(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, medicaid client transport, 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.
If an approved third party takes the individual's fingerprints, the fingerprints may beelectronically 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.
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 criminal history record check, as defined in section 22-2-119.3 (6)(d). The individual shall pay the costs associated with a name-based criminal history record check.
An individual whose fingerprints are checked in accordance with subsection (1) ofthis 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.
An individual whose criminal history record is checked pursuant to this section isdisqualified and prohibited from driving motor vehicles for the motor carrier described in subsection (1) of this section if the criminal history record check reflects that:
The individual is not of good moral character, as determined by the commissionbased on the results of the check;
(I) The individual has been convicted of a felony or misdemeanor involving moralturpitude.
(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 criminal history 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.
The commission shall consider the information resulting from the criminal historyrecord check in its determination as to whether the individual has met the standards set forth in section 24-5-101 (2), C.R.S.
An individual whose fingerprints were checked pursuant to subsection (1) of thissection 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.
Each motor carrier described in subsection (1) of this section shall ensure drivercompliance 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.
The commission shall, consistent with the requirements of this section, promulgaterules concerning the employment of, contracting with, and retention of an individual whose criminal history 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.