Amendments for HB24-1004
House Journal, February 16
15 HB24-1004 be amended as follows, and as so amended, be referred to
16 the Committee on Appropriations with favorable
17 recommendation:
18
19 Amend printed bill, strike everything below the enacting clause and
20 substitute:
21
22 "SECTION 1. In Colorado Revised Statutes, add 12-20-206 as
23 follows:
24 12-20-206. Regulators - consideration of criminal records -
25 petition process - denials - definition. (1) AS USED IN THIS SECTION,
26 "DIRECTLY RELATED TO" MEANS THAT THE CRIMINAL OFFENSE FOR WHICH
27 THE APPLICANT HAS BEEN CONVICTED HAS A SPECIFIC ELEMENT THAT IS
28 STILL RELEVANT AT THE TIME OF THE INDIVIDUAL'S APPLICATION FOR A
29 REGISTRATION, CERTIFICATION, OR LICENSE, WHICH WOULD MAKE THE
30 INDIVIDUAL UNABLE TO SUCCESSFULLY PRACTICE THE PROFESSION OR
31 OCCUPATION IN WHICH THE INDIVIDUAL HAS APPLIED OR PETITIONED FOR
32 DETERMINATION OF QUALIFICATION.
33 (2) IF AN APPLICANT HAS A VALID CONVICTION FOR A CRIME, THE
34 REGULATOR MAY ONLY CONSIDER THE APPLICANT'S CONVICTION FOR A
35 THREE-YEAR PERIOD BEGINNING ON THE DATE OF CONVICTION OR THE END
36 OF INCARCERATION, WHICHEVER DATE IS LATER, IF THE APPLICANT HAS
37 NOT BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE DURING THE
38 THREE-YEAR PERIOD. AFTER THE THREE-YEAR PERIOD, THE REGULATOR
39 SHALL ONLY CONSIDER THE INDIVIDUAL'S APPLICATION FOR
40 REGISTRATION, CERTIFICATION, OR LICENSURE IN THE SAME MANNER AS
41 AN APPLICANT WHO DOES NOT POSSESS A PRIOR CRIMINAL RECORD;
42 EXCEPT THAT THE REGULATOR MAY CONSIDER A CONVICTION FOR A CRIME
43 THAT IS DIRECTLY RELATED TO THE PROFESSION OR OCCUPATION FOR
44 WHICH THE INDIVIDUAL HAS APPLIED FOR REGISTRATION, CERTIFICATION,
45 OR LICENSURE.
46 (3) (a) IF A REGULATOR IS CONSIDERING AN APPLICANT'S CRIMINAL
47 RECORD DURING THE APPLICATION PROCESS FOR REGISTRATION,
48 CERTIFICATION, OR LICENSURE, A REGULATOR MAY ONLY DENY OR REFUSE
49 TO RENEW THE REGISTRATION, CERTIFICATION, OR LICENSE IF THE
50 REGULATOR DETERMINES THAT THE APPLICANT HAS NOT BEEN
51 REHABILITATED AND IS UNABLE TO PERFORM THE DUTIES AND
52 RESPONSIBILITIES OF THE PROFESSION OR OCCUPATION.
53 (b) AN APPLICANT'S CONVICTION FOR A CRIME DOES NOT, IN AND
54 OF ITSELF, DISQUALIFY THE APPLICANT FROM BEING ISSUED A
55 REGISTRATION, CERTIFICATION, OR LICENSE.
56
1 (4) (a) AN INDIVIDUAL WHOSE CONVICTION MAY AFFECT THE
2 INDIVIDUAL'S APPLICATION FOR REGISTRATION, CERTIFICATION, OR
3 LICENSURE MAY PETITION AT ANY TIME, INCLUDING WHILE INCARCERATED
4 OR BEFORE OBTAINING ANY REQUIRED PERSONAL QUALIFICATIONS, FOR A
5 DECISION FROM A REGULATOR AS TO WHETHER A REGULATOR MAY
6 CONSIDER THE INDIVIDUAL'S CRIMINAL RECORD WHEN REVIEWING THE
7 INDIVIDUAL'S APPLICATION FOR A REGISTRATION, CERTIFICATION, OR
8 LICENSE.
9 (b) AN INDIVIDUAL WHO PETITIONS A REGULATOR SHALL INCLUDE
10 IN THE PETITION:
11 (I) THE INDIVIDUAL'S CRIMINAL RECORD OR AUTHORIZATION FOR
12 THE REGULATOR TO OBTAIN THE INDIVIDUAL'S CRIMINAL RECORD; AND
13 (II) ANY ADDITIONAL INFORMATION ABOUT THE INDIVIDUAL'S
14 CURRENT CIRCUMSTANCES, INCLUDING THE TIME SINCE THE CRIMINAL
15 OFFENSE WAS COMMITTED AND THE SENTENCE WAS COMPLETED, THE
16 PAYMENT OF ANY COURT-ORDERED RESTITUTION, EVIDENCE OF
17 REHABILITATION, TESTIMONIALS, EMPLOYMENT HISTORY, AND
18 EMPLOYMENT ASPIRATIONS.
19 (c) IF A REGULATOR DETERMINES THAT A PETITIONER'S
20 CONVICTION WILL LIKELY BE CONSIDERED, THE REGULATOR SHALL ADVISE
21 THE PETITIONER OF ANY ACTIONS THE PETITIONER MAY TAKE TO REMEDY
22 THE DISQUALIFICATION. IF REMEDIAL ACTION IS ADVISED BY THE
23 REGULATOR, THE PETITIONER MAY SUBMIT A REVISED PETITION ON OR
24 BEFORE A DATE SET BY THE REGULATOR FOR COMPLETION OF THE
25 REMEDIAL ACTIONS.
26 (d) A REGULATOR WHO MAKES AN INITIAL DETERMINATION
27 PURSUANT TO THIS SUBSECTION (4) MAY REQUIRE A NEW DETERMINATION
28 AT THE TIME AN INDIVIDUAL FORMALLY APPLIES FOR REGISTRATION,
29 CERTIFICATION, OR LICENSURE.
30 (5) IN ORDER TO DENY AN APPLICATION FOR REGISTRATION,
31 CERTIFICATION, OR LICENSURE PURSUANT TO THIS SECTION, A REGULATOR
32 BEARS THE BURDEN OF PROOF TO SHOW BY CLEAR AND CONVINCING
33 EVIDENCE THAT THE DENIAL DIRECTLY CONNECTS INFORMATION IN AN
34 APPLICANT'S CRIMINAL RECORD TO POTENTIAL PERFORMANCE IN THE
35 PARTICULAR OCCUPATION OR PROFESSION FOR WHICH THE APPLICANT IS
36 APPLYING FOR REGISTRATION, CERTIFICATION, OR LICENSURE.
37 (6) THIS SECTION DOES NOT:
38 (a) NEGATE ANY PROVISION FOR REGISTRATION, CERTIFICATION,
39 OR LICENSURE IN THIS TITLE 12 THAT REQUIRES AN APPLICANT TO SUBMIT
40 INFORMATION REGARDING THE APPLICANT'S CRIMINAL HISTORY TO A
41 REGULATOR WITH AN APPLICATION;
42 (b) NEGATE ANY OTHER REASON SPECIFIED IN THIS TITLE 12 FOR
43 WHICH A REGULATOR MAY DENY AN APPLICANT REGISTRATION,
44 CERTIFICATION, OR LICENSURE FOR A PROFESSION OR AN OCCUPATION;
45 (c) NEGATE ANY REQUIREMENT UNDER FEDERAL LAW THAT
46 REQUIRES AN INDIVIDUAL TO OBTAIN OR MAINTAIN A REGISTRATION,
47 CERTIFICATION, OR LICENSURE;
48 (d) NEGATE THE LIST OF DETERMINING FACTORS THAT SHALL NOT
49 BE CONSIDERED REGARDING AN APPLICANT'S CRIMINAL RECORD IN
50 SECTION 24-5-101 (2)(b); OR
51 (e) CREATE LIABILITY FOR AN EMPLOYER THAT FAILS TO HIRE AN
52 INDIVIDUAL WHO HAS A REGISTRATION, CERTIFICATION, OR LICENSE
53 PURSUANT TO THIS TITLE 12.
54 SECTION 2. In Colorado Revised Statutes, 12-20-202, amend
55 (5) as follows:
56
1 12-20-202. Licenses, certifications, and registrations - renewal
2 - reinstatement - fees - occupational credential portability program
3 - temporary authority for military spouses - exceptions for military
4 personnel - rules - consideration of criminal convictions or driver's
5 history - executive director authority - definitions. (5) Criminal
6 convictions. Unless there is a specific statutory disqualification that
7 prohibits an applicant from obtaining licensure, certification, or
8 registration based on a criminal conviction, if a regulator determines that
9 an applicant for licensure, certification, or registration has a criminal
10 record, the regulator is governed by section SECTIONS 12-20-206 AND
11 24-5-101 for purposes of granting or denying, or placing any conditions
12 on, licensure, certification, or registration.
13 SECTION 3. In Colorado Revised Statutes, 24-5-101, amend
14 (1)(a), (2)(a), (2)(b) introductory portion, (3)(b)(I), (3)(c) introductory
15 portion, (4) introductory portion, and (7) introductory portion as follows:
16 24-5-101. Effect of criminal conviction on employment rights
17 - fee - determination. (1) (a) Except as otherwise provided in subsection
18 (1)(b) of this section, the fact that a person has been convicted of a felony
19 or other offense involving moral turpitude shall not, in and of itself,
20 prevent the person from applying for and obtaining public employment
21 or from applying for and receiving a license, certification, permit, or
22 registration required by the laws of this state to follow any business,
23 occupation, or profession.
24 (2) (a) (I) Whenever any WHEN A state or local agency is required
25 to make a finding that an applicant for a license, certification, permit, or
26 registration is a person of good moral character as a condition to the
27 issuance thereof OF ISSUING THE LICENSE, CERTIFICATION, PERMIT, OR
28 REGISTRATION, or IS REQUIRED TO evaluate the impact of an applicant's
29 criminal record, the fact that such applicant has, at some time prior
30 thereto, been convicted of a felony or other offense, involving moral
31 turpitude, and THE STATE OR LOCAL AGENCY SHALL GIVE CONSIDERATION
32 TO pertinent circumstances connected with such THE conviction shall be
33 given consideration in determining whether in fact, the applicant is
34 qualified. The intent of this section is to expand employment
35 opportunities for persons who, notwithstanding that fact of conviction of
36 an offense, have been rehabilitated and are ready to accept the
37 responsibilities of a law-abiding and productive member of society.
38 (II) A STATE AGENCY MAKING A FINDING PURSUANT TO
39 SUBSECTION (2)(a)(I) OF THIS SECTION MAY ONLY CONSIDER CONVICTIONS
40 PURSUANT TO SECTION 12-20-206.
41 (b) In evaluating an applicant, an A LOCAL agency shall comply
42 with subsection (4) of this section and A STATE OR LOCAL AGENCY shall
43 not use the determination of the following information as a basis for
44 denial or taking adverse action against any applicant otherwise qualified:
45 (3) (b) (I) With the exception of the department of corrections and
46 the department of public safety, the LOCAL agency shall not perform a
47 background check until the agency determines that an applicant is a
48 finalist or makes a conditional offer of employment to the applicant.
49 (c) If, after determining that an applicant is a finalist or after
50 making a conditional offer of employment to an applicant, the LOCAL
51 agency determines that the applicant has a criminal history, the LOCAL
52 agency shall comply with subsection (4) of this section and shall not use
53 the determination of the following information as a basis for not making
54 an offer of employment or for withdrawing the conditional offer of
55 employment:
56
1 (4) Except as provided in subsection (6) of this section, when
2 considering an applicant for a license, certification, permit, or registration
3 pursuant to subsection (2) of this section or, if, after determining that an
4 applicant is a finalist or making a conditional offer of employment to an
5 applicant, the LOCAL agency determines that the applicant has a
6 conviction other than as described in subsection (2)(b) or (3)(c) of this
7 section, the LOCAL agency shall consider the following factors when
8 determining whether the conviction disqualifies the applicant:
9 (7) Before a state or local agency makes a final determination that
10 a criminal conviction disqualifies an applicant from receiving a license,
11 certification, permit, or registration, the agency shall provide the applicant
12 with written notice that describes:
13 SECTION 4. Act subject to petition - effective date -
14 applicability. (1) This act takes effect at 12:01 a.m. on the day following
15 the expiration of the ninety-day period after final adjournment of the
16 general assembly; except that, if a referendum petition is filed pursuant
17 to section 1 (3) of article V of the state constitution against this act or an
18 item, section, or part of this act within such period, then the act, item,
19 section, or part will not take effect unless approved by the people at the
20 general election to be held in November 2024 and, in such case, will take
21 effect on the date of the official declaration of the vote thereon by the
22 governor.
23 (2) This act applies to applications for registration, certification,
24 permitting, or licensure submitted on or after the applicable effective date
25 of this act.".
26
27
House Journal, April 30
38 HB24-1004 be amended as follows, and as so amended, be referred to
39 the Committee of the Whole with favorable
40 recommendation:
41
42 Amend the Business Affairs and Labor Committee Report, dated
43 February 15, 2024, page 5, after line 2 insert:
44
45 "SECTION 4. Appropriation. (1) For the 2024-25 state fiscal
46 year, $133,216 is appropriated to the department of regulatory agencies.
47 This appropriation is from the division of professions and occupations
48 cash fund created in section 12-20-105 (3), C.R.S. To implement this act,
49 the department may use this appropriation as follows:
50 (a) $80,203 for use by the division of professions and occupations
51 for personal services, which amount is based on an assumption that the
52 division will require an additional 1.2 FTE;
53 (b) $8,206 for use by the division of professions and occupations
54 for operating expenses; and
55 (c) $44,807 for the purchase of legal services.
56
1 (2) For the 2024-25 state fiscal year, $44,807 is appropriated to
2 the department of law. This appropriation is from reappropriated funds
3 received from the department of regulatory agencies under subsection
4 (1)(c) of this section and is based on an assumption that the department
5 of law will require an additional 0.2 FTE. To implement this act, the
6 department of law may use this appropriation to provide legal services for
7 the department of regulatory agencies.".
8
9 Renumber succeeding section accordingly.
10
11 Page 5, after line 15 insert:
12
13 "Page 1 of the bill, line 103, strike "OCCUPATIONS." and substitute
14 "OCCUPATIONS, AND, IN CONNECTION THEREWITH, MAKING AN
15 APPROPRIATION.".".
16
17
House Journal, April 30
38 Amendment No. 1, Appropriations Report, dated April 30, 2024, and
39 placed in member's bill file; Report also printed in House Journal,
40 April 30, 2024.
41
42 Amendment No. 2, Business Affairs & Labor Report, dated February 15,
43 2024, and placed in member's bill file; Report also printed in House
44 Journal, February 16, 2024.
45
46 Amendment No. 3, by Assistant Majority Leader Bacon:
47
48 Amend the Business Affairs and Labor Committee Report, dated
49 February 15, 2024, page 1, line 8, strike "HAS A SPECIFIC ELEMENT THAT".
50
51 Page 1, strike lines 10 and 11 and substitute "REGISTRATION,
52 CERTIFICATION, OR LICENSE, WHICH WOULD CREATE AN UNREASONABLE
53 RISK TO PUBLIC SAFETY BECAUSE THE OFFENSE DIRECTLY RELATES TO THE
54 DUTIES AND RESPONSIBILITIES OF THE PROFESSION OR".
55
56
1 Page 1, line 13, strike "QUALIFICATION." and substitute "QUALIFICATION,
2 AS DETERMINED BY A REGULATOR AFTER CONSIDERATION OF ALL
3 EVIDENCE AVAILABLE TO THE REGULATOR.".
4
5 Page 1, line 14, strike "VALID".
6
7 Page 2, line 6, strike "OCCUPATION." and substitute "OCCUPATION
8 WITHOUT CREATING AN UNREASONABLE RISK TO PUBLIC SAFETY.".
9
10 Page 2, line 24, after "COMPLETED," insert "THE AGE OF THE APPLICANT
11 AT TIME THE OFFENSE WAS COMMITTED,".
12
13 Page 2, line 43, after "IN" insert "AND THE POTENTIAL CREATION OF AN
14 UNREASONABLE RISK TO PUBLIC SAFETY THROUGH".
15
16 Page 4, strike lines 3 through 5 and substitute "to make a finding that
17 REGARDING an applicant for a license, certification, permit, or registration
18 is a person of good moral character as a condition to the issuance thereof
19 OF ISSUING THE LICENSE, CERTIFICATION, PERMIT, OR".
20
21 Page 4, line 7, strike "the fact that such applicant has," and substitute
22 "AND the fact that such applicant has,".
23
24 Amendment No. 4, by Assistant Majority Leader Bacon:
25
26 Amend the Business Affairs and Labor Committee Report, dated
27 February 15, 2024, page 1, line 14, strike "THE" and substitute "A".
28
29 Page 2, line 35, strike "WHO" and substitute "THAT".
30
31 Page 3, line 1, strike "OCCUPATION OR PROFESSION" and substitute
32 "PROFESSION OR OCCUPATION".
33
34 Page 4, line 7, strike "time" and substitute "time,".
35
36 Page 4, line 20, strike "section" and substitute "section,".
37
38 Page 4, line 24, strike the second "the" and substitute "the A".
39
40 Page 4, line 28, strike "the" and substitute "the A".
41
42 Page 4, line 38, strike the first "the" and substitute "the A".
43
44 Amendment No. 5, by Assistant Majority Leader Bacon:
45
46 Amend the Business Affairs and Labor Committee Report, dated
47 February 15, 2024, page 2, line 39, after "(5)" insert "(a)".
48
49 Page 3, after line 2 insert:
50
51 "(b) IF AN INDIVIDUAL HAS FILED A PETITION FOR A
52 DETERMINATION PURSUANT TO SUBSECTION (4) OF THIS SECTION; HAS
53 RECEIVED A NOTICE OF AN AGENCY ADJUDICATORY HEARING AND FILED
54 AND ANSWER TO THE NOTICE PURSUANT TO SECTION 24-4-105; AND FAILS
1 TO APPEAR AT THE SCHEDULED TIME AND PLACE OF THE HEARING, THE
2 ADMINISTRATIVE LAW JUDGE SHALL ENTER A DEFAULT JUDGMENT IN
3 FAVOR OF THE REGULATOR.".
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7