NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 11-1102
      
      
      BY REPRESENTATIVE(S) Summers, Casso, Court, Kerr A., Kerr J.,
      Labuda, Massey, Nikkel, Priola, Ramirez, Schafer S., Solano, Stephens,
      Swalm, Todd, Tyler, Williams A., Wilson;
      also SENATOR(S) Newell, Aguilar, Bacon, Boyd, Giron, Guzman, Heath,
      Hodge, Hudak, Johnston, King S., Morse, Nicholson, Steadman, Tochtrop,
      Williams S.
      
      
      Concerning portability of fingerprint-based criminal history
           records checks for employees of separately licensed child
           care facilities owned by a single parent entity.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  26-6-107 (1) (a) (I) (C), Colorado Revised Statutes,
      is amended, and the said 26-6-107 (1) (a) (I) is further amended BY THE
      ADDITION OF A NEW SUB-SUBPARAGRAPH, to read:
      
           26-6-107.  Investigations and inspections - local authority -
      reports - rules.  (1) (a) (I) (C)  Rules promulgated by the state board
      pursuant to this subparagraph (I) shall require the fingerprint-based criminal
      history records check in all circumstances, other than those identified in
      sub-subparagraph (B), or (C.5), or (C.7) of this subparagraph (I), to include
      a fingerprint-based criminal history records check through the Colorado
      bureau of investigation.  As part of said investigation, the records and
      reports of child abuse or neglect maintained by the state department shall
      be accessed to determine whether the owner, applicant, employee, newly
      hired employee, licensee, or individual who resides in the licensed facility
      being investigated has been found to be responsible in a confirmed report
      of child abuse or neglect.  Information shall be made available pursuant to
      section 19-1-307 (2) (j), C.R.S., and rules promulgated by the state board
      pursuant to section 19-3-313.5 (4), C.R.S.  Except as provided for in
      sub-subparagraph (C.7) of this subparagraph (I), any change in
      ownership of a licensed facility or the addition of a new resident adult or
      newly hired employee to the licensed facility shall require a new
      investigation as provided for in this section.
      
           (C.7)  Where two or more individually licensed facilities are
      wholly owned, operated, and controlled by a common ownership
      group or school district, a fingerprint-based criminal history
      records check completed for one of the licensed facilities of the
      common ownership group or school district pursuant to this
      section for any individual for whom such a check is required under
      this part 1 may satisfy the records check requirement for any
      other licensed facility under the same common ownership group or
      school district.  A new fingerprint-based criminal history records
      check shall not be required of such an individual if the common
      ownership group or school district maintains a central records
      management system for employees of all its licensed facilities;
      takes action as required pursuant to section 26-6-104 when
      informed of the results of a fingerprint-based criminal history
      records check that requires action pursuant to this part 1; and
      informs the department whenever an additional licensed facility
      comes under or is no longer under its ownership or control.
      
           SECTION 2.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO