(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.
Each applicant, county employee, county contractor, or other individual who has ormay have access to federal tax information subject to an agreement authorized under subsection (1) of this section shall submit a complete set of his or her 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 criminal history record check, as defined in section 22-2119.3 (6)(d), for an applicant, county employee, county contractor, or other individual who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable or when the results of a fingerprint-based criminal history record check of a person performed pursuant to this section reveal a record of arrest without a disposition.
The county department shall use the information resulting from the fingerprint-basedor name-based criminal history 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 criminal history record check required in accordance with this section.
The county department shall pay the costs associated with fingerprint-based criminalhistory record checks to the Colorado bureau of investigation and pay the costs associated with a name-based criminal history 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.