(1)(a) An individual who wishes to drive: A
taxicab for a motor carrier that is the holder of a certificate to provide taxicab
service issued under part 2 of this article 10.1; a motor vehicle for a motor carrier
that is the holder of a permit to operate as a charter bus, children's activity bus,
luxury limousine, or off-road scenic charter under part 3 of this article 10.1; or a
motor vehicle for a motor carrier that is the holder of a permit to operate as a large-market taxicab service under part 7 of this article 10.1 must have the individual's
fingerprints taken by a local law enforcement agency or any third party approved
by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check.
(b)If an approved third party takes
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(1) (a) An individual who wishes to drive: A
taxicab for a motor carrier that is the holder of a certificate to provide taxicab
service issued under part 2 of this article 10.1; a motor vehicle for a motor carrier
that is the holder of a permit to operate as a charter bus, children's activity bus,
luxury limousine, or off-road scenic charter under part 3 of this article 10.1; or a
motor vehicle for a motor carrier that is the holder of a permit to operate as a large-market taxicab service under part 7 of this article 10.1 must have the individual's
fingerprints taken by a local law enforcement agency or any third party approved
by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check.
(b) If an approved third party takes the individual's fingerprints, the
fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the individual's
information for more than thirty days unless requested to do so by the individual.
The individual shall submit payment for the fingerprints and for actual costs of the
record check at the time the fingerprints are submitted to the Colorado bureau of
investigation.
(c) Upon receipt of fingerprints and payment for the costs, the Colorado
bureau of investigation shall conduct a state and national fingerprint-based
criminal history record check using records of the Colorado bureau of investigation
and the federal bureau of investigation and shall forward the results of the criminal
history record check to the commission.
(1.5) When the results of a fingerprint-based criminal history record check of
an individual performed pursuant to this section reveal a record of arrest without a
disposition, the commission shall require the individual to submit to a name-based
judicial record check, as defined in section 22-2-119.3 (6)(d). The individual shall pay
the costs associated with a name-based judicial record check.
(2) An individual whose fingerprints are checked in accordance with
subsection (1) of this section may, pending the results of the criminal history record
check, drive the motor vehicles for the motor carrier described in subsection (1) of
this section for up to ninety days after the fingerprints are forwarded 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), 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 that disqualifies the individual from driving a motor vehicle
in accordance with subsection (3) of this section.
(3) An individual whose record is checked pursuant to this section is
disqualified and prohibited from driving motor vehicles for the motor carrier
described in subsection (1) of this section if the record check reflects that:
(a) The individual is not of good moral character, as determined by the
commission based on the results of the check;
(b) (I) The individual has been convicted of a felony or misdemeanor involving
moral turpitude.
(II) As used in this paragraph (b), moral turpitude includes any unlawful
sexual offense against a child, as defined in section 18-3-411, C.R.S., or a
comparable offense in any other state or in the United States.
(c) Within the two years immediately preceding the date the record check is
completed, the individual was:
(I) Convicted in this state of driving under the influence, as defined in section
42-4-1301 (1)(f), C.R.S.; driving with excessive alcoholic content, as described in
section 42-4-1301 (2)(a), C.R.S.; or driving while ability impaired, as defined in
section 42-4-1301 (1)(g), C.R.S.; or
(II) Convicted of a comparable offense in any other state or in the United
States.
(4) The commission shall consider the information resulting from the record
check in its determination as to whether the individual has met the standards set
forth in section 24-5-101 (2).
(5) An individual whose fingerprints were checked pursuant to subsection (1)
of this section shall, as a condition of continued qualification to drive a motor
vehicle for a motor carrier, resubmit a set of his or her fingerprints to the
commission in accordance with the commission's rules.
(6) Each motor carrier described in subsection (1) of this section shall ensure
driver compliance with this section and with commission rules promulgated
pursuant to this section. Nothing in this subsection (6) makes a driver an employee
of the motor carrier.
(7) The commission shall, consistent with the requirements of this section,
promulgate rules concerning the employment of, contracting with, and retention of
an individual whose record is checked pursuant to this section, and the frequency
and circumstances requiring resubmission of fingerprints.
Source: L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 400, � 1,
effective August 10. L. 2013: (2) amended, (SB 13-192), ch. 129, p. 431, � 1, effective
April 19; (3)(c)(I) amended, (HB 13-1325), ch. 331, p. 1887, � 20, effective May 28. L.
2016: (1) amended, (HB 16-1097), ch. 186, p. 655, � 1, effective May 20. L. 2018: (1)
amended, (HB 18-1320), ch. 363, p. 2165, � 7, effective August 8. L. 2019: (1.5)
added, (HB 19-1166), ch. 125, p. 558, � 50, effective April 18; (1) and (2) amended, (SB
19-236), ch. 359, p. 3313, � 20, effective May 30. L. 2021: (1)(a) amended, (HB 21-1206), ch. 381, p. 2553, � 3, effective June 29. L. 2022: (1.5), IP(3), IP(3)(c), (4), and
(7) amended, (HB 22-1270), ch. 114, p. 533, � 54, effective April 21.