State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 March 10, 1997 Mr. Speaker: Your EDUCATION COMMITTEE, to whom has been referred HOUSE BILL 873 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 1, line 12, strike "AN APPROPRIATION" and insert in lieu thereof "APPROPRIATIONS". 2. On page 1, line 21, after "drivers" insert ", their assistants". 3. On page 1, line 21, strike the second occurrence of "bus". 4. On page 1, line 22, strike "and their assistants". 5. On page 2, line 20, strike "a" and insert in lieu thereof "two". 6. On page 2, line 20, strike "card" and insert in lieu thereof "cards". 7. On page 3, lines 10 and 11, strike "rape, statutory rape, child abuse or child sexual abuse" and insert in lieu thereof "criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, abuse of a child pursuant to Subsection C of Section 30-6-1 NMSA 1978 and sexual contact of a minor pursuant to Section 30-9-13 NMSA 1978". 8. On page 3, line 13, strike "will" and insert in lieu thereof "shall". 9. On page 4, lines 11 and 12, strike "rape, statutory rape, child abuse or child sexual abuse" and insert in lieu thereof "criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, abuse of a child pursuant to Subsection C of Section 30-6-1 NMSA 1978 and sexual contact of a minor pursuant to Section 30-9-13 NMSA 1978". 10. On page 4, line 14, strike "is not" and insert in lieu thereof "shall not be". 11. On page 4, lines 17 and 18, strike "every four years from the first time he underwent the background check" and insert in lieu thereof "on the effective date of the Educator Background Check Act at the time his employment contract is renewed. A certified employee shall submit to subsequent background checks each time his certificate is renewed and a noncertified employee shall submit to a subsequent background check at least every nine years and no more often than six years as determined by each local school board.". 12. On page 5, line 6, after "district" insert "or prior to the final determination by the state board to deny, suspend or revoke certification". 13. On page 5, after line 25, insert the following section: "Section 7. REPORTING REQUIREMENT.-- A. A certified school administrator shall report to the department of education known criminal convictions of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, abuse of a child pursuant to Subsection C of Section 30-6-1 NMSA 1978 or sexual contact of a minor pursuant to Section 30-9-13 NMSA 1978 of an employee or applicant. B. The state board may suspend or revoke a certificate held by a certified school administrator who fails to report a known criminal conviction of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, abuse of a child pursuant to Subsection C of Section 30-6-1 NMSA 1978 or sexual contact of a minor pursuant to Section 30-9-13 NMSA 1978 of an employee or applicant. C. A certified school administrator who makes a good faith report of a known criminal conviction of criminal sexual penetration pursuant to Section 30-9-11 NMSA 1978, abuse of a child pursuant to Subsection C of Section 30-6-1 NMSA 1978 or sexual contact of a minor pursuant to Section 30-9-13 NMSA 1978 of an employee or applicant shall not be held liable for civil damages as a result of the report.". 14. Renumber the succeeding sections accordingly. 15. On page 6, lines 5 and 6, strike "One hundred thousand dollars ($100,000)" and insert in lieu thereof "Sixty thousand dollars ($60,000)". 16. On page 6, line 10, after "shall" insert "not". 17. On page 6, between lines 10 and 11, insert the following section: "Section 9. APPROPRIATION.--Sixty thousand dollars ($60,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal year 1998 for the purpose of implementing the educator background check program. Any unexpended or unencumbered balance remaining at the end of fiscal year 1998 shall revert to the general fund.". 18. Renumber the succeeding section accordingly., and thence referred to the APPROPRIATIONS AND FINANCE COMMITTEE. Respectfully submitted, Samuel F. Vigil, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 7 For 3 Against Yes: 7 No: Beam, Trujillo, S.M. Williams Excused: Nicely, Weeks, W.C. Williams Absent: None .118086.2 G:\BILLTEXT\AMEND_97\H0873EC1