Senate Bill 25-146 Revised

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)  A funeral director licensed pursuant to parts 5 and 6 of article 135 of this title 12;

• Page 3, Line 8(II)  A mortuary science practitioner licensed pursuant to parts 5 and 7 of article 135 of this title 12;

• Page 3, Line 9(III)  An embalmer licensed pursuant to parts 5 and 8 of article 135 of this title 12;

• Page 3, Line 10(IV)  A cremationist licensed pursuant to parts 5 and 9 of article 135 of this title 12;

• Page 3, Line 11(V)  A natural reductionist licensed pursuant to parts 5 and 9 of article 135 of this title 12;

• Page 3, Line 12(VI)  An audiologist licensed pursuant to article 210 of this title 12;

• Page 3, Line 13(VII)  A dental hygienist licensed pursuant to sections 12-220-405 to 12-220-407;

• Page 3, Line 14(VIII)  A dentist licensed pursuant to sections 12-220-401 to 12-220-404;

• Page 3, Line 15(IX)  A physician assistant licensed pursuant to section 12-240-113;

• Page 3, Line 16(X)  A social worker licensed pursuant to part 4 of article 245 of this title 12;

• Page 4, Line 1(XI)  A licensed professional counselor licensed pursuant to part 6 of article 245 of this title 12;

• Page 4, Line 2(XII)  A certified midwife licensed pursuant to section 12-255-111.5;

• Page 4, Line 3(XIII)  An occupational therapist licensed pursuant to sections 12-270-106 (1) and 12-270-107;

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

• Page 4, Line 5(XV)  A speech-language pathologist certified pursuant to article 305 of this title 12.

• 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 must 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 submits to a

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

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

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

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

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

• Page 4, Line 16entity shall submit, the complete set of the applicant's

• Page 4, Line 17fingerprints to the Colorado bureau of investigation for the

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

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

• Page 5, Line 1fingerprints, the fingerprints may be electronically captured

• Page 5, Line 2using Colorado bureau of investigation-approved livescan

• Page 5, Line 3equipment. A third-party vendor shall not keep the applicant's

• Page 5, Line 4information for more than thirty days after the information is collected.

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

• Page 5, Line 6applicant's fingerprints to conduct a criminal history record

• Page 5, Line 7check using the bureau's records. The Colorado bureau of

• Page 5, Line 8investigation shall also forward the fingerprints to the federal

• Page 5, Line 9bureau of investigation for the purpose of conducting a

• Page 5, Line 10fingerprint-based criminal history record check. The Colorado

• Page 5, Line 11bureau of investigation, the applicant, the department, and the

• Page 5, Line 12entity taking fingerprints shall comply with the federal bureau

• Page 5, Line 13of investigation's requirements to conduct a criminal history record check.

• Page 5, Line 14(g)  The Colorado bureau of investigation shall return

• Page 5, Line 15the results of its criminal history record check to the

• Page 5, Line 16department, and the department is authorized to receive the

• Page 5, Line 17results of the federal bureau of investigation's criminal history

• Page 5, Line 18record check. The department shall use the information

• Page 5, Line 19resulting from the criminal history record checks to

• Page 5, Line 20investigate and determine whether an applicant is qualified to

• Page 5, Line 21hold a license, certification, or registration pursuant to this

• Page 5, Line 22section and the following section for the following applicant or licensee:

• Page 5, Line 23(I)  Section 12-135-503 for a cremationist, an embalmer, a

• Page 5, Line 24funeral director, a mortuary science practitioner, or a natural reductionist;

• Page 6, Line 1(II)  Section 12-210-108 for an audiologist;

• (III)  Section 12-220-201 for a dentist or a dental hygienist;

• Page 6, Line 2(IV)  Section 12-240-121 for a physician assistant;

• Page 6, Line 3(V)  Section 12-245-224 for a licensed professional counselor or a social worker;

• Page 6, Line 4(VI)  Section 12-255-120 for a certified midwife;

• Page 6, Line 5(VII)  Section 12-270-114 for an occupational therapist or an occupational therapy assistant; or

• Page 6, Line 6(VIII)  Section 12-305-112 for a speech-language pathologist.

• Page 6, Line 7(h)  When the results of a criminal history record check

• Page 6, Line 8of an applicant performed pursuant to this section reveal a

• Page 6, Line 9record of arrest without a disposition, the department shall

• Page 6, Line 10require the applicant to submit to a name-based judicial record

• Page 6, Line 11check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 6, Line 12SECTION 2.  In Colorado Revised Statutes, add 24-33.5-424.5 as follows:

• Page 6, Line 1324-33.5-424.5.  Fingerprint-based criminal history record

• Page 6, Line 14checks - local government entities - definitions. (1) (a)  A local

• Page 6, Line 15government entity that requires by ordinance or resolution, in

• Page 6, Line 16accordance with 34 U.S.C. sec. 41101, that an applicant or

• Page 6, Line 17licensee submit to a fingerprint-based criminal history record

• Page 6, Line 18check shall submit the applicant's or licensee's fingerprints to

• Page 6, Line 19the Colorado bureau of investigation for the purpose of

• Page 6, Line 20conducting the fingerprint-based criminal history record check.

• Page 7, Line 1(b)  The applicant, licensee, or local government entity, as

• Page 7, Line 2required by ordinance or resolution, must pay the costs

• Page 7, Line 3associated with the fingerprint-based criminal history record check.

• Page 7, Line 4(c)  After submitting an application that requires a

• Page 7, Line 5fingerprint-based criminal history record check, the applicant

• Page 7, Line 6or licensee shall have the applicant's or licensee's fingerprints

• Page 7, Line 7taken by a local law enforcement agency or a third party

• Page 7, Line 8approved by the Colorado bureau of investigation for the

• Page 7, Line 9purpose of obtaining a fingerprint-based criminal history record

• Page 7, Line 10check. The applicant or licensee shall authorize the entity

• Page 7, Line 11taking the applicant's or licensee's fingerprints to submit, and

• Page 7, Line 12the entity shall submit, the complete set of the applicant's or

• Page 7, Line 13licensee's fingerprints to the Colorado bureau of investigation

• Page 7, Line 14for the purpose of conducting a fingerprint-based criminal history record check.

• Page 7, Line 15(d)  If an approved third party takes the applicant's or

• Page 7, Line 16licensee's fingerprints, the fingerprints may be electronically

• Page 7, Line 17captured using Colorado bureau of investigation-approved

• Page 7, Line 18livescan equipment. A third-party vendor shall not keep the

• Page 7, Line 19applicant's or licensee's information for more than thirty days after the information is collected.

• Page 7, Line 20(e)  The Colorado bureau of investigation shall use the

• Page 7, Line 21applicant's or licensee's fingerprints to conduct a criminal

• Page 7, Line 22history record check using the bureau's records. The Colorado

• Page 7, Line 23bureau of investigation shall also forward the fingerprints to

• Page 7, Line 24the federal bureau of investigation for the purpose of

• Page 8, Line 1conducting a fingerprint-based criminal history record check.

• Page 8, Line 2The Colorado bureau of investigation, applicant, licensee, local

• Page 8, Line 3government entity, and entity taking fingerprints shall comply

• Page 8, Line 4with the federal bureau of investigation's requirements to conduct a criminal history record check.

• Page 8, Line 5(f)  The Colorado bureau of investigation shall return the

• Page 8, Line 6results of its criminal history record check to the local

• Page 8, Line 7government entity, and the local government entity is

• Page 8, Line 8authorized to receive the results of the federal bureau of

• Page 8, Line 9investigation's criminal history record check. The local

• Page 8, Line 10government entity shall use the information resulting from the

• Page 8, Line 11criminal history record check to investigate and determine whether an applicant or licensee is qualified.

• Page 8, Line 12(g)  When the results of a fingerprint-based criminal

• Page 8, Line 13history record check of an applicant or licensee performed

• Page 8, Line 14pursuant to this section reveal a record of arrest without a

• Page 8, Line 15disposition, the local government entity shall require the

• Page 8, Line 16applicant or licensee to submit to a name-based judicial record

• Page 8, Line 17check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 8, Line 18(2)  As used in this section:

• Page 8, Line 19(a)  "Applicant" means an individual who a local

• Page 8, Line 20government entity requires byordinance or resolution to

• Page 8, Line 21submit to a fingerprint-based criminal history record check as

• Page 8, Line 22part of an application for a license, certificate, certification, letter of authorization, or registration.

• Page 8, Line 23(b)  "Licensee" means an individual who a local

• Page 9, Line 1government entity requires byordinance or resolution to

• Page 9, Line 2submit to a fingerprint-based criminal history record check in

• Page 9, Line 3connection with a license, certificate, certification, letter of authorization, or registration.

• Page 9, Line 4(c)  "Local government entity" includes a county, municipality, and city and county.

• Page 9, Line 5SECTION 3.  In Colorado Revised Statutes, 12-135-502, add (7) as follows:

• Page 9, Line 612-135-502.  Criminal history record checks - definition.

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

• Page 9, Line 8division or the director's designee. The director's designee must be an employee of the division.

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

• Page 9, Line 1012-255-111.5.  Requirements for certified midwife licensure -

• Page 9, Line 11license by endorsement - questionnaire - fees - definition. (6)  As used

• Page 9, Line 12in this section, "director" means the director of the division or

• Page 9, Line 13the director's designee. The director's designee must be an employee of the division.

• Page 9, Line 14SECTION 5.  In Colorado Revised Statutes, 26-6-705, amend (2)(a)(I) as follows:

• Page 9, Line 1526-6-705.  Approval of temporary caregiver - background

• Page 9, Line 16check - training. (2) (a)  A child placement agency operating a temporary

• Page 9, Line 17care assistance program shall require an applicant to become an approved

• Page 9, Line 18temporary caregiver and any other person who resides in the applicant's

• Page 9, Line 19home and is eighteen years of age or older to submit to the following

• Page 9, Line 20background checks:

• Page 10, Line 1(I)  A fingerprint-based criminal history record check through the

• Page 10, Line 2Colorado bureau of investigation and the federal bureau of investigation

• Page 10, Line 3in the same manner as described in section 26-6-912 (1)(a)(I)(B). The

• Page 10, Line 4Colorado bureau of investigation shall send records obtained

• Page 10, Line 5as a result of a fingerprint-based criminal history record check

• Page 10, Line 6only to the state department, and the use and handling of the

• Page 10, Line 7information must comply with the federal criminal justice

• Page 10, Line 8information services security policy. Information regarding the

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

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

• Page 10, Line 11to a facility or agency must disclose only whether the applicant

• Page 10, Line 12is eligible or ineligible or that the investigation is inconclusive,

• Page 10, Line 13with a further request for the applicant to contact the state

• Page 10, Line 14department to provide further information to determine final eligibility status.

• Page 10, Line 15SECTION 6.  In Colorado Revised Statutes, 30-15-401.4, amend (2)(a.5) and (3.5); and repeal (4)(c.5) as follows:

• Page 10, Line 1630-15-401.4.  Statewide policy to prevent the operation of illicit

• Page 10, Line 17massage businesses - local regulation authorized - background checks

• Page 10, Line 18required - legislative declaration - definitions. (2)  As used in this section, unless the context otherwise requires:

• Page 10, Line 19(a.5)  "Background check" means a fingerprint-based criminal

• Page 10, Line 20history record check conducted in accordance with subsection (4)(c.5) of

• Page 10, Line 21this section and section 24-33.5-424.5. "Background check" also

• Page 10, Line 22includes, to the extent allowed or required, as applicable, by subsection

• Page 10, Line 23(4)(c.5)(VI) of this section section 24-33.5-424.5 (1)(g) when a

• Page 10, Line 24fingerprint-based criminal history record check cannot be completed or

• Page 11, Line 1reveals a record of arrest without disposition, a criminal history record

• Page 11, Line 2check using the Colorado bureau of investigation's records and a

• Page 11, Line 3name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 11, Line 4(3.5) Except as otherwise provided in subsection (3)(c) of this

• Page 11, Line 5section, a local government shall establish a process in accordance

• Page 11, Line 6with 34 U.S.C. sec. 41101, which may must be established by resolution

• Page 11, Line 7or ordinance or otherwise ordinance or resolution, in accordance

• Page 11, Line 8with 34 U.S.C. sec. 41101; must meet the criteria established by

• Page 11, Line 9the federal bureau of investigation in implementing 34 U.S.C. sec.

• Page 11, Line 1041101; and must be performed in accordance with section

• Page 11, Line 1124-33.5-424.5, to require that, as a condition for a person remaining as or becoming an operator, owner, or employee:

• Page 11, Line 12(a)  A person who is An operator, owner, or employee on the

• Page 11, Line 13effective date of the resolution or ordinance submit to a background

• Page 11, Line 14check performed in accordance with section 24-33.5-424.5 on or

• Page 11, Line 15before the earlier of October 1, 2025 July 1, 2026, or any other date specified by a local government in its process;

• Page 11, Line 16(b)  A prospective employee submit to a background check

• Page 11, Line 17performed in accordance with section 24-33.5-424.5 before commencing employment with a massage facility; and

• Page 11, Line 18(c)  A prospective operator or owner submit to a background check

• Page 11, Line 19performed in accordance with section 24-33.5-424.5 at least thirty

• Page 11, Line 20days before, as applicable, being granted a license to operate a massage

• Page 11, Line 21facility or assuming an ownership interest in a massage facility that would make the prospective owner an owner.

• Page 11, Line 22(4) (c.5) (I)  An applicant who holds a license or is applying for a

• Page 12, Line 1license, an owner or prospective owner, or an employee or prospective

• Page 12, Line 2employee shall submit to a fingerprint-based criminal history record

• Page 12, Line 3check. The applicant, owner or prospective owner, or employee or

• Page 12, Line 4prospective employee shall pay the costs associated with the fingerprint-based criminal history record check.

• Page 12, Line 5(II)  A person who is, as of the effective date of this subsection

• Page 12, Line 6(4)(c.5), an applicant who holds a license, an owner, or an employee shall

• Page 12, Line 7have the applicant's, owner's, or employee's fingerprints taken by a local

• Page 12, Line 8law enforcement agency or any third party approved by the Colorado

• Page 12, Line 9bureau of investigation for the purpose of obtaining a fingerprint-based

• Page 12, Line 10criminal history record check no later than October 1, 2025. An applicant

• Page 12, Line 11for a new license, a prospective owner, or a prospective employee shall

• Page 12, Line 12have the applicant's fingerprints taken by a local law enforcement agency

• Page 12, Line 13or any third party approved by the Colorado bureau of investigation for

• Page 12, Line 14the purpose of obtaining a fingerprint-based criminal history record check

• Page 12, Line 15before, as applicable, being granted a license, assuming an ownership

• Page 12, Line 16interest in a massage facility that would make the prospective owner an

• Page 12, Line 17owner, or commencing employment with a massage facility. The

• Page 12, Line 18applicant, owner or prospective owner, or employee or prospective

• Page 12, Line 19employee shall authorize the entity taking the applicant's fingerprints to

• Page 12, Line 20submit, and the entity shall submit, the complete set of the applicant's

• Page 12, Line 21fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

• Page 12, Line 22(III)  If an approved third party takes the applicant's, owner's or

• Page 12, Line 23prospective owner's, or employee's or prospective employee's fingerprints,

• Page 12, Line 24the fingerprints may be electronically captured using Colorado bureau of

• Page 12, Line 25investigation-approved livescan equipment. Third-party vendors shall not

• Page 13, Line 1keep the applicant's, owner's or prospective owner's, or employee's or prospective employee's information for more than thirty days.

• Page 13, Line 2(IV)  The Colorado bureau of investigation shall use the

• Page 13, Line 3applicant's, owner's or prospective owner's, or employee's or prospective

• Page 13, Line 4employee's fingerprints to conduct a criminal history record check using

• Page 13, Line 5the bureau's records. The Colorado bureau of investigation shall also

• Page 13, Line 6forward the fingerprints to the federal bureau of investigation for the

• Page 13, Line 7purpose of conducting a national fingerprint-based criminal history record

• Page 13, Line 8check. The Colorado bureau of investigation; the applicant, owner or

• Page 13, Line 9prospective owner, or employee or prospective employee; the licensing

• Page 13, Line 10authority; and the entity taking fingerprints shall comply with the federal

• Page 13, Line 11bureau of investigation's requirements to conduct a fingerprint-based criminal history record check.

• Page 13, Line 12(V)  The Colorado bureau of investigation shall return the results

• Page 13, Line 13of its criminal history record check to the licensing authority, and the

• Page 13, Line 14licensing authority is authorized to receive the results of the federal

• Page 13, Line 15bureau of investigation's criminal history record check. The licensing

• Page 13, Line 16authority shall use the information resulting from the criminal history

• Page 13, Line 17record checks to investigate and determine whether an applicant is

• Page 13, Line 18qualified to hold a license or be an owner or employee pursuant to this section.

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

• Page 13, Line 20record check of an applicant performed pursuant to this section reveal a

• Page 13, Line 21record of arrest without a disposition, the local licensing authority shall

• Page 13, Line 22require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

• Page 13, Line 23SECTION 7.  In Colorado Revised Statutes, 25-3.5-203, amend (4)(a) and (4)(g) as follows:

• Page 14, Line 125-3.5-203.  Emergency medical service providers - licensure

• Page 14, Line 2- renewal of license - duties of department - rules - record checks -

• Page 14, Line 3definitions. (4) (a)  The department shall require a certification or

• Page 14, Line 4licensure applicant to submit to a federal bureau of investigation

• Page 14, Line 5fingerprint-based national criminal history record check from the

• Page 14, Line 6Colorado bureau of investigation to investigate the applicant for an

• Page 14, Line 7emergency medical service provider certificate or license. The department

• Page 14, Line 8may acquire a name-based judicial record check for a certificate or license applicant, performed using state judicial department records.

• Page 14, Line 9(g)  When the results of a fingerprint-based criminal history record

• Page 14, Line 10check of a person an individual performed pursuant to this subsection

• Page 14, Line 11(4) reveal a record of arrest without a disposition, the department

• Page 14, Line 12government entity, or private, not-for-profit, or for-profit organization

• Page 14, Line 13that required the fingerprint-based criminal history record check shall

• Page 14, Line 14require that person individual to submit to a name-based judicial record

• Page 14, Line 15check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 14, Line 16SECTION 8.  In Colorado Revised Statutes, 25-3.5-317, add (3)(a)(III) and (7) as follows:

• Page 14, Line 1725-3.5-317.  License - application - inspection - criminal history

• Page 14, Line 18record check - issuance - investigation - definitions. (3) (a) (III)  When

• Page 14, Line 19the results of a fingerprint-based criminal history record check

• Page 14, Line 20of an individual performed pursuant to this subsection (3) reveal

• Page 14, Line 21a record of arrest without a disposition, the department shall

• Page 14, Line 22require that individual to submit to a name-based judicial

• Page 14, Line 23record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 15, Line 1(7)  As used in this section, unless the context otherwise requires:

• Page 15, Line 2(a)  "Operator" means an individual designated by an

• Page 15, Line 3ambulance service as responsible for the day-to-day operations of the ambulance service.

• Page 15, Line 4(b)  "Owner" means an officer, director, general partner,

• Page 15, Line 5limited partner, or other individual with a financial or equity

• Page 15, Line 6ownership interest of fifty percent or more of an ambulance service.

• Page 15, Line 7SECTION 9.  In Colorado Revised Statutes, 25-3.5-1305, amend (3)(a)(III) and (3)(a)(IV) as follows:

• Page 15, Line 825-3.5-1305.  License - application - inspection - record check

• Page 15, Line 9- issuance. (3) (a) (III)  The department may acquire a name-based

• Page 15, Line 10judicial record check, performed using state judicial department records, for an owner, manager, or administrator.

• Page 15, Line 11(IV)  When the results of a fingerprint-based criminal history

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

• Page 15, Line 13subsection (3) reveal a record of arrest without a disposition, the

• Page 15, Line 14department shall require that person individual to submit to a

• Page 15, Line 15name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 15, Line 16SECTION 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 15, Line 1725-27-105.  License - application - inspection - issuance -

• Page 15, Line 18definitions. (2.5) (a)  On July 1, 2002, as part of an original application

• Page 15, Line 19and on and after July 1, 2002, on the first renewal of an application for

• Page 16, Line 1assisted living residences licensed before July 1, 2002, for a license, an

• Page 16, Line 2owner, applicant, or licensee shall request from a criminal justice agency

• Page 16, Line 3designated by the department criminal history record information

• Page 16, Line 4regarding such owner, applicant, or licensee. The information, upon such

• Page 16, Line 5request and subject to any restrictions imposed by such agency, shall be

• Page 16, Line 6forwarded by the criminal justice agency directly to the department When

• Page 16, Line 7submitting an application for a license pursuant to this section,

• Page 16, Line 8or within ten days after a change in ownership or a change in the

• Page 16, Line 9licensee, each owner, applicant, or licensee shall submit a

• Page 16, Line 10complete set of the owner's, applicant's, or licensee's

• Page 16, Line 11fingerprints to the Colorado bureau of investigation for the

• Page 16, Line 12purpose of conducting a fingerprint-based criminal history

• Page 16, Line 13record check. The Colorado bureau of investigation shall

• Page 16, Line 14forward the fingerprints to the federal bureau of investigation

• Page 16, Line 15for the purpose of conducting a fingerprint-based criminal

• Page 16, Line 16history record check. The Colorado bureau of investigation

• Page 16, Line 17shall forward the results of the criminal history record checks to the department.

• Page 16, Line 18(a.5)  On and after July 1, 2002, the department may require that

• Page 16, Line 19an administrator request from a criminal justice agency designated by the

• Page 16, Line 20department a criminal history record on such administrator. The

• Page 16, Line 21information, upon such request and subject to any restrictions imposed by

• Page 16, Line 22such agency, shall be forwarded by the criminal justice agency directly to

• Page 16, Line 23the department The department may require that an administrator

• Page 16, Line 24submit a complete set of the administrator's fingerprints to the

• Page 16, Line 25Colorado bureau of investigation for the purpose of conducting

• Page 16, Line 26a fingerprint-based criminal history record check. The

• Page 17, Line 1Colorado bureau of investigation shall forward the

• Page 17, Line 2fingerprints to the federal bureau of investigation for the

• Page 17, Line 3purpose of conducting a fingerprint-based criminal history

• Page 17, Line 4record check. The Colorado bureau of investigation shall

• Page 17, Line 5forward the results of the criminal history record checks to the department.

• Page 17, Line 6(a.7)  When the results of a fingerprint-based criminal history

• Page 17, Line 7record check of an applicant performed pursuant to this section reveal a

• Page 17, Line 8record of arrest without a disposition, the department shall require that

• Page 17, Line 9applicant to submit to a name-based judicial record check, as defined in

• Page 17, Line 10section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 17, Line 11(5)  As used in this section, unless the context otherwise requires:

• Page 17, Line 12(a)  "Administrator" means an individual who controls and

• Page 17, Line 13supervises or attempts to control and supervise the day-to-day

• Page 17, Line 14operations of an assisted living residence, including an

• Page 17, Line 15individual considered an interim administrator for the purposes of section 25-27-106 (4)(b).

• Page 17, Line 16(b)  "Applicant" means an individual who is seeking a license to operate an assisted living residence.

• Page 17, Line 17(c) (I)  "Owner" means an individual who;

• Page 17, Line 18(A)  Is a sole proprietor, a shareholder in a for-profit or

• Page 17, Line 19nonprofit corporation, a partner in a partnership or limited partnership, or a member in a limited liability company; and

• Page 17, Line 20(B)  Has a financial or equity interest of fifty percent or

• Page 17, Line 21more in the entity to which the license to operate an assisted living residence is issued.

• Page 18, Line 1(II)  "Owner" includes a licensee.

• Page 18, Line 2SECTION 11.  In Colorado Revised Statutes, 25-27.5-106, amend (3)(a) and (3)(a.5) as follows:

• Page 18, Line 325-27.5-106.  License or registration - application - inspection

• Page 18, Line 4- issuance - rules. (3) (a)  With the submission of an application for a

• Page 18, Line 5license or registration granted pursuant to this article 27.5, or within ten

• Page 18, Line 6days after a change in the owner, manager, or administrator, each owner

• Page 18, Line 7of a home care agency or home care placement agency and each manager

• Page 18, Line 8or administrator of a home care agency or home care placement agency

• Page 18, Line 9must shall submit a complete set of the person's individual's

• Page 18, Line 10fingerprints to the Colorado bureau of investigation for the purpose of

• Page 18, Line 11conducting a state and national fingerprint-based criminal history record

• Page 18, Line 12check. utilizing records of the Colorado bureau of investigation and the

• Page 18, Line 13federal bureau of investigation The Colorado bureau of

• Page 18, Line 14investigation shall forward the fingerprints to the federal

• Page 18, Line 15bureau of investigation for the purpose of conducting a

• Page 18, Line 16fingerprint-based criminal history record check. Each owner and

• Page 18, Line 17each manager or administrator is responsible for paying the fee

• Page 18, Line 18established by the Colorado bureau of investigation for conducting the

• Page 18, Line 19fingerprint-based criminal history record check to the bureau. Upon

• Page 18, Line 20completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the department.

• Page 18, Line 21(a.5)  When the results of a fingerprint-based criminal history

• Page 18, Line 22record check of a person an individual performed pursuant to this

• Page 18, Line 23subsection (3) reveal a record of arrest without a disposition, the

• Page 18, Line 24department shall require that person individual to submit to a

• Page 19, Line 1name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

• Page 19, Line 2SECTION 12.  In Colorado Revised Statutes, 26-5.7-110, amend (3)(f)(III); and add (1)(b.5) as follows:

• Page 19, Line 326-5.7-110.  Host homes for youth - report - rules - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 19, Line 4(b.5)  "Organization" means a child placement agency, a

• Page 19, Line 5county or district department of human or social services, or a homeless youth shelter.

• Page 19, Line 6(3)  To operate a host home program, an organization must:

• Page 19, Line 7(f)  Maintain accurate and up-to-date records documenting the following for each host home operating under the program:

• Page 19, Line 8(III)  A copy of the completed determination by the

• Page 19, Line 9department of human services as to whether the individual

• Page 19, Line 10meets criteria or does not meet criteria for certification to

• Page 19, Line 11operate a host home in response to the fingerprint-based criminal

• Page 19, Line 12history record check conducted pursuant to subsection (5) of this section

• Page 19, Line 13for the individual operating the host home and all other individuals residing in the home who are eighteen years of age or older;

• Page 19, Line 14SECTION 13.  In Colorado Revised Statutes, 44-30-1603, amend (1) and (2); and add (1.5), (6.1), and (6.5) as follows:

• Page 19, Line 1544-30-1603.  Definitions. As used in this part 16, unless the context otherwise requires:

• Page 19, Line 16(1)  "Confidential information" means information related to the

• Page 19, Line 17play of a fantasy contest by fantasy contest players obtained as a result of

• Page 19, Line 18or by virtue of a person's employment "Applicant" means a person

• Page 19, Line 19that has applied for an initial license or registration or a

• Page 20, Line 1renewal license or registration to operate in Colorado as a

• Page 20, Line 2fantasy contest or a small fantasy contest operator. An

• Page 20, Line 3applicant must be the individual or entity that is responsible for

• Page 20, Line 4the financial and contractual obligations of the fantasy contest provider.

• Page 20, Line 5(1.5)  "Confidential information" means information

• Page 20, Line 6related to the play of a fantasy contest by fantasy contest

• Page 20, Line 7players obtained as a result of or by virtue of an individual's employment.

• Page 20, Line 8(2)  "Director" means the director of the division of gaming. or the director's designee.

• Page 20, Line 9(6.1)  "General partner" means an individual engaged with

• Page 20, Line 10at least one other individual for the purpose of joint profit, thereby creating a general partnership.

• Page 20, Line 11(6.5)  "Managing officer" means an individual who manages

• Page 20, Line 12the day-to-day operations of a fantasy contest and is

• Page 20, Line 13responsible for executing the decisions made by the board of directors of the fantasy contest, if applicable.

• Page 20, Line 14SECTION 14.  In Colorado Revised Statutes, 44-10-307, amend (4)(a) and (4)(c) as follows:

• Page 20, Line 1544-10-307.  Persons prohibited as licensees -

• Page 20, Line 16definition. (4) (a)  In investigating the qualifications of an applicant or a

• Page 20, Line 17licensee, the state and local licensing authorities authority may have

• Page 20, Line 18access to criminal history record information furnished by a criminal

• Page 20, Line 19justice agency subject to any restrictions imposed by such agency. In the

• Page 20, Line 20event the state or local licensing authority considers the applicant's

• Page 20, Line 21criminal history record, the state or local licensing authority shall also

• Page 21, Line 1consider any information provided by the applicant regarding such

• Page 21, Line 2criminal history record, including but not limited to evidence of

• Page 21, Line 3rehabilitation, character references, and educational achievements,

• Page 21, Line 4especially those items pertaining to the period of time between the

• Page 21, Line 5applicant's last criminal conviction and the consideration of the application for a state license.

• Page 21, Line 6(c) (I)  At the time of filing an application for issuance or renewal

• Page 21, Line 7of a state medical marijuana business license, or a retail marijuana

• Page 21, Line 8business license, or a regulated marijuana license or registration,

• Page 21, Line 9including an occupational license and a license for a

• Page 21, Line 10controlling beneficial owner, as defined in section 44-10-103 (13),

• Page 21, Line 11an applicant shall submit a set of his or her their fingerprints and file

• Page 21, Line 12personal history information concerning the applicant's qualifications for a state license on forms prepared by the state licensing authority.

• Page 21, Line 13(II)  The state or local licensing authority or local jurisdiction shall

• Page 21, Line 14submit the applicant's fingerprints to the Colorado bureau of

• Page 21, Line 15investigation for the purpose of conducting fingerprint-based criminal

• Page 21, Line 16history record checks. The Colorado bureau of investigation shall forward

• Page 21, Line 17submit the fingerprints to the federal bureau of investigation for the

• Page 21, Line 18purpose of conducting national fingerprint-based criminal history record checks.

• Page 21, Line 19(III)  Results of a fingerprint-based criminal history

• Page 21, Line 20record check submitted to the federal bureau of investigation

• Page 21, Line 21in accordance with this section shall be sent to the state licensing authority.

• Page 21, Line 22(IV)  When the results of a fingerprint-based criminal history

• Page 21, Line 23record check reveal a record of arrest without a disposition, the state or

• Page 22, Line 1local licensing authority or local jurisdiction shall require an applicant or

• Page 22, Line 2a license holder to submit to a name-based judicial record check, as

• Page 22, Line 3defined in section 22-2-119.3 (6)(d). The state or local licensing authority

• Page 22, Line 4or local jurisdiction shall use the information resulting from the

• Page 22, Line 5fingerprint-based criminal history record check to investigate and

• Page 22, Line 6determine whether an applicant is qualified to hold a state or local license

• Page 22, Line 7pursuant to this article 10. The state or local licensing authority or local

• Page 22, Line 8jurisdiction may verify any of the information an applicant is required to submit.

• Page 22, Line 9SECTION 15.  In Colorado Revised Statutes, 44-20-118, amend (2) as follows:

• Page 22, Line 1044-20-118.  Application - prelicensing education -

• Page 22, Line 11fingerprint-based criminal history record check - rules.

• Page 22, Line 12(2)  Application for distributor's, manufacturer representative's, or

• Page 22, Line 13manufacturer's, or buyer agent's licenses shall must be made to the executive director.

• Page 22, Line 14SECTION 16.  In Colorado Revised Statutes, 44-20-118, amend (8)(a) as follows:

• Page 22, Line 1544-20-118.  Application - prelicensing education -

• Page 22, Line 16fingerprint-based criminal history record check - rules. (8) (a)  With

• Page 22, Line 17the submission of an application for any a license issued under this part

• Page 22, Line 181, each applicant shall submit a complete set of fingerprints to the

• Page 22, Line 19Colorado bureau of investigation or the auto industry division for the

• Page 22, Line 20purpose of conducting fingerprint-based criminal history record checks.

• Page 22, Line 21The Colorado bureau of investigation shall forward the fingerprints to the

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

• Page 22, Line 23fingerprint-based criminal history record checks. The board or the

• Page 23, Line 1executive director auto industry division shall use the information

• Page 23, Line 2resulting from the fingerprint-based criminal history record check to

• Page 23, Line 3investigate and determine whether an applicant. is qualified to be

• Page 23, Line 4licensed. The board or the executive director auto industry division

• Page 23, Line 5may verify the information an applicant is required to submit. The

• Page 23, Line 6applicant shall must pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.

• Page 23, Line 7SECTION 17.  In Colorado Revised Statutes, 44-20-417, amend (8)(a) as follows:

• Page 23, Line 844-20-417.  Application - fingerprint-based criminal history

• Page 23, Line 9record check - rules. (8) (a)  With the submission of an application for

• Page 23, Line 10any a license issued under this part 4, each applicant shall submit a

• Page 23, Line 11complete set of fingerprints to the Colorado bureau of investigation or the

• Page 23, Line 12auto industry division for the purpose of conducting fingerprint-based

• Page 23, Line 13criminal history record checks. The Colorado bureau of investigation

• Page 23, Line 14shall forward the fingerprints to the federal bureau of investigation for the

• Page 23, Line 15purpose of conducting fingerprint-based criminal history record checks.

• Page 23, Line 16The board or the executive director auto industry division shall use the

• Page 23, Line 17information resulting from the fingerprint-based criminal history record

• Page 23, Line 18check to investigate and determine whether an applicant. is qualified to

• Page 23, Line 19be licensed. The board or the executive director auto industry division

• Page 23, Line 20may verify the information an applicant is required to submit. The

• Page 23, Line 21applicant shall must pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.

• Page 23, Line 22SECTION 18.  In Colorado Revised Statutes, 44-32-503, amend (4)(a) as follows:

• Page 23, Line 2344-32-503.  Rules of commission - licensing - record check.

• Page 24, Line 1(4) (a)  With the submission of an application for a key occupational

• Page 24, Line 2license or a support occupational license granted pursuant to this

• Page 24, Line 3article 32, each applicant shall submit a set of fingerprints to the

• Page 24, Line 4commission. The commission shall forward submit the fingerprints to the

• Page 24, Line 5Colorado bureau of investigation for the purpose of conducting a state

• Page 24, Line 6and national fingerprint-based criminal history record check utilizing

• Page 24, Line 7records of the Colorado bureau of investigation and the federal bureau of

• Page 24, Line 8investigation. Only the actual costs of the record check must be borne by

• Page 24, Line 9the applicant. Nothing in this subsection (4) precludes the commission from making further inquiries into the background of the applicant.

• Page 24, Line 10SECTION 19.  In Colorado Revised Statutes, 44-32-102, amend (1); and add (1.5), (13.3), (13.7), and (23.5) as follows:

• Page 24, Line 1144-32-102.  Definitions - rules. As used in this article 32, unless the context otherwise requires:

• Page 24, Line 12(1)  "Breakage" means the odd cents by which the amount payable

• Page 24, Line 13on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten

• Page 24, Line 14cents "Applicant" means an individual applying for a license,

• Page 24, Line 15permit, or registration or the renewal of a license, permit, or registration granted by the division pursuant to this article 32.

• Page 24, Line 16(1.5)  "Breakage" means the odd cents by which the amount

• Page 24, Line 17payable on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten cents.

• Page 24, Line 18(13.3)  "Key occupational license" means a license issued by

• Page 24, Line 19the division required for an individual who exercises significant

• Page 24, Line 20influence over decisions affecting a business licensed with the commission pursuant to section 44-32-504.

• Page 24, Line 21(13.7)  "License" means a license granted by the division pursuant to this article 32.

• Page 25, Line 1(23.5)  "Support occupational license" means a license

• Page 25, Line 2issued by the division required for an individual regulated by

• Page 25, Line 3the division who is not subject to a key occupational license or an occupational registration license.

• Page 25, Line 4SECTION 20.  Safety clause. The general assembly finds,

• Page 25, Line 5determines, and declares that this act is necessary for the immediate

• Page 25, Line 6preservation of the public peace, health, or safety or for appropriations for

• Page 25, Line 7the support and maintenance of the departments of the state and state institutions.