House Committee of Reference Report
Committee on Business Affairs & Labor
- Strikethrough:
- removed from existing law
- Screen Reader Only:
- all text indicated as strikethrough will begin as 'deleted from existing statue' and finish with 'end deletion'
- All-caps or Bold and Italic:
- added to existing law
- Screen Reader Only:
- all text indicated as all-caps or bold and italic will begin as 'added to existing law' and finish with 'end insertion'
April 3, 2025
After consideration on the merits, the Committee recommends the following:
SB25-146 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, 12-20-202, amend
Page 1, Line 4(5) as follows:
Page 1, Line 512-20-202. Licenses, certifications, and registrations - renewal
Page 1, Line 6- reinstatement - fees - occupational credential portability program
Page 1, Line 7- exceptions for military personnel, spouses, gold star military
Page 1, Line 8spouses, and dependents - rules - consideration of criminal
Page 1, Line 9convictions or driver's history - executive director authority -
Page 1, Line 10definitions. (5) Criminal convictions. (a) Unless there is a specific
Page 1, Line 11statutory disqualification that prohibits an applicant from obtaining
Page 1, Line 12licensure, certification, or registration based on a criminal conviction, if
Page 1, Line 13a regulator determines that an applicant for licensure, certification, or
Page 1, Line 14registration has a criminal record, the regulator is governed by sections
Page 1, Line 1512-20-206 and 24-5-101 for purposes of granting or denying, or placing
Page 1, Line 16any conditions on, licensure, certification, or registration.
Page 1, Line 17(b) A regulator may require an applicant for a license,
Page 1, Line 18certification, or registration issued pursuant to the following
Page 1, Line 19sections to submit to a fingerprint-based criminal history
Page 1, Line 20record check:
Page 1, Line 21(I) A funeral director licensed pursuant to parts 5 and 6
Page 1, Line 22of article 135 of this title 12;
Page 1, Line 23(II) A mortuary science practitioner licensed pursuant to
Page 1, Line 24parts 5 and 7 of article 135 of this title 12;
Page 1, Line 25(III) An embalmer licensed pursuant to parts 5 and 8 of
Page 1, Line 26article 135 of this title 12;
Page 1, Line 27(IV) A cremationist licensed pursuant to parts 5 and 9 of
Page 2, Line 1article 135 of this title 12;
Page 2, Line 2(V) A natural reductionist licensed pursuant to parts 5
Page 2, Line 3and 9 of article 135 of this title 12;
Page 2, Line 4(VI) An audiologist licensed pursuant to article 210 of
Page 2, Line 5this title 12;
Page 2, Line 6(VII) A dental hygienist licensed pursuant to sections
Page 2, Line 712-220-405 to 12-220-407;
Page 2, Line 8(VIII) A dentist licensed pursuant to sections 12-220-401
Page 2, Line 9to 12-220-404;
Page 2, Line 10(IX) A physician assistant licensed pursuant to section
Page 2, Line 1112-240-113;
Page 2, Line 12(X) A social worker licensed pursuant to part 4 of article
Page 2, Line 13245 of this title 12;
Page 2, Line 14(XI) A licensed professional counselor licensed pursuant
Page 2, Line 15to part 6 of article 245 of this title 12;
Page 2, Line 16(XII) A certified midwife licensed pursuant to section
Page 2, Line 1712-255-111.5;
Page 2, Line 18(XIII) An occupational therapist licensed pursuant to
Page 2, Line 19sections 12-270-106 (1) and 12-270-107;
Page 2, Line 20(XIV) An occupational therapy assistant licensed
Page 2, Line 21pursuant to sections 12-270-106 (2) and 12-270-108; or
Page 2, Line 22(XV) A speech-language pathologist certified pursuant to
Page 2, Line 23article 305 of this title 12.
Page 2, Line 24(c) An applicant submitting to a fingerprint-based
Page 2, Line 25criminal history record check pursuant to subsection (5)(b) of
Page 2, Line 26this section must pay the costs associated with the
Page 2, Line 27fingerprint-based criminal history record check.
Page 2, Line 28(d) After submitting an application for a license,
Page 2, Line 29certification, or registration, if the applicant submits to a
Page 2, Line 30fingerprint-based criminal history record check, the applicant
Page 2, Line 31shall have the applicant's fingerprints taken by a local law
Page 2, Line 32enforcement agency or a third party approved by the Colorado
Page 2, Line 33bureau of investigation. The applicant shall authorize the
Page 2, Line 34entity taking the applicant's fingerprints to submit, and the
Page 2, Line 35entity shall submit, the complete set of the applicant's
Page 2, Line 36fingerprints to the Colorado bureau of investigation for the
Page 2, Line 37purpose of conducting a fingerprint-based criminal history
Page 2, Line 38record check.
Page 2, Line 39(e) If an approved third party takes the applicant's
Page 2, Line 40fingerprints, the fingerprints may be electronically captured
Page 2, Line 41using Colorado bureau of investigation-approved livescan
Page 2, Line 42equipment. A third-party vendor shall not keep the applicant's
Page 2, Line 43information for more than thirty days after the information is
Page 3, Line 1collected.
Page 3, Line 2(f) The Colorado bureau of investigation shall use the
Page 3, Line 3applicant's fingerprints to conduct a criminal history record
Page 3, Line 4check using the bureau's records. The Colorado bureau of
Page 3, Line 5investigation shall also forward the fingerprints to the federal
Page 3, Line 6bureau of investigation for the purpose of conducting a
Page 3, Line 7fingerprint-based criminal history record check. The Colorado
Page 3, Line 8bureau of investigation, the applicant, the department, and the
Page 3, Line 9entity taking fingerprints shall comply with the federal bureau
Page 3, Line 10of investigation's requirements to conduct a criminal history
Page 3, Line 11record check.
Page 3, Line 12(g) The Colorado bureau of investigation shall return
Page 3, Line 13the results of its criminal history record check to the
Page 3, Line 14department, and the department is authorized to receive the
Page 3, Line 15results of the federal bureau of investigation's criminal history
Page 3, Line 16record check. The department shall use the information
Page 3, Line 17resulting from the criminal history record checks to
Page 3, Line 18investigate and determine whether an applicant is qualified to
Page 3, Line 19hold a license, certification, or registration pursuant to this
Page 3, Line 20section and the following section for the following applicant
Page 3, Line 21or licensee:
Page 3, Line 22(I) Section 12-135-503 for a cremationist, an embalmer, a
Page 3, Line 23funeral director, a mortuary science practitioner, or a natural
Page 3, Line 24reductionist;
Page 3, Line 25(II) Section 12-210-108 for an audiologist;
Page 3, Line 26(III) Section 12-220-201 for a dentist or a dental hygienist;
Page 3, Line 27(IV) Section 12-240-121 for a physician assistant;
Page 3, Line 28(V) Section 12-245-224 for a licensed professional
Page 3, Line 29counselor or a social worker;
Page 3, Line 30(VI) Section 12-255-120 for a certified midwife;
Page 3, Line 31(VII) Section 12-270-114 for an occupational therapist or
Page 3, Line 32an occupational therapy assistant; or
Page 3, Line 33(VIII) Section 12-305-112 for a speech-language
Page 3, Line 34pathologist.
Page 3, Line 35(h) When the results of a criminal history record check
Page 3, Line 36of an applicant performed pursuant to this section reveal a
Page 3, Line 37record of arrest without a disposition, the department shall
Page 3, Line 38require the applicant to submit to a name-based judicial record
Page 3, Line 39check, as defined in section 22-2-119.3 (6)(d), performed using
Page 3, Line 40state judicial department records.
Page 3, Line 41SECTION 2. In Colorado Revised Statutes, add 24-33.5-424.5
Page 3, Line 42as follows:
Page 3, Line 4324-33.5-424.5. Fingerprint-based criminal history record
Page 4, Line 1checks - local government entities - state agencies - definitions.
Page 4, Line 2(1) (a) A local government entity that requires by rule,
Page 4, Line 3ordinance, or regulation that an applicant or licensee submit to
Page 4, Line 4a fingerprint-based criminal history record check shall submit
Page 4, Line 5the applicant's or licensee's fingerprints to the Colorado bureau
Page 4, Line 6of investigation for the purpose of conducting the
Page 4, Line 7fingerprint-based criminal history record check.
Page 4, Line 8(b) The applicant, licensee, or local government entity, as
Page 4, Line 9required by rule, ordinance, or regulation, must pay the costs
Page 4, Line 10associated with the fingerprint-based criminal history record
Page 4, Line 11check.
Page 4, Line 12(c) After submitting an application that requires a
Page 4, Line 13fingerprint-based criminal history record check, the applicant
Page 4, Line 14or licensee shall have the applicant's or licensee's fingerprints
Page 4, Line 15taken by a local law enforcement agency or a third party
Page 4, Line 16approved by the Colorado bureau of investigation for the
Page 4, Line 17purpose of obtaining a fingerprint-based criminal history record
Page 4, Line 18check. The applicant or licensee shall authorize the entity
Page 4, Line 19taking the applicant's or licensee's fingerprints to submit, and
Page 4, Line 20the entity shall submit, the complete set of the applicant's or
Page 4, Line 21licensee's fingerprints to the Colorado bureau of investigation
Page 4, Line 22for the purpose of conducting a fingerprint-based criminal
Page 4, Line 23history record check.
Page 4, Line 24(d) If an approved third party takes the applicant's or
Page 4, Line 25licensee's fingerprints, the fingerprints may be electronically
Page 4, Line 26captured using Colorado bureau of investigation-approved
Page 4, Line 27livescan equipment. A third-party vendor shall not keep the
Page 4, Line 28applicant's or licensee's information for more than thirty days
Page 4, Line 29after the information is collected.
Page 4, Line 30(e) The Colorado bureau of investigation shall use the
Page 4, Line 31applicant's or licensee's fingerprints to conduct a criminal
Page 4, Line 32history record check using the bureau's records. The Colorado
Page 4, Line 33bureau of investigation shall also forward the fingerprints to
Page 4, Line 34the federal bureau of investigation for the purpose of
Page 4, Line 35conducting a fingerprint-based criminal history record check.
Page 4, Line 36The Colorado bureau of investigation, applicant, licensee, local
Page 4, Line 37government entity, and entity taking fingerprints shall comply
Page 4, Line 38with the federal bureau of investigation's requirements to
Page 4, Line 39conduct a criminal history record check.
Page 4, Line 40(f) The Colorado bureau of investigation shall return the
Page 4, Line 41results of its criminal history record check to the local
Page 4, Line 42government entity, and the local government entity is
Page 4, Line 43authorized to receive the results of the federal bureau of
Page 5, Line 1investigation's criminal history record check. The local
Page 5, Line 2government entity shall use the information resulting from the
Page 5, Line 3criminal history record check to investigate and determine
Page 5, Line 4whether an applicant or licensee is qualified.
Page 5, Line 5(g) When the results of a fingerprint-based criminal
Page 5, Line 6history record check of an applicant or licensee performed
Page 5, Line 7pursuant to this section reveal a record of arrest without a
Page 5, Line 8disposition, the local government entity shall require the
Page 5, Line 9applicant or licensee to submit to a name-based judicial record
Page 5, Line 10check, as defined in section 22-2-119.3 (6)(d), performed using
Page 5, Line 11state judicial department records.
Page 5, Line 12(2) As used in this section:
Page 5, Line 13(a) "Applicant" means an individual who a local
Page 5, Line 14government entity requires by rule, ordinance, or regulation to
Page 5, Line 15submit to a fingerprint-based criminal history record check as
Page 5, Line 16part of an application for a license, certificate, certification,
Page 5, Line 17letter of authorization, or registration.
Page 5, Line 18(b) "Licensee" means an individual who a local
Page 5, Line 19government entity requires by rule, ordinance, or regulation to
Page 5, Line 20submit to a fingerprint-based criminal history record check in
Page 5, Line 21connection with a license, certificate, certification, letter of
Page 5, Line 22authorization, or registration.
Page 5, Line 23(c) "Local government entity" includes a county,
Page 5, Line 24municipality, and city and county.
Page 5, Line 25SECTION 3. In Colorado Revised Statutes, 12-135-502, add (7)
Page 5, Line 26as follows:
Page 5, Line 2712-135-502. Criminal history record checks - definition.
Page 5, Line 28(7) As used in this section, "director" means the director of the
Page 5, Line 29division or the director's designee. The director's designee must
Page 5, Line 30be an employee of the division.
Page 5, Line 31SECTION 4. In Colorado Revised Statutes, 12-255-111.5, add
Page 5, Line 32(6) as follows:
Page 5, Line 3312-255-111.5. Requirements for certified midwife licensure -
Page 5, Line 34license by endorsement - questionnaire - fees - definition. (6) As used
Page 5, Line 35in this section, "director" means the director of the division or
Page 5, Line 36the director's designee. The director's designee must be an
Page 5, Line 37employee of the division.
Page 5, Line 38SECTION 5. In Colorado Revised Statutes, 26-6-705, amend
Page 5, Line 39(2)(a)(I) as follows:
Page 5, Line 4026-6-705. Approval of temporary caregiver - background
Page 5, Line 41check - training. (2) (a) A child placement agency operating a temporary
Page 5, Line 42care assistance program shall require an applicant to become an approved
Page 5, Line 43temporary caregiver and any other person who resides in the applicant's
Page 6, Line 1home and is eighteen years of age or older to submit to the following
Page 6, Line 2background checks:
Page 6, Line 3(I) A fingerprint-based criminal history record check through the
Page 6, Line 4Colorado bureau of investigation and the federal bureau of investigation
Page 6, Line 5in the same manner as described in section 26-6-912 (1)(a)(I)(B). The
Page 6, Line 6Colorado bureau of investigation shall send records obtained
Page 6, Line 7as a result of a fingerprint-based criminal history record check
Page 6, Line 8only to the state department, and the use and handling of the
Page 6, Line 9information must comply with the federal criminal justice
Page 6, Line 10information services security policy. Information regarding the
Page 6, Line 11result of the fingerprint-based criminal history record check
Page 6, Line 12received from the federal bureau of investigation and released
Page 6, Line 13to a facility or agency must disclose only whether the applicant
Page 6, Line 14is eligible or ineligible or that the investigation is inconclusive,
Page 6, Line 15with a further request for the applicant to contact the state
Page 6, Line 16department to provide further information to determine final
Page 6, Line 17eligibility status.
Page 6, Line 18SECTION 6. In Colorado Revised Statutes, 30-15-401.4, amend
Page 6, Line 19(2)(a.5), (3.5), and (4)(c.5) as follows:
Page 6, Line 2030-15-401.4. Statewide policy to prevent the operation of illicit
Page 6, Line 21massage businesses - local regulation authorized - background checks
Page 6, Line 22required - legislative declaration - definitions. (2) As used in this
Page 6, Line 23section, unless the context otherwise requires:
Page 6, Line 24(a.5) "Background check" means a fingerprint-based criminal
Page 6, Line 25history record check conducted in accordance with subsection (4)(c.5) of
Page 6, Line 26this section and section 24-33.5-424.5. "Background check" also
Page 6, Line 27includes, to the extent allowed or required, as applicable, by subsection
Page 6, Line 28(4)(c.5)(VI) of this section section 24-33.5-424.5 (1)(g) when a
Page 6, Line 29fingerprint-based criminal history record check cannot be completed or
Page 6, Line 30reveals a record of arrest without disposition, a criminal history record
Page 6, Line 31check using the Colorado bureau of investigation's records and a
Page 6, Line 32name-based judicial record check, as defined in section 22-2-119.3 (6)(d),
Page 6, Line 33performed using state judicial department records.
Page 6, Line 34(3.5) Except as otherwise provided in subsection (3)(c) of this
Page 6, Line 35section, a local government shall establish a process, which may must be
Page 6, Line 36established by resolution or ordinance or otherwise rule, ordinance, or
Page 6, Line 37regulation, must meet the criteria established by the federal
Page 6, Line 38bureau of investigation in implementing 34 U.S.C. sec. 41101, and
Page 6, Line 39must be performed in accordance with section 24-33.5-424.5, to
Page 6, Line 40require that, as a condition for a person remaining as or becoming an
Page 6, Line 41operator, owner, or employee:
Page 6, Line 42(a) A person who is An operator, owner, or employee on the
Page 6, Line 43effective date of the resolution or ordinance submit to a background
Page 7, Line 1check performed in accordance with section 24-33.5-424.5 on or
Page 7, Line 2before the earlier of October 1, 2025 July 1, 2026, or any other date
Page 7, Line 3specified by a local government in its process;
Page 7, Line 4(b) A prospective employee submit to a background check
Page 7, Line 5performed in accordance with section 24-33.5-424.5 before
Page 7, Line 6commencing employment with a massage facility; and
Page 7, Line 7(c) A prospective operator or owner submit to a background check
Page 7, Line 8performed in accordance with section 24-33.5-424.5 at least thirty
Page 7, Line 9days before, as applicable, being granted a license to operate a massage
Page 7, Line 10facility or assuming an ownership interest in a massage facility that would
Page 7, Line 11make the prospective owner an owner.
Page 7, Line 12(4) (c.5) (I) An applicant who holds a license or is applying for a
Page 7, Line 13license, an owner or prospective owner, or an employee or prospective
Page 7, Line 14employee shall submit to a fingerprint-based criminal history record
Page 7, Line 15check as required by a local government's rule, ordinance, or
Page 7, Line 16regulation and performed in accordance with section
Page 7, Line 1724-33.5-424.5. The applicant, owner or prospective owner, or employee
Page 7, Line 18or prospective employee shall pay the costs associated with the
Page 7, Line 19fingerprint-based criminal history record check.
Page 7, Line 20(II) A person who is, As of the effective date of this subsection
Page 7, Line 21(4)(c.5) August 7, 2024, an applicant who holds a license, an owner, or
Page 7, Line 22an employee shall have the applicant's, owner's, or employee's
Page 7, Line 23fingerprints taken by a local law enforcement agency or any a third party
Page 7, Line 24approved by the Colorado bureau of investigation for the purpose of
Page 7, Line 25obtaining a fingerprint-based criminal history record check as required
Page 7, Line 26by a local government's rule, ordinance, or regulation and
Page 7, Line 27performed in accordance with section 24-33.5-424.5 no later than
Page 7, Line 28October 1, 2025. An applicant for a new license, a prospective owner, or
Page 7, Line 29a prospective employee shall have the applicant's fingerprints taken by a
Page 7, Line 30local law enforcement agency or any third party approved by the
Page 7, Line 31Colorado bureau of investigation for the purpose of obtaining a
Page 7, Line 32fingerprint-based criminal history record check before, as applicable,
Page 7, Line 33being granted a license, assuming an ownership interest in a massage
Page 7, Line 34facility that would make the prospective owner an owner, or commencing
Page 7, Line 35employment with a massage facility. The applicant, owner or prospective
Page 7, Line 36owner, or employee or prospective employee shall authorize the entity
Page 7, Line 37taking the applicant's fingerprints to submit, and the entity shall submit,
Page 7, Line 38the complete set of the applicant's fingerprints to the Colorado bureau of
Page 7, Line 39investigation for the purpose of conducting a fingerprint-based criminal
Page 7, Line 40history record check July 1, 2026.
Page 7, Line 41(III) If an approved third party takes the applicant's, owner's or
Page 7, Line 42prospective owner's, or employee's or prospective employee's fingerprints,
Page 7, Line 43the fingerprints may be electronically captured using Colorado bureau of
Page 8, Line 1investigation-approved livescan equipment. Third-party vendors shall not
Page 8, Line 2keep the applicant's, owner's or prospective owner's, or employee's or
Page 8, Line 3prospective employee's information for more than thirty days.
Page 8, Line 4(IV) The Colorado bureau of investigation shall use the
Page 8, Line 5applicant's, owner's or prospective owner's, or employee's or prospective
Page 8, Line 6employee's fingerprints to conduct a criminal history record check using
Page 8, Line 7the bureau's records. The Colorado bureau of investigation shall also
Page 8, Line 8forward the fingerprints to the federal bureau of investigation for the
Page 8, Line 9purpose of conducting a national fingerprint-based criminal history record
Page 8, Line 10check. The Colorado bureau of investigation; the applicant, owner or
Page 8, Line 11prospective owner, or employee or prospective employee; the licensing
Page 8, Line 12authority; and the entity taking fingerprints shall comply with the federal
Page 8, Line 13bureau of investigation's requirements to conduct a fingerprint-based
Page 8, Line 14criminal history record check.
Page 8, Line 15(V) The Colorado bureau of investigation shall return the results
Page 8, Line 16of its criminal history record check to the licensing authority, and the
Page 8, Line 17licensing authority is authorized to receive the results of the federal
Page 8, Line 18bureau of investigation's criminal history record check. The licensing
Page 8, Line 19authority shall use the information resulting from the criminal history
Page 8, Line 20record checks to investigate and determine whether an applicant is
Page 8, Line 21qualified to hold a license or be an owner or employee pursuant to this
Page 8, Line 22section.
Page 8, Line 23(VI) When the results of a fingerprint-based criminal history
Page 8, Line 24record check of an applicant performed pursuant to this section reveal a
Page 8, Line 25record of arrest without a disposition, the local licensing authority shall
Page 8, Line 26require the applicant to submit to a name-based judicial record check, as
Page 8, Line 27defined in section 22-2-119.3 (6)(d).
Page 8, Line 28SECTION 7. In Colorado Revised Statutes, 25-3.5-203, amend
Page 8, Line 29(4)(a) and (4)(g) as follows:
Page 8, Line 3025-3.5-203. Emergency medical service providers - licensure
Page 8, Line 31- renewal of license - duties of department - rules - record checks -
Page 8, Line 32definitions. (4) (a) The department shall require a certification or
Page 8, Line 33licensure applicant to submit to a federal bureau of investigation
Page 8, Line 34fingerprint-based national criminal history record check from the
Page 8, Line 35Colorado bureau of investigation to investigate the applicant for an
Page 8, Line 36emergency medical service provider certificate or license. The department
Page 8, Line 37may acquire a name-based judicial record check for a certificate or license
Page 8, Line 38applicant, performed using state judicial department records.
Page 8, Line 39(g) When the results of a fingerprint-based criminal history record
Page 8, Line 40check of a person an individual performed pursuant to this subsection
Page 8, Line 41(4) reveal a record of arrest without a disposition, the department
Page 8, Line 42government entity, or private, not-for-profit, or for-profit organization
Page 8, Line 43that required the fingerprint-based criminal history record check shall
Page 9, Line 1require that person individual to submit to a name-based judicial record
Page 9, Line 2check, as defined in section 22-2-119.3 (6)(d), performed using state
Page 9, Line 3judicial department records.
Page 9, Line 4SECTION 8. In Colorado Revised Statutes, 25-3.5-317, add
Page 9, Line 5(3)(a)(III) and (7) as follows:
Page 9, Line 625-3.5-317. License - application - inspection - criminal history
Page 9, Line 7record check - issuance - investigation - definitions. (3) (a) (III) When
Page 9, Line 8the results of a fingerprint-based criminal history record check
Page 9, Line 9of an individual performed pursuant to this subsection (3) reveal
Page 9, Line 10a record of arrest without a disposition, the department shall
Page 9, Line 11require that individual to submit to a name-based judicial
Page 9, Line 12record check, as defined in section 22-2-119.3 (6)(d), performed
Page 9, Line 13using state judicial department records.
Page 9, Line 14(7) As used in this section, unless the context otherwise
Page 9, Line 15requires:
Page 9, Line 16(a) "Operator" means an individual designated by an
Page 9, Line 17ambulance service as responsible for the day-to-day operations
Page 9, Line 18of the ambulance service.
Page 9, Line 19(b) "Owner" means an officer, director, general partner,
Page 9, Line 20limited partner, or other individual with a financial or equity
Page 9, Line 21ownership interest of fifty percent or more of an ambulance
Page 9, Line 22service.
Page 9, Line 23SECTION 9. In Colorado Revised Statutes, 25-3.5-1305, amend
Page 9, Line 24(3)(a)(III) and (3)(a)(IV) as follows:
Page 9, Line 2525-3.5-1305. License - application - inspection - record check
Page 9, Line 26- issuance. (3) (a) (III) The department may acquire a name-based
Page 9, Line 27judicial record check, performed using state judicial department
Page 9, Line 28records, for an owner, manager, or administrator.
Page 9, Line 29(IV) When the results of a fingerprint-based criminal history
Page 9, Line 30record check of a person an individual performed pursuant to this
Page 9, Line 31subsection (3) reveal a record of arrest without a disposition, the
Page 9, Line 32department shall require that person individual to submit to a
Page 9, Line 33name-based judicial record check, as defined in section 22-2-119.3 (6)(d),
Page 9, Line 34performed using state judicial department records.
Page 9, Line 35SECTION 10. In Colorado Revised Statutes, 25-27-105, amend
Page 9, Line 36(2.5)(a), (2.5)(a.5), and (2.5)(a.7); and add (5) as follows:
Page 9, Line 3725-27-105. License - application - inspection - issuance -
Page 9, Line 38definitions. (2.5) (a) On July 1, 2002, as part of an original application
Page 9, Line 39and on and after July 1, 2002, on the first renewal of an application for
Page 9, Line 40assisted living residences licensed before July 1, 2002, for a license, an
Page 9, Line 41owner, applicant, or licensee shall request from a criminal justice agency
Page 9, Line 42designated by the department criminal history record information
Page 9, Line 43regarding such owner, applicant, or licensee. The information, upon such
Page 10, Line 1request and subject to any restrictions imposed by such agency, shall be
Page 10, Line 2forwarded by the criminal justice agency directly to the department When
Page 10, Line 3submitting an application for a license pursuant to this section,
Page 10, Line 4or within ten days after a change in ownership or a change in the
Page 10, Line 5licensee, each owner, applicant, or licensee shall submit a
Page 10, Line 6complete set of the owner's, applicant's, or licensee's
Page 10, Line 7fingerprints to the Colorado bureau of investigation for the
Page 10, Line 8purpose of conducting a fingerprint-based criminal history
Page 10, Line 9record check. The Colorado bureau of investigation shall
Page 10, Line 10forward the fingerprints to the federal bureau of investigation
Page 10, Line 11for the purpose of conducting a fingerprint-based criminal
Page 10, Line 12history record check. The Colorado bureau of investigation
Page 10, Line 13shall forward the results of the criminal history record checks
Page 10, Line 14to the department.
Page 10, Line 15(a.5) On and after July 1, 2002, the department may require that
Page 10, Line 16an administrator request from a criminal justice agency designated by the
Page 10, Line 17department a criminal history record on such administrator. The
Page 10, Line 18information, upon such request and subject to any restrictions imposed by
Page 10, Line 19such agency, shall be forwarded by the criminal justice agency directly to
Page 10, Line 20the department The department may require that an administrator
Page 10, Line 21submit a complete set of the administrator's fingerprints to the
Page 10, Line 22Colorado bureau of investigation for the purpose of conducting
Page 10, Line 23a fingerprint-based criminal history record check. The
Page 10, Line 24Colorado bureau of investigation shall forward the
Page 10, Line 25fingerprints to the federal bureau of investigation for the
Page 10, Line 26purpose of conducting a fingerprint-based criminal history
Page 10, Line 27record check. The Colorado bureau of investigation shall
Page 10, Line 28forward the results of the criminal history record checks to
Page 10, Line 29the department.
Page 10, Line 30(a.7) When the results of a fingerprint-based criminal history
Page 10, Line 31record check of an applicant performed pursuant to this section reveal a
Page 10, Line 32record of arrest without a disposition, the department shall require that
Page 10, Line 33applicant to submit to a name-based judicial record check, as defined in
Page 10, Line 34section 22-2-119.3 (6)(d), performed using state judicial
Page 10, Line 35department records.
Page 10, Line 36(5) As used in this section, unless the context otherwise
Page 10, Line 37requires:
Page 10, Line 38(a) "Administrator" means an individual who controls and
Page 10, Line 39supervises or attempts to control and supervise the day-to-day
Page 10, Line 40operations of an assisted living residence, including an
Page 10, Line 41individual considered an interim administrator for the purposes
Page 10, Line 42of section 25-27-106 (4)(b).
Page 10, Line 43(b) "Applicant" means an individual who is seeking a
Page 11, Line 1license to operate an assisted living residence.
Page 11, Line 2(c) (I) "Owner" means an individual who;
Page 11, Line 3(A) Is a sole proprietor, a shareholder in a for-profit or
Page 11, Line 4nonprofit corporation, a partner in a partnership or limited
Page 11, Line 5partnership, or a member in a limited liability company; and
Page 11, Line 6(B) Has a financial or equity interest of fifty percent or
Page 11, Line 7more in the entity to which the license to operate an assisted
Page 11, Line 8living residence is issued.
Page 11, Line 9(II) "Owner" includes a licensee.
Page 11, Line 10SECTION 11. In Colorado Revised Statutes, 25-27.5-106,
Page 11, Line 11amend (3)(a) and (3)(a.5) as follows:
Page 11, Line 1225-27.5-106. License or registration - application - inspection
Page 11, Line 13- issuance - rules. (3) (a) With the submission of an application for a
Page 11, Line 14license or registration granted pursuant to this article 27.5, or within ten
Page 11, Line 15days after a change in the owner, manager, or administrator, each owner
Page 11, Line 16of a home care agency or home care placement agency and each manager
Page 11, Line 17or administrator of a home care agency or home care placement agency
Page 11, Line 18must shall submit a complete set of the person's individual's
Page 11, Line 19fingerprints to the Colorado bureau of investigation for the purpose of
Page 11, Line 20conducting a state and national fingerprint-based criminal history record
Page 11, Line 21check. utilizing records of the Colorado bureau of investigation and the
Page 11, Line 22federal bureau of investigation The Colorado bureau of
Page 11, Line 23investigation shall forward the fingerprints to the federal
Page 11, Line 24bureau of investigation for the purpose of conducting a
Page 11, Line 25fingerprint-based criminal history record check. Each owner and
Page 11, Line 26each manager or administrator is responsible for paying the fee
Page 11, Line 27established by the Colorado bureau of investigation for conducting the
Page 11, Line 28fingerprint-based criminal history record check to the bureau. Upon
Page 11, Line 29completion of the fingerprint-based criminal history record check, the
Page 11, Line 30bureau shall forward the results to the department.
Page 11, Line 31(a.5) When the results of a fingerprint-based criminal history
Page 11, Line 32record check of a person an individual performed pursuant to this
Page 11, Line 33subsection (3) reveal a record of arrest without a disposition, the
Page 11, Line 34department shall require that person individual to submit to a
Page 11, Line 35name-based judicial record check, as defined in section 22-2-119.3 (6)(d),
Page 11, Line 36performed using state judicial department records.
Page 11, Line 37SECTION 12. In Colorado Revised Statutes, 26-5.7-110, amend
Page 11, Line 38(3)(f)(III); and add (1)(b.5) as follows:
Page 11, Line 3926-5.7-110. Host homes for youth - report - rules - definitions.
Page 11, Line 40(1) As used in this section, unless the context otherwise requires:
Page 11, Line 41(b.5) "Organization" means a child placement agency, a
Page 11, Line 42county or district department of human or social services, or a
Page 11, Line 43homeless youth shelter.
Page 12, Line 1(3) To operate a host home program, an organization must:
Page 12, Line 2(f) Maintain accurate and up-to-date records documenting the
Page 12, Line 3following for each host home operating under the program:
Page 12, Line 4(III) A copy of the completed determination by the
Page 12, Line 5department of human services as to whether the individual
Page 12, Line 6meets criteria or does not meet criteria for certification to
Page 12, Line 7operate a host home in response to the fingerprint-based criminal
Page 12, Line 8history record check conducted pursuant to subsection (5) of this section
Page 12, Line 9for the individual operating the host home and all other individuals
Page 12, Line 10residing in the home who are eighteen years of age or older;
Page 12, Line 11SECTION 13. In Colorado Revised Statutes, 44-30-1603, amend
Page 12, Line 12(1) and (2); and add (1.5), (6.1), and (6.5) as follows:
Page 12, Line 1344-30-1603. Definitions. As used in this part 16, unless the
Page 12, Line 14context otherwise requires:
Page 12, Line 15(1) "Confidential information" means information related to the
Page 12, Line 16play of a fantasy contest by fantasy contest players obtained as a result of
Page 12, Line 17or by virtue of a person's employment "Applicant" means a person
Page 12, Line 18that has applied for an initial license or registration or a
Page 12, Line 19renewal license or registration to operate in Colorado as a
Page 12, Line 20fantasy contest or a small fantasy contest operator. An
Page 12, Line 21applicant must be the individual or entity that is responsible for
Page 12, Line 22the financial and contractual obligations of the fantasy
Page 12, Line 23contest provider.
Page 12, Line 24(1.5) "Confidential information" means information
Page 12, Line 25related to the play of a fantasy contest by fantasy contest
Page 12, Line 26players obtained as a result of or by virtue of an individual's
Page 12, Line 27employment.
Page 12, Line 28(2) "Director" means the director of the division of gaming. or the
Page 12, Line 29director's designee.
Page 12, Line 30(6.1) "General partner" means an individual engaged with
Page 12, Line 31at least one other individual for the purpose of joint profit,
Page 12, Line 32thereby creating a general partnership.
Page 12, Line 33(6.5) "Managing officer" means an individual who manages
Page 12, Line 34the day-to-day operations of a fantasy contest and is
Page 12, Line 35responsible for executing the decisions made by the board of
Page 12, Line 36directors of the fantasy contest, if applicable.
Page 12, Line 37SECTION 14. In Colorado Revised Statutes, 44-10-307, amend
Page 12, Line 38(4)(a) and (4)(c) as follows:
Page 12, Line 3944-10-307. Persons prohibited as licensees -
Page 12, Line 40definition. (4) (a) In investigating the qualifications of an applicant or a
Page 12, Line 41licensee, the state and local licensing authorities authority may have
Page 12, Line 42access to criminal history record information furnished by a criminal
Page 12, Line 43justice agency subject to any restrictions imposed by such agency. In the
Page 13, Line 1event the state or local licensing authority considers the applicant's
Page 13, Line 2criminal history record, the state or local licensing authority shall also
Page 13, Line 3consider any information provided by the applicant regarding such
Page 13, Line 4criminal history record, including but not limited to evidence of
Page 13, Line 5rehabilitation, character references, and educational achievements,
Page 13, Line 6especially those items pertaining to the period of time between the
Page 13, Line 7applicant's last criminal conviction and the consideration of the
Page 13, Line 8application for a state license.
Page 13, Line 9(c) (I) At the time of filing an application for issuance or renewal
Page 13, Line 10of a state medical marijuana business license, or a retail marijuana
Page 13, Line 11business license, or a regulated marijuana license or registration,
Page 13, Line 12including an occupational license and a license for a
Page 13, Line 13controlling beneficial owner, as defined in section 44-10-103 (13),
Page 13, Line 14an applicant shall submit a set of his or her their fingerprints and file
Page 13, Line 15personal history information concerning the applicant's qualifications for
Page 13, Line 16a state license on forms prepared by the state licensing authority.
Page 13, Line 17(II) The state or local licensing authority or local jurisdiction shall
Page 13, Line 18submit the applicant's fingerprints to the Colorado bureau of
Page 13, Line 19investigation for the purpose of conducting fingerprint-based criminal
Page 13, Line 20history record checks. The Colorado bureau of investigation shall forward
Page 13, Line 21submit the fingerprints to the federal bureau of investigation for the
Page 13, Line 22purpose of conducting national fingerprint-based criminal history
Page 13, Line 23record checks.
Page 13, Line 24(III) Results of a fingerprint-based criminal history
Page 13, Line 25record check submitted to the federal bureau of investigation
Page 13, Line 26in accordance with this section shall be sent to the state
Page 13, Line 27licensing authority.
Page 13, Line 28(IV) When the results of a fingerprint-based criminal history
Page 13, Line 29record check reveal a record of arrest without a disposition, the state or
Page 13, Line 30local licensing authority or local jurisdiction shall require an applicant or
Page 13, Line 31a license holder to submit to a name-based judicial record check, as
Page 13, Line 32defined in section 22-2-119.3 (6)(d). The state or local licensing authority
Page 13, Line 33or local jurisdiction shall use the information resulting from the
Page 13, Line 34fingerprint-based criminal history record check to investigate and
Page 13, Line 35determine whether an applicant is qualified to hold a state or local license
Page 13, Line 36pursuant to this article 10. The state or local licensing authority or local
Page 13, Line 37jurisdiction may verify any of the information an applicant is required to
Page 13, Line 38submit.
Page 13, Line 39SECTION 15. In Colorado Revised Statutes, 44-20-118, amend
Page 13, Line 40(2) as follows:
Page 13, Line 4144-20-118. Application - prelicensing education -
Page 13, Line 42fingerprint-based criminal history record check - rules.
Page 13, Line 43(2) Application for distributor's, manufacturer representative's, or
Page 14, Line 1manufacturer's, or buyer agent's licenses shall must be made to the
Page 14, Line 2executive director.
Page 14, Line 3SECTION 16. In Colorado Revised Statutes, 44-20-118, amend
Page 14, Line 4(8)(a) as follows:
Page 14, Line 544-20-118. Application - prelicensing education -
Page 14, Line 6fingerprint-based criminal history record check - rules. (8) (a) With
Page 14, Line 7the submission of an application for any a license issued under this part
Page 14, Line 81, each applicant shall submit a complete set of fingerprints to the
Page 14, Line 9Colorado bureau of investigation or the auto industry division for the
Page 14, Line 10purpose of conducting fingerprint-based criminal history record checks.
Page 14, Line 11The Colorado bureau of investigation shall forward the fingerprints to the
Page 14, Line 12federal bureau of investigation for the purpose of conducting
Page 14, Line 13fingerprint-based criminal history record checks. The board or the
Page 14, Line 14executive director auto industry division shall use the information
Page 14, Line 15resulting from the fingerprint-based criminal history record check to
Page 14, Line 16investigate and determine whether an applicant. is qualified to be
Page 14, Line 17licensed. The board or the executive director auto industry division
Page 14, Line 18may verify the information an applicant is required to submit. The
Page 14, Line 19applicant shall must pay the costs associated with the fingerprint-based
Page 14, Line 20criminal history record check to the Colorado bureau of investigation.
Page 14, Line 21SECTION 17. In Colorado Revised Statutes, 44-20-417, amend
Page 14, Line 22(8)(a) as follows:
Page 14, Line 2344-20-417. Application - fingerprint-based criminal history
Page 14, Line 24record check - rules. (8) (a) With the submission of an application for
Page 14, Line 25any a license issued under this part 4, each applicant shall submit a
Page 14, Line 26complete set of fingerprints to the Colorado bureau of investigation or the
Page 14, Line 27auto industry division for the purpose of conducting fingerprint-based
Page 14, Line 28criminal history record checks. The Colorado bureau of investigation
Page 14, Line 29shall forward the fingerprints to the federal bureau of investigation for the
Page 14, Line 30purpose of conducting fingerprint-based criminal history record checks.
Page 14, Line 31The board or the executive director auto industry division shall use the
Page 14, Line 32information resulting from the fingerprint-based criminal history record
Page 14, Line 33check to investigate and determine whether an applicant. is qualified to
Page 14, Line 34be licensed. The board or the executive director auto industry division
Page 14, Line 35may verify the information an applicant is required to submit. The
Page 14, Line 36applicant shall must pay the costs associated with the fingerprint-based
Page 14, Line 37criminal history record check to the Colorado bureau of investigation.
Page 14, Line 38SECTION 18. In Colorado Revised Statutes, 44-32-503, amend
Page 14, Line 39(4)(a) as follows:
Page 14, Line 4044-32-503. Rules of commission - licensing - record check.
Page 14, Line 41(4) (a) With the submission of an application for a key occupational
Page 14, Line 42license or a support occupational license granted pursuant to this
Page 14, Line 43article 32, each applicant shall submit a set of fingerprints to the
Page 15, Line 1commission. The commission shall forward submit the fingerprints to the
Page 15, Line 2Colorado bureau of investigation for the purpose of conducting a state
Page 15, Line 3and national fingerprint-based criminal history record check utilizing
Page 15, Line 4records of the Colorado bureau of investigation and the federal bureau of
Page 15, Line 5investigation. Only the actual costs of the record check must be borne by
Page 15, Line 6the applicant. Nothing in this subsection (4) precludes the commission
Page 15, Line 7from making further inquiries into the background of the applicant.
Page 15, Line 8SECTION 19. In Colorado Revised Statutes, 44-32-102, amend
Page 15, Line 9(1); and add (1.5), (13.3), (13.7), and (23.5) as follows:
Page 15, Line 1044-32-102. Definitions - rules. As used in this article 32, unless
Page 15, Line 11the context otherwise requires:
Page 15, Line 12(1) "Breakage" means the odd cents by which the amount payable
Page 15, Line 13on each dollar wagered in a pari-mutuel pool exceeds a multiple of ten
Page 15, Line 14cents "Applicant" means an individual applying for a license,
Page 15, Line 15permit, or registration or the renewal of a license, permit, or
Page 15, Line 16registration granted by the division pursuant to this article 32.
Page 15, Line 17(1.5) "Breakage" means the odd cents by which the amount
Page 15, Line 18payable on each dollar wagered in a pari-mutuel pool exceeds
Page 15, Line 19a multiple of ten cents.
Page 15, Line 20(13.3) "Key occupational license" means a license issued by
Page 15, Line 21the division required for an individual who exercises significant
Page 15, Line 22influence over decisions affecting a business licensed with the
Page 15, Line 23commission pursuant to section 44-32-504.
Page 15, Line 24(13.7) "License" means a license granted by the division
Page 15, Line 25pursuant to this article 32.
Page 15, Line 26(23.5) "Support occupational license" means a license
Page 15, Line 27issued by the division required for an individual regulated by
Page 15, Line 28the division who is not subject to a key occupational license or
Page 15, Line 29an occupational registration license.
Page 15, Line 30SECTION 20. Safety clause. The general assembly finds,
Page 15, Line 31determines, and declares that this act is necessary for the immediate
Page 15, Line 32preservation of the public peace, health, or safety or for appropriations for
Page 15, Line 33the support and maintenance of the departments of the state and state
Page 15, Line 34institutions.".