NOTE: The governor signed this measure on 4/19/2013.
      
      
      SENATE BILL 13-192
      
      
      BY SENATOR(S) Heath, Steadman;
      also REPRESENTATIVE(S) Tyler, Labuda, Pettersen, Rosenthal, Schafer.
      
      
      Concerning the ability of government agencies to extend the time
           permitted for action based on the results of
           fingerprint-based criminal history record checks.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 40-10.1-110, amend
      (2) as follows:
      
           40-10.1-110.  Criminal history record check. (2)  An individual
      whose fingerprints are checked pursuant to in accordance with
      subsection (1) of this section may, pending the results of the criminal
      history record check, drive such the motor vehicles for the motor carrier
      described in subsection (1) of this section for up to ninety days after the
      commission forwards the fingerprints to the Colorado bureau of
      investigation or until the commission receives the results of the check,
      whichever occurs first. The commission may temporarily extend the
      ninety-day period, in accordance with section 24-33.5-412 (7),
      C.R.S., based on a delay in processing criminal history record
      checks by the Colorado bureau of investigation or on other
      exigent circumstances beyond the commission's control. Upon the
      commission's receipt of the results, the individual may resume driving
      motor vehicles for the motor carrier described in subsection (1) of this
      section, so long as the driving does not violate applicable law and does not
      occur while the individual has a criminal conviction on his or her record
      that disqualifies and prohibits him or her from driving a motor vehicle
      pursuant to in accordance with subsection (3) of this section.
      
           SECTION 2.  In Colorado Revised Statutes, 24-33.5-412, add (7)
      as follows:
      
           24-33.5-412.  Functions of bureau - legislative review -
      interagency cooperation with reporting functions - processing time for
      criminal history record checks. (7)  Notwithstanding any provision
      of law to the contrary, if a department or agency of the executive
      branch is required by statute to request a fingerprint-based
      criminal history record check from or through the bureau and
      obtain and process the results within a specified time, whether for
      purposes of issuance of a professional license or for any other
      reason, and, due to a backlog in requests pending with the bureau
      or due to other factors beyond the control of the department or
      agency, the department or agency is unable to act within the time
      required by statute:
      
           (a)  The department or agency is allowed an extension of
      time within which to obtain and process the results of the record
      check;
      
           (b)  The department or agency shall notify the applicant
      and other interested persons of the reason for the delay; and
      
           (c)  The status of the person whose criminal history is the
      subject of the record check, and his or her rights and
      responsibilities as specified in the statute that set forth the
      original period for agency action, do not change as a result of the
      delay.
      
           SECTION 3.  Applicability. This act applies to requests for
      fingerprint-based criminal history record checks that are pending on or after
      the effective date of this act.
      
           SECTION 4.  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.
      
      
      
      
      ____________________________  ____________________________
      John P. Morse                         Mark Ferrandino
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO