FORTY-THIRD LEGISLATURE            SB 651/a
                        FIRST SESSION, 1997
  
  
                                                   March 13, 1997
  
  Mr. President:
  
      Your JUDICIARY COMMITTEE, to whom has been referred
  
           SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
                       SENATE BILL 651
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
      1.  On page 1, line 24, after "includes" insert "direct care
  or".
  
      2.  On page 3, line 6, strike "and".
  
      3.  On page 3, line 11, strike the period and insert in lieu
  thereof "; and".
  
      4.  On page 3, between lines 11 and 12, insert the following
  new paragraph: 
  
               "(8)  "volunteer service" means the performance of
  work for a care provider by a person who is not financially
  compensated for that work and does not receive a stipend, and who
  assists the care provider by filling a position that would otherwise
  be held by an employee or independent contractor.".
  
      5.  On page 3, line 20, strike "sixty" and insert in lieu
  thereof "one hundred".
  
      6.  On page 4, line 8, strike "ninety" and insert in lieu
  thereof "one hundred eighty".
  
      7.  On page 4, line 11, strike "sixty" and insert in lieu
  thereof "one hundred".
  
      8.  On page 6, lines 17 through 22, strike Subsection F in its
  entirety and insert in lieu thereof:
  
          
  
  
          "F.  This section does not preclude a care facility or
  administrator or supervisory personnel from using other convictions
  or information revealed by criminal records checks as a basis for
  employment or personnel placement or other personnel decisions or
  actions, including termination of employment.".
  
      9.  On page 8, line 11, strike "and" and insert in lieu thereof
  "or".
  
      10.  On page 8, line 19, after the period insert the following:
  
  "Until January 1, 1998 a care provider shall not be subject to
  administrative sanctions or penalties for health facilities survey
  deficiencies or for continuing to employ a care giver for whom the
  provider has not received the results of criminal records checks
  during the one hundred day period of temporary employment provided
  for in Subsections B and C of this section.".
  
  
                               Respectfully submitted,
  
  
  
                               __________________________________
                               Fernando R. Macias, Chairman 
  
  
  
  Adopted_______________________   Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  7  For  0  Against
          Yes:    7
          No:     0
               Excused:     Sanchez
          Absent: None
  
  
  S0651JU1                                            .118577.2/a