As used in this part 10, unless the context otherwise requires:
(1) Applicant means an individual applying to be a county employee, state employee, county contractor, or state contractor.
(2) County contractor means an individual acting under a contract, purchase order, or other similar agreement for the procurement of goods or services with a county or county department.
(3) County employee means an individual employed by a county.
(4) Federal tax information has the same meaning as specified in federal internal revenue service publication 1075 dated September 30, 2016, as amended.
(5) State agency means all departments, institutions, and agencies of state government, including the office of the governor, institutions of higher education, all principal departments, and the legislative and judicial departments of the state.
(6) State contractor means an individual acting under a contract, purchase order, or other similar agreement for the procurement of goods or services with a state agency.
(7) State employee means an individual employed by a state agency, whether the individual is under the state personnel system or exempt from the state personnel system.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1216, � 1, effective July 1.
24-50-1002. State agencies with access to federal tax information - authorization for background checks - procedure - costs. (1) Each applicant, state employee, state contractor, or other individual who has or may have access through a state agency to federal tax information received from the federal government shall submit a complete set of the person's fingerprints to the state agency. The state agency shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The state agency shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant, state employee, state contractor, or other individual who has a record of arrest without a disposition. The state agency may collect the fingerprints of the applicant, state employee, state contractor, or other individual or may use the fingerprinting services of another state agency or other entity authorized to collect fingerprints for the purpose of conducting fingerprint-based criminal history record checks.
(2) The state agency shall use the information resulting from the fingerprint-based criminal history record check or name-based judicial record check to investigate and determine whether the applicant, state employee, state contractor, or other individual is qualified to have access to federal tax information in accordance with federal internal revenue service publication 1075. The state agency may verify the information an individual is required to submit. The state agency shall deny access to federal tax information received from the federal government to an applicant, state employee, state contractor, or other individual who does not pass the record check required by this section.
(3) The state agency shall pay the costs associated with fingerprint-based criminal history record checks to the Colorado bureau of investigation and pay the costs associated with a name-based judicial record check.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1217, � 1, effective July 1. L. 2019: Entire section amended, (HB 19-1166), ch. 125, p. 551, � 33, effective April 18. L. 2022: Entire section amended, (HB 22-1270), ch. 114, p. 523, � 35, effective April 21.
24-50-1003. County departments with access to federal tax information - authorization for background checks - procedure - costs. (1) A state agency that receives federal tax information from the federal government and shares that information with a county department administering public assistance, child support services, or other programs may authorize and require the county department by written agreement to collect the fingerprints of all applicants, county employees, county contractors, or other individuals who have or may have access to the shared federal tax information for the purpose of conducting fingerprint-based criminal history record checks in accordance with this section.
(2) Each applicant, county employee, county contractor, or other individual who has or may have access to federal tax information subject to an agreement authorized under subsection (1) of this section shall submit a complete set of the person's fingerprints to the county department. The county department shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The county department shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant, county employee, county contractor, or other individual who has a record of arrest without a disposition.
(3) The county department shall use the information resulting from the fingerprint-based criminal history record check or name-based judicial record check to investigate and determine whether the applicant, county employee, county contractor, or other individual is qualified to have access to the shared federal tax information in accordance with federal internal revenue service publication 1075. The county department may verify the information an individual is required to submit. The county department shall deny access to the shared federal tax information to an applicant, county employee, county contractor, or other individual who does not pass the record check required in accordance with this section.
(4) The county department shall pay the costs associated with fingerprint-based criminal history record checks to the Colorado bureau of investigation and pay the costs associated with a name-based judicial record check.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1217, � 1, effective July 1. L. 2019: (2), (3), and (4) amended, (HB 19-1166), ch. 125, p. 552, � 34, effective April 18. L. 2022: (2), (3), and (4) amended, (HB 22-1270), ch. 114, p. 524, � 36, effective April 21.
24-50-1004. State agencies sharing federal tax information with other state agencies. A state agency that receives federal tax information from the federal government and shares that information with another state agency may authorize and require that state agency by written agreement to conduct fingerprint-based criminal history record checks in accordance with section 24-50-1002 for all applicants, state employees, state contractors, or other individuals who have or may have access to the shared federal tax information. A state agency that receives federal tax information from the federal government shall not share that information with another state agency that fails or refuses to comply with the requirements of this section or section 24-50-1002.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1218, � 1, effective July 1.