HOUSE 3rd Reading Unamended April 18, 2012 HOUSE Amended 2nd Reading April 16, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0455.01 Richard Sweetman x4333HOUSE BILL 12-1048 HOUSE SPONSORSHIP Waller, SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees Judiciary Finance Appropriations A BILL FOR AN ACT Concerning relieving the Colorado bureau of investigation of its statutory duties as a point of contact for the national instant criminal background check system in cases of firearm transfers, and in connection therewith, reducing appropriations. 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://www.leg.state.co.us/billsummaries.) Current federal law requires a licensed transferor of firearms to complete a background check of a prospective transferee through the national instant criminal background check system before transferring a firearm to him or her. Current state law requires the Colorado bureau of investigation (CBI) to perform such background checks as a point of contact for the federal bureau of investigation. The bill eliminates this requirement of the CBI and makes conforming amendments as necessary. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, repeal 24-33.5-412 (1) (l) and 24-33.5-424. SECTION 2. In Colorado Revised Statutes, 12-26.1-101, amend (1) (a) and (1) (b) as follows: 12-26.1-101. Background checks at gun shows - penalty. (1) Before a gun show vendor transfers or attempts to transfer a firearm at a gun show, he or she shall: (a) require that Contact the federal bureau of investigation for the purpose of completing a background check in accordance with section 24-33.5-424, C.R.S., be conducted of the prospective transferee through the national instant criminal background check system, as described in 18 U.S.C. sec. 922 (t); and (b) obtain approval of a transfer from the Colorado Bureau of Investigation after a background check has been requested by a licensed gun dealer, in accordance with section 24-33.5-424, C.R.S. Verify the identity of the transferee by examining a valid identification document, as defined in 18 U.S.C. 1028 (d) (3), of the transferee containing a photograph of the transferee. SECTION 3. In Colorado Revised Statutes, 18-4-412, amend (4) as follows: 18-4-412. Theft of medical records or medical information - penalty. (4) The obtaining, accessing, use, or disclosure of relevant medical records or medical information pursuant to 18 U.S.C. sec. 922 (t) and sections 24-33.5-424, 13-5-142 and 13-9-123, C.R.S., by the Colorado bureau of investigation, the clerk of the court of any judicial district in the state, the clerk of the probate court of the city and county of Denver, or by any of their employees and accessing such records and information through the NICS system shall not constitute theft of a medical record or medical information under this section. SECTION 4. In Colorado Revised Statutes, 18-12-205, amend (4) (c) as follows: 18-12-205. Sheriff - application - procedure - background check. (4) (c) After receipt of a permit application and the items specified in this section, the sheriff shall verify that the applicant meets the criteria specified in section 18-12-203 (1) and is not a danger as described in section 18-12-203 (2). The verification at a minimum shall include requesting the bureau to conduct contacting the federal bureau of investigation for the purpose of completing a search of the national instant criminal background check system, and requesting the bureau to conduct a search of the state integrated criminal justice information system to determine whether the applicant meets the criteria specified in section 18-12-203 (1). In addition, if the applicant resides in a municipality or town, the sheriff shall consult with the police department of the municipality or town in which the applicant resides, and the sheriff may consult with other local law enforcement agencies. SECTION 5. In Colorado Revised Statutes, 18-12-209, amend (2) as follows: 18-12-209. Issuance by sheriffs of temporary emergency permits. (2) (a) To receive a temporary emergency permit, a person shall submit to the sheriff of the county or city and county in which the person resides or in which the circumstances giving rise to the emergency exist the items specified in section 18-12-205; except that an applicant for a temporary emergency permit need not submit documentary evidence demonstrating competence with a handgun as required under section 18-12-205 (3) (a), and the applicant shall submit a temporary permit fee not to exceed twenty-five dollars, as set by the sheriff. (b) Upon receipt of the documents and fee described in paragraph (a) of this subsection (2), the sheriff shall: (I) Request that the bureau conduct a criminal history record check of the bureau files; and a search of (II) Contact the federal bureau of investigation for the purpose of completing a background check of the person through the national instant criminal background check system. (c) The sheriff may issue a temporary emergency permit to the applicant if the sheriff determines the person may be in immediate danger and the criminal history record check shows that the applicant meets the criteria specified in section 18-12-203; except that the applicant need not demonstrate competence with a handgun and the applicant may be eighteen years of age or older. (d) A temporary emergency permit issued pursuant to this section is valid for a period of ninety days after the date of issuance. Prior to or within ten days after expiration of a temporary emergency permit, the permittee may apply to the issuing sheriff for renewal of the permit. The issuing sheriff may renew a temporary emergency permit once for an additional ninety-day period; except that, if the permittee is younger than twenty-one years of age, the sheriff may renew the temporary emergency permit for subsequent ninety-day periods until the permittee reaches twenty-one years of age. SECTION 6. Appropriation - adjustments in 2012 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act to the department of public safety for the fiscal year beginning July 1, 2012, are adjusted as follows: (a) The appropriation for the executive director's office is decreased by $219,894. Of this amount, $197,709 is from the general fund and $22,185 is from cash funds. (b) The appropriation for the Colorado bureau of investigation is decreased by $1,633,054 and 26.4 FTE. Of this amount, $1,349,168 is from the general fund and $283,886 is from cash funds. SECTION 7. 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.