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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
CORRECTED INTRODUCED
LLS NO. 26-0055.03 Owen Hatch x2698 HOUSE BILL 26-1143
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
CONCERNING INFORMATION COLLECTED FOR A BACKGROUND CHECK101
BY ENTITIES THAT PROVIDE NON -EMPLOYMENT -BASED102
EDUCATIONAL OPPORTUNITIES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill prohibits an entity from requiring an individual to provide
a social security number for a background check for a
non-employment-based educational opportunity unless the entity also
accepts an individual taxpayer identification number in lieu of a social
security number, including in clinical educational experiences for
HOUSE SPONSORSHIP
Ricks and Joseph,
SENATE SPONSORSHIP
Weissman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
health-related academic programs, subject to certain exceptions.
The attorney general is authorized to bring a civil action to enforce
the provisions of the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado's prosperity depends on policies that ensure4
individuals can participate fully in education, training, volunteer service,5
and civic life while maintaining strong protections for vulnerable6
populations;7
(b) State and federal agencies, including the Colorado bureau of8
investigation and the federal bureau of investigation, conduct name-based9
and fingerprint-based background checks that do not require a social10
security number and are sufficient to identify criminal history and protect11
public safety;12
(c) Despite this, some public and private entities require a social13
security number for non-employment-based background checks,14
preventing otherwise qualified individuals from accessing15
non-employment-based educational opportunities, such as required16
clinical placements, internships, apprenticeships, volunteer opportunities,17
and other educational or training experiences;18
(d) These barriers disproportionately affect individuals who19
lawfully lack a social security number, delaying or preventing completion20
of educational programs and entry into high-demand professions without21
advancing public safety;22
(e) Allowing the use of an individual taxpayer identification23
number as an alternative identifier preserves the integrity of background24
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screening processes while expanding access to opportunity; and1
(f) Lifting these barriers still maintains existing criminal2
background screening standards and does not alter employment-related3
background check requirements.4
(2) Therefore, the general assembly declares that:5
(a) It is the public policy of the state that safety and not6
immigration status should determine access to educational and training7
opportunities; and8
(b) Removing unnecessary barriers to non-employment-based9
educational and training experiences strengthens Colorado's workforce,10
protects vulnerable populations, and advances the state's commitment to11
opportunity, dignity, and shared prosperity.12
SECTION 2. In Colorado Revised Statutes, add 8-2-128.5 as13
follows:14
8-2-128.5. Prohibitions of non-employer - requiring social15
security number - exceptions - definitions.16
(1) (a) A N ENTITY THAT REQUIRES AN APPLICANT TO PROVIDE A17
SOCIAL SECURITY NUMBER FOR A BACKGROUND CHECK AS A CONDITION TO18
PARTICIPATE IN OR OTHERWISE AVAIL THEMSELF OF A19
NON-EMPLOYMENT-BASED EDUCATIONAL OPPORTUNITY SHALL ALSO20
ACCEPT AN INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER IN LIEU OF A21
SOCIAL SECURITY NUMBER.22
(b) N ON-EMPLOYMENT-BASED EDUCATIONAL OPPORTUNITIES23
COVERED BY THIS SECTION INCLUDE, BUT ARE NOT LIMITED TO, AN UNPAID24
VOLUNTEER ROLE; UNPAID INTERNSHIP; UNPAID PRE-APPRENTICESHIP; AND25
UNPAID CLINICAL EXPERIENCE IN A HOSPITAL OR CLINIC , INCLUDING26
NON-EMPLOYMENT-BASED EDUCATIONAL OPPORTUNITIES REQUIRED FOR27
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GRADUATION OR LICENSURE IN A HEALTH-RELATED ACADEMIC PROGRAM.1
(c) THIS SECTION DOES NOT APPLY TO POSITIONS THAT CONSTITUTE2
EMPLOYMENT AS DESCRIBED IN SECTION 8-70-115.3
(2) N OTWITHSTANDING SUBSECTION (1) OF THIS SECTION , AN4
APPLICANT MAY BE REQUIRED TO DISCLOSE THEIR SOCIAL SECURITY5
NUMBER:6
(a) TO AN ENTITY REQUIRED TO COLLECT THE SOCIAL SECURITY7
NUMBER:8
(I) BY STATE OR FEDERAL LAW OR RULE;9
(II) BY A GOVERNMENTAL OR ACCREDITATION ORGANIZATION 'S10
MANDATORY PROGRAM OF LEGAL COMPLIANCE TO CHECK ANY11
GOVERNMENTAL BACKGROUND CHECK DATABASE;12
(III) TO COMPLY WITH REQUIREMENTS FOR A FEDERAL OR STATE13
GRANT; OR14
(IV) TO REIMBURSE AN APPLICANT FOR EXPENSES INCURRED IN15
THE ACTUAL PERFORMANCE OF THEIR DUTIES ONLY IF THE16
REIMBURSEMENT CANNOT BE PROCESSED WITH AN INDIVIDUAL TAXPAYER17
IDENTIFICATION NUMBER OR EMPLOYER IDENTIFICATION NUMBER IN18
ACCORDANCE WITH APPLICABLE FEDERAL OR STATE TAX LAW THAT19
REQUIRES USING THE SOCIAL SECURITY NUMBER; OR20
(b) I F THE APPLICANT IS APPLYING FOR A21
NON-EMPLOYMENT-BASED EDUCATIONAL OPPORTUNITY THAT REQUIRES22
A PERSON TO SIGN CHECKS OR ENGAGE IN OTHER TRANSACTIONS23
INVOLVING THE ENTITY 'S ASSETS OR ACCOUNTS AND THE FINANCIAL24
INSTITUTION HOLDING THOSE ASSETS OR ACCOUNTS DOES NOT ACCEPT AN25
INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER OR EMPLOYER26
IDENTIFICATION NUMBER IN PLACE OF A SOCIAL SECURITY NUMBER TO27
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VERIFY THE IDENTITY OF AUTHORIZED PERSONS.1
(3) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE2
REQUIRES, "ENTITY" MEANS:3
(a) A STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN4
SECTION 23-18-102 OR A LOCAL DISTRICT COLLEGE AUTHORIZED5
PURSUANT TO ARTICLE 71 OF TITLE 23; A NONPROFIT ORGANIZATION THAT6
IS EXEMPT FROM TAXATION UNDER SECTION 501 (c)(3) OF THE FEDERAL7
"INTERNAL REVENUE CODE OF 1986"; A VOLUNTEER ORGANIZATION; OR8
THE FOLLOWING ENTITIES AS LICENSED OR CERTIFIED AS DESCRIBED IN9
SECTION 25-1.5-103: A HOSPITAL, CLINIC, CLINICAL PARTNERSHIP, URGENT10
CARE CENTER , RETAIL HEALTH CLINIC , TELEMEDICINE SERVICE , OR11
CONCIERGE MEDICAL PROVIDER; AND12
(b) A SCHOOL THAT SERVES STUDENTS IN ANY OF GRADES13
KINDERGARTEN THROUGH TWELVE AND ENROLLS STUDENTS WHO SEEK A14
NON-EMPLOYMENT-BASED OPPORTUNITY AT THE SCHOOL.15
(4) THIS SECTION DOES NOT PROHIBIT AN ENTITY FROM COMPLYING16
WITH 8 U.S.C. SEC. 1621.17
(5) (a) A N ENTITY THAT DOES NOT ACCEPT AN INDIVIDUAL18
TAXPAYER IDENTIFICATION NUMBER IN VIOLATION OF THIS SECTION IS19
SUBJECT TO A CIVIL PENALTY OF TWO THOUSAND DOLLARS FOR THE FIRST20
VIOLATION AND FIVE THOUSAND DOLLARS FOR EACH SUBSEQUENT21
VIOLATION.22
(b) T HE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THIS23
SECTION.24
(c) A CIVIL PENALTY COLLECTED PURSUANT TO THIS SUBSECTION25
(5) MUST BE TRANSFERRED TO THE STATE TREASURER, WHO SHALL CREDIT26
IT TO THE IMMIGRATION LEGAL DEFENSE FUND ESTABLISHED PURSUANT TO27
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SECTION 8-3.8-101.1
(6) A N ENTITY THAT CONDUCTS A FINGERPRINT -BASED2
BACKGROUND CHECK OF AN APPLICANT FOR A NON-EMPLOYMENT-BASED3
EDUCATIONAL OPPORTUNITY SHALL COMPLY WITH THE REQUIREMENTS4
FOR EMPLOYERS DESCRIBED IN SECTION 6-1-1314.5
SECTION 3. In Colorado Revised Statutes, 24-31-101, amend6
(1)(v) and (1)(w); and add (1)(x) as follows:7
24-31-101. Powers and duties of attorney general.8
(1) The attorney general:9
(v) May expend money, manage staff, and perform other10
administrative functions essential for the operation of a district attorney's11
office when appointed by executive order of the governor; and12
(w) May conduct jail assessments in collaboration with the jail13
standards advisory committee, created pursuant to section 30-10-530,14
pursuant to section 24-31-118; AND15
(x) MAY BRING A CIVIL ACTION TO ENFORCE SECTION 8-2-128.5.16
SECTION 4. Applicability. This act applies to contracts entered17
into and background checks requested on or after the effective date of this18
act.19
SECTION 5. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
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