Colorado 2025 Regular Session

Colorado Senate Bill SB146

Introduced
2/5/25  
Refer
2/5/25  
Report Pass
2/25/25  
Refer
2/25/25  
Engrossed
3/3/25  
Refer
3/3/25  
Report Pass
4/3/25  
Refer
4/3/25  
Enrolled
4/16/25  
Engrossed
4/29/25  
Engrossed
4/29/25  
Enrolled
4/29/25  

Caption

Fingerprint-Based Criminal History Record Checks

Summary

SB146 updates Colorado’s fingerprint-based criminal history record check requirements to better align state law with federal FBI/CBI procedures. The bill authorizes or requires fingerprint-based checks for a wide range of regulated occupations and activities, including certain health-care and funeral professions, assisted living and home care providers, emergency medical service providers, massage facilities, marijuana licensees, fantasy contest operators, auto industry licensees, and some local government licensing programs. It also standardizes how fingerprints are collected, submitted, retained, and processed, including use of approved third-party vendors and Livescan equipment, and requires applicants or licensees to pay the associated costs in most cases. A major feature of the bill is that when a fingerprint-based check reveals an arrest without a final disposition, the relevant department or local licensing authority must require a follow-up name-based judicial record check using state judicial records. The bill also clarifies that certain departments may receive and use FBI results in addition to CBI results when determining whether an applicant is qualified for licensure or approval. In several sections, it replaces older language that relied on criminal justice agency record requests with direct fingerprint submission to CBI and FBI, and it adds or updates definitions to support those procedures. The bill’s impact on state law is broad but largely procedural: it revises background-check rules across multiple titles of the Colorado Revised Statutes rather than creating a single new licensing scheme. It affects state agencies, local governments, applicants, licensees, employers, and regulated businesses by imposing more uniform fingerprint-based screening requirements and by setting timelines, privacy limits for third-party vendors, and record-handling rules. It also updates background-check language for local ordinances or resolutions that require fingerprint checks, including massage business regulation and other local licensing contexts. Overall sentiment around the bill appears strongly favorable and noncontroversial. The voting history shows unanimous or near-unanimous support in committee and on the floor in both chambers, including 34-0 Senate third reading, 59-3 House third reading, and 31-0 Senate concurrence on House amendments. No committee transcript was provided, but the recorded votes suggest broad bipartisan agreement that the bill is a technical or administrative alignment measure rather than a policy overhaul. The main points of contention, to the extent they can be inferred, likely involve the scope of occupations and businesses subject to fingerprint-based checks, the cost burden placed on applicants and licensees, and the privacy/administrative implications of sharing fingerprints with both state and federal agencies. The bill also extends or standardizes background-check requirements in areas such as massage facilities and marijuana licensing, which can sometimes draw scrutiny, but the available voting record does not show organized opposition or significant debate.

Impact

SB146 amends numerous provisions across Colorado law to require or authorize fingerprint-based criminal history record checks in a more uniform way and to align state procedures with FBI and CBI requirements. It changes licensing and background-check processes for several state-regulated professions and industries, updates local government authority to require fingerprint checks, and adds follow-up name-based judicial record checks when arrests without dispositions appear. The bill affects applicants, licensees, state departments, local licensing authorities, and third-party fingerprint vendors by standardizing submission, retention, and reporting rules and by generally assigning the cost of checks to the person being screened.

Sentiment

The bill appears to have received broad, bipartisan support throughout the legislative process. Committee and floor votes were overwhelmingly favorable, with several unanimous votes and only a small number of dissenting votes on House third reading. That pattern suggests lawmakers viewed the measure as a practical alignment bill intended to improve consistency with federal background-check requirements rather than as a controversial policy change.

Contention

Any contention likely centers on the breadth of occupations and businesses covered, the requirement that applicants and licensees pay for fingerprint-based checks, and the privacy and administrative burdens associated with transmitting fingerprints to state and federal agencies. The bill also expands or clarifies background-check requirements for sectors such as massage facilities, marijuana businesses, assisted living, home care, and certain local licensing programs, which could raise concerns among regulated industries. However, the recorded votes show little visible opposition, indicating that these issues did not generate major legislative conflict.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.