 23(4)(c.5)(VI) of this section section 24-33.5-424.5 (1)(g) when a

• Page 9, Line 24fingerprint-based criminal history record check cannot be completed or

• Page 10, Line 1reveals a record of arrest without disposition, a criminal history record

• Page 10, Line 2check using the Colorado bureau of investigation's records and a

• Page 10, Line 3name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

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

• Page 10, Line 5license, an owner or prospective owner, or an employee or prospective

• Page 10, Line 6employee shall submit to a fingerprint-based criminal history record

• Page 10, Line 7check performed in accordance with section 24-33.5-424.5. The

• Page 10, Line 8applicant, owner or prospective owner, or employee or prospective

• Page 10, Line 9employee shall pay the costs associated with the fingerprint-based criminal history record check.

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

• Page 10, Line 11subsection (4)(c.5), an applicant who holds a license, an owner, or an

• Page 10, Line 12employee shall have the applicant's, owner's, or employee's fingerprints

• Page 10, Line 13taken by a local law enforcement agency or any a third party approved by

• Page 10, Line 14the Colorado bureau of investigation for the purpose of obtaining a

• Page 10, Line 15fingerprint-based criminal history record check performed in

• Page 10, Line 16accordance with section 24-33.5-424.5 no later than October 1, 2025.

• Page 10, Line 17An applicant for a new license, a prospective owner, or a prospective

• Page 10, Line 18employee shall have the applicant's fingerprints taken by a local law

• Page 10, Line 19enforcement agency or any third party approved by the Colorado bureau

• Page 10, Line 20of investigation for the purpose of obtaining a fingerprint-based criminal

• Page 10, Line 21history record check before, as applicable, being granted a license,

• Page 10, Line 22assuming an ownership interest in a massage facility that would make the

• Page 10, Line 23prospective owner an owner, or commencing employment with a massage

• Page 10, Line 24facility. The applicant, owner or prospective owner, or employee or

• Page 10, Line 25prospective employee shall authorize the entity taking the applicant's

• Page 11, Line 1fingerprints to submit, and the entity shall submit, the complete set of the

• Page 11, Line 2applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

• Page 11, Line 3(III)  If an approved third party takes the applicant's, owner's or

• Page 11, Line 4prospective owner's, or employee's or prospective employee's fingerprints,

• Page 11, Line 5the fingerprints may be electronically captured using Colorado bureau of

• Page 11, Line 6investigation-approved livescan equipment. Third-party vendors shall not

• Page 11, Line 7keep 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 8(IV)  The Colorado bureau of investigation shall use the

• Page 11, Line 9applicant's, owner's or prospective owner's, or employee's or prospective

• Page 11, Line 10employee's fingerprints to conduct a criminal history record check using

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

• Page 11, Line 12forward the fingerprints to the federal bureau of investigation for the

• Page 11, Line 13purpose of conducting a national fingerprint-based criminal history record

• Page 11, Line 14check. The Colorado bureau of investigation; the applicant, owner or

• Page 11, Line 15prospective owner, or employee or prospective employee; the licensing

• Page 11, Line 16authority; and the entity taking fingerprints shall comply with the federal

• Page 11, Line 17bureau of investigation's requirements to conduct a fingerprint-based criminal history record check.

• Page 11, Line 18(V)  The Colorado bureau of investigation shall return the results

• Page 11, Line 19of its criminal history record check to the licensing authority, and the

• Page 11, Line 20licensing authority is authorized to receive the results of the federal

• Page 11, Line 21bureau of investigation's criminal history record check. The licensing

• Page 11, Line 22authority shall use the information resulting from the criminal history

• Page 11, Line 23record checks to investigate and determine whether an applicant is

• Page 11, Line 24qualified to hold a license or be an owner or employee pursuant to this section.

• Page 12, Line 1(VI)  When the results of a fingerprint-based criminal history

• Page 12, Line 2record check of an applicant performed pursuant to this section reveal a

• Page 12, Line 3record of arrest without a disposition, the local licensing authority shall

• Page 12, Line 4require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

• Page 12, Line 5SECTION 7.  In Colorado Revised Statutes, 25-3.5-203, amend (4)(a) and (4)(g) as follows:

• Page 12, Line 625-3.5-203.  Emergency medical service providers - licensure

• Page 12, Line 7- renewal of license - duties of department - rules - record checks -

• Page 12, Line 8definitions. (4) (a)  The department shall require a certification or

• Page 12, Line 9licensure applicant to submit to a federal bureau of investigation

• Page 12, Line 10fingerprint-based national criminal history record check from the

• Page 12, Line 11Colorado bureau of investigation to investigate the applicant for an

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

• Page 12, Line 13may acquire a name-based judicial record check for a certificate or license applicant, performed using state judicial department records.

• Page 12, Line 14(g)  When the results of a fingerprint-based criminal history record

• Page 12, Line 15check of a person an individual performed pursuant to this subsection

• Page 12, Line 16(4) reveal a record of arrest without a disposition, the department

• Page 12, Line 17government entity, or private, not-for-profit, or for-profit organization

• Page 12, Line 18that required the fingerprint-based criminal history record check shall

• Page 12, Line 19require that person individual to submit to a name-based judicial record

• Page 12, Line 20check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 12, Line 21SECTION 8.  In Colorado Revised Statutes, 25-3.5-317, add

• Page 12, Line 22(3)(a)(III) and (7) as follows:

• Page 13, Line 125-3.5-317.  License - application - inspection - criminal history

• Page 13, Line 2record check - issuance - investigation - definitions. (3) (a) (III)  When

• Page 13, Line 3the results of a fingerprint-based criminal history record check

• Page 13, Line 4of an individual performed pursuant to this subsection (3) reveal

• Page 13, Line 5a record of arrest without a disposition, the department shall

• Page 13, Line 6require that individual to submit to a name-based judicial

• Page 13, Line 7record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 13, Line 8(7)  As used in this section, unless the context otherwise requires:

• Page 13, Line 9(a)  "Operator" means an individual designated by an

• Page 13, Line 10ambulance service as responsible for the day-to-day operations of the ambulance service.

• Page 13, Line 11(b)  "Owner" means an officer, director, general partner,

• Page 13, Line 12limited partner, or other individual with a financial or equity

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

• Page 13, Line 14SECTION 9.  In Colorado Revised Statutes, 25-3.5-1305, amend (3)(a)(III) and (3)(a)(IV) as follows:

• Page 13, Line 1525-3.5-1305.  License - application - inspection - record check

• Page 13, Line 16- issuance. (3) (a) (III)  The department may acquire a name-based

• Page 13, Line 17judicial record check, performed using state judicial department records, for an owner, manager, or administrator.

• Page 13, Line 18(IV)  When the results of a fingerprint-based criminal history

• Page 13, Line 19record check of a person an individual performed pursuant to this

• Page 13, Line 20subsection (3) reveal a record of arrest without a disposition, the

• Page 13, Line 21department shall require that person individual to submit to a

• Page 14, Line 1name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 14, Line 2SECTION 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 325-27-105.  License - application - inspection - issuance -

• Page 14, Line 4definitions. (2.5) (a)  On July 1, 2002, as part of an original application

• Page 14, Line 5and on and after July 1, 2002, on the first renewal of an application for

• Page 14, Line 6assisted living residences licensed before July 1, 2002, for a license, an

• Page 14, Line 7owner, applicant, or licensee shall request from a criminal justice agency

• Page 14, Line 8designated by the department criminal history record information

• Page 14, Line 9regarding such owner, applicant, or licensee. The information, upon such

• Page 14, Line 10request and subject to any restrictions imposed by such agency, shall be

• Page 14, Line 11forwarded by the criminal justice agency directly to the department When

• Page 14, Line 12submitting an application for a license pursuant to this section,

• Page 14, Line 13or within ten days after a change in ownership or a change in the

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

• Page 14, Line 15complete set of the owner's, applicant's, or licensee's

• Page 14, Line 16fingerprints to the Colorado bureau of investigation for the

• Page 14, Line 17purpose of conducting a fingerprint-based criminal history

• Page 14, Line 18record check. The Colorado bureau of investigation shall

• Page 14, Line 19forward the fingerprints to the federal bureau of investigation

• Page 14, Line 20for the purpose of conducting a fingerprint-based criminal

• Page 14, Line 21history record check. The Colorado bureau of investigation

• Page 14, Line 22shall forward the results of the criminal history record checks to the department.

• Page 14, Line 23(a.5)  On and after July 1, 2002, the department may require that

• Page 14, Line 24an administrator request from a criminal justice agency designated by the

• Page 15, Line 1department a criminal history record on such administrator. The

• Page 15, Line 2information, upon such request and subject to any restrictions imposed by

• Page 15, Line 3such agency, shall be forwarded by the criminal justice agency directly to

• Page 15, Line 4the department The department may require that an administrator

• Page 15, Line 5submit a complete set of the administrator's fingerprints to the

• Page 15, Line 6Colorado bureau of investigation for the purpose of conducting

• Page 15, Line 7a fingerprint-based criminal history record check. The

• Page 15, Line 8Colorado bureau of investigation shall forward the

• Page 15, Line 9fingerprints to the federal bureau of investigation for the

• Page 15, Line 10purpose of conducting a fingerprint-based criminal history

• Page 15, Line 11record check. The Colorado bureau of investigation shall

• Page 15, Line 12forward the results of the criminal history record checks to the department.

• Page 15, Line 13(a.7)  When the results of a fingerprint-based criminal history

• Page 15, Line 14record check of an applicant performed pursuant to this section reveal a

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

• Page 15, Line 16applicant to submit to a name-based judicial record check, as defined in

• Page 15, Line 17section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 15, Line 18(5)  As used in this section, unless the context otherwise requires:

• Page 15, Line 19(a)  "Administrator" means an individual who controls and

• Page 15, Line 20supervises or attempts to control and supervise the day-to-day

• Page 15, Line 21operations of an assisted living residence, including an

• Page 15, Line 22individual considered an interim administrator for the purposes of section 25-27-106 (4)(b).

• Page 15, Line 23(b)  "Applicant" means an individual who is seeking a license to operate an assisted living residence.

• Page 16, Line 1(c) (I)  "Owner" means an individual who is a sole

• Page 16, Line 2proprietor, a shareholder in a for-profit or nonprofit

• Page 16, Line 3corporation, a partner in a partnership or limited partnership,

• Page 16, Line 4or a member in a limited liability company and who has a

• Page 16, Line 5financial or equity interest of fifty percent or more in the

• Page 16, Line 6entity to which the license to operate an assisted living residence is issued.

• Page 16, Line 7(II)  "Owner" includes a licensee.

• Page 16, Line 8SECTION 11.  In Colorado Revised Statutes, 25-27.5-106, amend (3)(a) and (3)(a.5) as follows:

• Page 16, Line 925-27.5-106.  License or registration - application - inspection

• Page 16, Line 10- issuance - rules. (3) (a)  With the submission of an application for a

• Page 16, Line 11license or registration granted pursuant to this article 27.5, or within ten

• Page 16, Line 12days after a change in the owner, manager, or administrator, each owner

• Page 16, Line 13of a home care agency or home care placement agency and each manager

• Page 16, Line 14or administrator of a home care agency or home care placement agency

• Page 16, Line 15must shall submit a complete set of the person's individual's

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

• Page 16, Line 17conducting a state and national fingerprint-based criminal history record

• Page 16, Line 18check. utilizing records of the Colorado bureau of investigation and the

• Page 16, Line 19federal bureau of investigation The Colorado bureau of

• Page 16, Line 20investigation shall forward the fingerprints to the federal

• Page 16, Line 21bureau of investigation for the purpose of conducting a

• Page 16, Line 22fingerprint-based criminal history record check. Each owner and

• Page 16, Line 23each manager or administrator is responsible for paying the fee

• Page 16, Line 24established by the Colorado bureau of investigation for conducting the

• Page 17, Line 1fingerprint-based criminal history record check to the bureau. Upon

• Page 17, Line 2completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the department.

• Page 17, Line 3(a.5)  When the results of a fingerprint-based criminal history

• Page 17, Line 4record check of a person an individual performed pursuant to this

• Page 17, Line 5subsection (3) reveal a record of arrest without a disposition, the

• Page 17, Line 6department shall require that person individual to submit to a

• Page 17, Line 7name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 17, Line 8SECTION 12.  In Colorado Revised Statutes, 26-5.7-110, amend (3)(f)(III); and add (1)(b.5) as follows:

• Page 17, Line 926-5.7-110.  Host homes for youth - report - rules - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 17, Line 10(b.5)  "Organization" means a child placement agency, a

• Page 17, Line 11county or district department of human or social services, or a homeless youth shelter.

• Page 17, Line 12(3)  To operate a host home program, an organization must:

• Page 17, Line 13(f)  Maintain accurate and up-to-date records documenting the following for each host home operating under the program:

• Page 17, Line 14(III)  A copy of the completed determination by the

• Page 17, Line 15department of human services as to whether the individual

• Page 17, Line 16meets criteria or does not meet criteria for certification to

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

• Page 17, Line 18history record check conducted pursuant to subsection (5) of this section

• Page 17, Line 19for the individual operating the host home and all other individuals residing in the home who are eighteen years of age or older;

• Page 17, Line 20SECTION 13.  In Colorado Revised Statutes, 44-30-1603, amend (1); and add (1.5), (6.1), and (6.5) as follows:

• Page 18, Line 144-30-1603.  Definitions. As used in this part 16, unless the context otherwise requires:

• Page 18, Line 2(1)  "Confidential information" means information related to the

• Page 18, Line 3play of a fantasy contest by fantasy contest players obtained as a result of

• Page 18, Line 4or by virtue of a person's employment "Applicant" means an

• Page 18, Line 5individual or entity that has applied for an initial license or

• Page 18, Line 6registration or a renewal license or registration to operate in

• Page 18, Line 7Colorado as a fantasy contest or a small fantasy contest

• Page 18, Line 8operator. An applicant must be the individual or entity that is

• Page 18, Line 9responsible for the financial and contractual obligations of the fantasy contest provider.

• Page 18, Line 10(1.5)  "Confidential information" means information

• Page 18, Line 11related to the play of a fantasy contest by fantasy contest

• Page 18, Line 12players obtained as a result of or by virtue of an individual's employment.

• Page 18, Line 13(6.1)  "General partner" means an individual engaged with

• Page 18, Line 14at least one other individual for the purpose of joint profit, thereby creating a general partnership.

• Page 18, Line 15(6.5)  "Managing officer" means an individual who manages

• Page 18, Line 16the day-to-day operations of a fantasy contest and is

• Page 18, Line 17responsible for executing the decisions made by the board of directors of the fantasy contest, if applicable.

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

• Page 18, Line 19determines, and declares that this act is necessary for the immediate

• Page 18, Line 20preservation of the public peace, health, or safety or for appropriations for

• Page 19, Line 1the support and maintenance of the departments of the state and state institutions.