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I suspect that looking at the statutory language together with its legislative history almost guarantees that this issue will eventually be addressed by the judicial system, state and/or federal, unless it is first fixed by the legislature. A classic issue of statutory construction has been set up by the legislature -- most first year law students probably have just such a question on an early law exam.

In the conflicting opinions expressed here by commentators we see the essence of the typical law student's answers to the question. Certain commentators express their opinion as to which way it would go in the judicial system; others are outright certain that the answer is clear.

While I have absolutely no relationship with Law Shield, I can understand why a lawyer would avoid giving an "absolutely certain" opinion on a question like this when there is a chance, even a slim chance, that, if his opinion proves to be wrong, and someone relies on that opinion in governing his conduct, that person might suffer badly.

As it stands, waiting for the question to be decided "absolutely certain" by either the legislature or the judiciary, one might be wise to think about it, decide what his own opinion is, and, depending upon how certain he is of that opinion, govern his own conduct.

Jim

EDIT: I am sure you have noted that I do not express my opinion as to the ultimate issue, if in fact I have one, and I do not intend to. Take it up with your own lawyer if you wish, rely on advice rendered by someone on this forum, or rely on free advice by a lawyer on the internet if you wish. In any event, the decision about your own conduct is yours alone.