HB 5103

1	A bill to be entitled
2	An act implementing the 2009-2010 General Appropriations
3	Act; providing legislative intent; amending s. 394.908,
4	F.S.; requiring that funds appropriated through the
5	Community-Based Medicaid Administrative Claiming Program
6	be allocated proportionately to contributed provider
7	earnings; providing allocation requirements for specified
8	funds appropriated for mental health services; requiring
9	the Department of Children and Family Services to ensure
10	information is entered into the Florida Safe Families
11	Network; requiring coordination between the department and
12	the Office of the State Courts Administrator to provide
13	information relating to child welfare cases; requiring a
14	report to the Governor and Legislature; amending s.
15	287.057, F.S.; extending authorization of the Department
16	of Health to enter into an agreement with a private
17	contractor relating to a facility for the treatment of
18	patients with tuberculosis; amending s. 400.23, F.S.;
19	prohibiting sanctions against a nursing home relating to
20	failure to meet certain staffing ratios; amending s.
21	400.141, F.S.; prohibiting sanctions against a nursing
22	home relating to failure to impose a moratorium on new
23	admissions as long as the licensed nurse ratio is not
24	below a specified level; authorizing the Department of
25	Corrections and the Department of Juvenile Justice to make
26	certain expenditures to defray costs incurred by a
27	municipality or county as a result of opening or operating
28	a facility under authority of the respective department;
29	amending s. 216.262, F.S.; providing for additional
30	positions to operate additional prison bed capacity under
31	certain circumstances; authorizing the Department of Legal
32	Affairs to transfer certain funds to pay salaries and
33	benefits; amending s. 790.065, F.S.; extending date of
34	sunset of firearms purchase program; amending s. 112.24,
35	F.S.; providing conditions on the assignment of an
36	employee of a state agency without reimbursement from the
37	receiving agency; authorizing the Executive Office of the
38	Governor to transfer funds between departments for
39	purposes of aligning amounts paid for risk management
40	premiums and for purposes of aligning amounts paid for
41	human resource management services; amending s. 110.123,
42	F.S.; providing for the state's monthly contribution for
43	employees under the state group insurance program;
44	amending s. 11.13, F.S.; providing for reduction in
45	legislator salaries; amending s. 255.518, F.S.; revising
46	provisions relating to payment of obligations during the
47	construction of any facility financed by such obligations;
48	amending s. 570.20, F.S.; delaying the expiration of
49	provisions authorizing moneys in the General Inspection
50	Trust Fund to be appropriated for certain programs
51	operated by the Department of Agriculture and Consumer
52	Services; reenacting s. 215.32(2)(b), F.S., relating to
53	the source and use of certain trust funds in order to
54	implement the transfer of moneys in the General Revenue
55	Fund from trust funds in the 2009-2010 General
56	Appropriations Act; providing for future expiration of
57	various provisions; providing for reversion of statutory
58	text of certain provisions; providing for the effect of a
59	veto of one or more specific appropriations or proviso to
60	which implementing language refers; providing for the
61	continued operation of certain provisions notwithstanding
62	a future repeal or expiration provided by the act;
63	providing for severability; providing effective dates.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  It is the intent of the Legislature that the
68	implementing and administering provisions of this act apply to
69	the General Appropriations Act for the 2009-2010 fiscal year.
70	Section 2.  In order to implement Specific Appropriations
71	316 through 347 of the 2009-2010 General Appropriations Act,
72	subsection (3) of section 394.908, Florida Statutes, is amended
73	to read:
74	394.908  Substance abuse and mental health funding equity;
75	distribution of appropriations.--In recognition of the
76	historical inequity in the funding of substance abuse and mental
77	health services for the department's districts and regions and
78	to rectify this inequity and provide for equitable funding in
79	the future throughout the state, the following funding process
80	shall be used:
81	(3)(a)  Any additional funding beyond the 2005-2006 fiscal
82	year base appropriation for alcohol, drug abuse, and mental
83	health services shall be allocated to districts for substance
84	abuse and mental health services based on:
85	1.  Epidemiological estimates of disabilities that apply to
86	the respective target populations.
87	2.  A pro rata share distribution that ensures districts
88	below the statewide average funding level per person in each
89	target population of "persons in need" receive funding necessary
90	to achieve equity.
91	(b)  Notwithstanding paragraph (a) and for the 2008-2009
92	fiscal year only, funds appropriated for forensic mental health
93	treatment services shall be allocated to the areas of the state
94	having the greatest demand for services and treatment capacity.
95	This paragraph expires July 1, 2009.
96	(c)  Notwithstanding paragraph (a) and for the 2009-2010
97	2008-2009 fiscal year only, additional funds appropriated for
98	mental health services from funds available through the
99	Community-Based Medicaid Administrative Claiming Program shall
100	be allocated in proportion to contributed provider earnings
101	after administrative costs incurred by the department are
102	covered as provided in the 2008-2009 General Appropriations Act
103	and in proportion to contributed provider earnings. Where these
104	mental health funds are used in lieu of funds from the General
105	Revenue Fund, the allocation of funds shall be unchanged from
106	the allocation for those funds for the 2007-2008 fiscal year.
107	This paragraph expires July 1, 2010 2009.
108	Section 3.  In order to implement Specific Appropriations
109	279 of the 2009-2010 General Appropriations Act, the Department
110	of Children and Family Services shall ensure that all public and
111	private agencies and institutions participating in child welfare
112	cases enter information specified by rule of the department into
113	the Florida Safe Families Network in order to maintain the
114	accuracy and usefulness of the system. The department shall
115	coordinate with the Office of the State Courts Administrator for
116	the purpose of providing any judge or magistrate assigned to a
117	dependency court case with access to information in the Florida
118	Safe Families Network relating to a child welfare case which is
119	required to be filed with the court pursuant to chapter 39,
120	Florida Statutes. The department shall report to the Governor,
121	the President of the Senate, and the Speaker of the House of
122	Representatives by September 1, 2009, with respect to progress
123	on providing access to the Florida Safe Families Network as
124	provided in this section. This section expires July 1, 2010.
125	Section 4.  In order to implement Specific Appropriations
126	448, 450, 456, 458, and 459 of the 2009-2010 General
127	Appropriations Act, paragraph (b) of subsection (14) of section
128	287.057, Florida Statutes, is amended to read:
129	287.057  Procurement of commodities or contractual
130	services.--
131	(14)
132	(b)  The Department of Health shall enter into an
133	agreement, not to exceed 20 years, with a private contractor to
134	finance, design, and construct a hospital, of no more than 50
135	beds, for the treatment of patients with active tuberculosis and
136	to operate all aspects of daily operations within the facility.
137	The contractor may sponsor the issuance of tax-exempt
138	certificates of participation or other securities to finance the
139	project, and the state may enter into a lease-purchase agreement
140	for the facility. The department shall begin the implementation
141	of this initiative by July 1, 2008. This paragraph expires July
142	1, 2010 2009.
143	Section 5.  Paragraph (d) is added to subsection (3) of
144	section 400.23, Florida Statutes, to read:
145	400.23  Rules; evaluation and deficiencies; licensure
146	status.--
147	(3)
148	(d)  Notwithstanding any other provision of this subsection
149	and for the 2009-2010 fiscal year only, the agency may not
150	impose sanctions against a nursing home for failure to meet the
151	staffing ratios in paragraph (a), as long as the certified
152	nursing assistant ratio is not below 2.6 hours per resident per
153	day and the licensed nurse ratio is not below 1 hour per
154	resident per day. This paragraph expires July 1, 2010.
155	Section 6.  Paragraph (d) of subsection (15) of section
156	400.141, Florida Statutes, is amended to read:
157	400.141  Administration and management of nursing home
158	facilities.--Every licensed facility shall comply with all
159	applicable standards and rules of the agency and shall:
160	(15)  Submit semiannually to the agency, or more frequently
161	if requested by the agency, information regarding facility
162	staff-to-resident ratios, staff turnover, and staff stability,
163	including information regarding certified nursing assistants,
164	licensed nurses, the director of nursing, and the facility
165	administrator. For purposes of this reporting:
166	(d)1.  A nursing facility that has failed to comply with
167	state minimum-staffing requirements for 2 consecutive days is
168	prohibited from accepting new admissions until the facility has
169	achieved the minimum-staffing requirements for a period of 6
170	consecutive days. For the purposes of this paragraph, any person
171	who was a resident of the facility and was absent from the
172	facility for the purpose of receiving medical care at a separate
173	location or was on a leave of absence is not considered a new
174	admission. Failure to impose such an admissions moratorium
175	constitutes a class II deficiency.
176	2.  Notwithstanding the provisions of subparagraph 1. and
177	for the 2009-2010 fiscal year only, the agency may not impose
178	sanctions against a nursing home for failure to impose a
179	moratorium on new admissions under subparagraph 1., as long as
180	the licensed nurse ratio is not below 1 hour per resident per
181	day and the certified nursing assistant ratio is not below 2.6
182	hours per resident per day. This subparagraph expires July 1,
183	2010.
184
185	Nothing in this section shall limit the agency's ability to
186	impose a deficiency or take other actions if a facility does not
187	have enough staff to meet the residents' needs.
188
189	Facilities that have been awarded a Gold Seal under the program
190	established in s. 400.235 may develop a plan to provide
191	certified nursing assistant training as prescribed by federal
192	regulations and state rules and may apply to the agency for
193	approval of their program.
194	Section 7.  In order to fulfill legislative intent
195	regarding the use of funds contained in Specific Appropriations
196	617, 631, 644, and 1112 of the 2009-2010 General Appropriations
197	Act, the Department of Corrections and the Department of
198	Juvenile Justice may expend appropriated funds to assist in
199	defraying the costs of impacts that are incurred by a
200	municipality or county and associated with opening or operating
201	a facility under the authority of the respective department that
202	is located within that municipality or county. The amount that
203	is to be paid under this section for any facility may not exceed
204	1 percent of the facility construction cost, less building
205	impact fees imposed by the municipality or by the county if the
206	facility is located in the unincorporated portion of the county.
207	This section expires July 1, 2010.
208	Section 8.  In order to implement Specific Appropriations
209	607 through 706 and 738 through 773 of the 2009-2010 General
210	Appropriations Act, subsection (4) of section 216.262, Florida
211	Statutes, is amended to read:
212	216.262  Authorized positions.--
213	(4)  Notwithstanding the provisions of this chapter on
214	increasing the number of authorized positions, and for the 2009-
215	2010 2008-2009 fiscal year only, if the actual inmate population
216	of the Department of Corrections exceeds the inmate population
217	projections of the February 16, 2009 February 15, 2008, Criminal
218	Justice Estimating Conference by 1 percent for 2 consecutive
219	months or 2 percent for any month, the Executive Office of the
220	Governor, with the approval of the Legislative Budget
221	Commission, shall immediately notify the Criminal Justice
222	Estimating Conference, which shall convene as soon as possible
223	to revise the estimates. The Department of Corrections may then
224	submit a budget amendment requesting the establishment of
225	positions in excess of the number authorized by the Legislature
226	and additional appropriations from unallocated general revenue
227	sufficient to provide for essential staff, fixed capital
228	improvements, and other resources to provide classification,
229	security, food services, health services, and other variable
230	expenses within the institutions to accommodate the estimated
231	increase in the inmate population. All actions taken pursuant to
232	the authority granted in this subsection shall be subject to
233	review and approval by the Legislative Budget Commission. This
234	subsection expires July 1, 2010 2009.
235	Section 9.  In order to implement Specific Appropriations
236	1231, 1251, 1272, and 1282 of the 2009-2010 General
237	Appropriations Act, the Department of Legal Affairs is
238	authorized to transfer cash remaining after required
239	disbursements from Attorney General case number 16-2008-CA-01
240	3142CV-C from FLAIR account 41-74-2-601001-41100100-00-181076-00
241	to the Operating Trust Fund within the Department of Legal
242	Affairs to pay salaries and benefits. This section expires July
243	1, 2010.
244	Section 10.  In order to implement Specific Appropriation
245	1205 of the 2009-2010 General Appropriations Act, subsection
246	(14) of section 790.065, Florida Statutes, is amended to read:
247	790.065  Sale and delivery of firearms.--
248	(14)  This section is repealed effective October 1, 2010
249	2009.
250	Section 11.  In order to implement Specific Appropriations
251	for salaries and benefits in the 2009-2010 General
252	Appropriations Act, paragraph (b) of subsection (3) of section
253	112.24, Florida Statutes, is amended to read:
254	112.24  Intergovernmental interchange of public
255	employees.--To encourage economical and effective utilization of
256	public employees in this state, the temporary assignment of
257	employees among agencies of government, both state and local,
258	and including school districts and public institutions of higher
259	education is authorized under terms and conditions set forth in
260	this section. State agencies, municipalities, and political
261	subdivisions are authorized to enter into employee interchange
262	agreements with other state agencies, the Federal Government,
263	another state, a municipality, or a political subdivision
264	including a school district, or with a public institution of
265	higher education. State agencies are also authorized to enter
266	into employee interchange agreements with private institutions
267	of higher education and other nonprofit organizations under the
268	terms and conditions provided in this section. In addition, the
269	Governor or the Governor and Cabinet may enter into employee
270	interchange agreements with a state agency, the Federal
271	Government, another state, a municipality, or a political
272	subdivision including a school district, or with a public
273	institution of higher learning to fill, subject to the
274	requirements of chapter 20, appointive offices which are within
275	the executive branch of government and which are filled by
276	appointment by the Governor or the Governor and Cabinet. Under
277	no circumstances shall employee interchange agreements be
278	utilized for the purpose of assigning individuals to participate
279	in political campaigns. Duties and responsibilities of
280	interchange employees shall be limited to the mission and goals
281	of the agencies of government.
282	(3)  Salary, leave, travel and transportation, and
283	reimbursements for an employee of a sending party that is
284	participating in an interchange program shall be handled as
285	follows:
286	(b)1.  The assignment of an employee of a state agency
287	either on detail or on leave of absence may be made without
288	reimbursement by the receiving party for the travel and
289	transportation expenses to or from the place of the assignment
290	or for the pay and benefits, or a part thereof, of the employee
291	during the assignment.
292	2.  For the 2009-2010 2008-2009 fiscal year only, the
293	assignment of an employee of a state agency as provided in
294	subparagraph 1. may be made if recommended by the Governor or
295	Chief Justice, as appropriate, and approved by the chairs of the
296	Senate Policy and Steering Committee on Ways and Means and the
297	House Full Appropriations Council on General Government and
298	Health Care Senate Fiscal Policy and Calendar Committee and the
299	House Policy and Budget Council. Such actions shall be deemed
300	approved if neither chair provides written notice of objection
301	within 14 days after the chair's receiving notice of the action
302	pursuant to s. 216.177. This subparagraph expires July 1, 2010
303	2009.
304	Section 12.  In order to implement the appropriation of
305	funds in Special Categories-Risk Management Insurance of the
306	2009-2010 General Appropriations Act, and pursuant to the
307	notice, review, and objection procedures of s. 216.177, Florida
308	Statutes, the Executive Office of the Governor is authorized to
309	transfer funds appropriated in the appropriation category
310	"Special Categories-Risk Management Insurance" of the 2009-2010
311	General Appropriations Act between departments in order to align
312	the budget authority granted with the premiums paid by each
313	department for risk management insurance. This section expires
314	July 1, 2010.
315	Section 13.  In order to implement the appropriation of
316	funds in Special Categories-Transfer to Department of Management
317	Services-Human Resources Services Purchased Per Statewide
318	Contract of the 2009-2010 General Appropriations Act, and
319	pursuant to the notice, review, and objection procedures of s.
320	216.177, Florida Statutes, the Executive Office of the Governor
321	is authorized to transfer funds appropriated in the
322	appropriation category "Special Categories-Transfer to
323	Department of Management Services-Human Resources Services
324	Purchased Per Statewide Contract" of the 2009-2010 General
325	Appropriations Act between departments in order to align the
326	budget authority granted with the assessments that must be paid
327	by each agency to the Department of Management Services for
328	human resource management services. This section expires July 1,
329	2010.
330	Section 14.  In order to implement specific appropriations
331	for salaries and benefits in the 2009-2010 General
332	Appropriations Act, paragraph (a) of subsection (12) of section
333	110.123, Florida Statutes, is amended to read:
334	110.123  State group insurance program.--
335	(12)  HEALTH SAVINGS ACCOUNTS.--The department is
336	authorized to establish health savings accounts for full-time
337	and part-time state employees in association with a health
338	insurance plan option authorized by the Legislature and
339	conforming to the requirements and limitations of federal
340	provisions relating to the Medicare Prescription Drug,
341	Improvement, and Modernization Act of 2003.
342	(a)1.  A member participating in this health insurance plan
343	option shall be eligible to receive an employer contribution
344	into the employee's health savings account from the State
345	Employees Health Insurance Trust Fund in an amount to be
346	determined by the Legislature. A member is not eligible for an
347	employer contribution upon termination of employment. For the
348	2009-2010 2008-2009 fiscal year, the state's monthly
349	contribution for employees having individual coverage shall be
350	$41.66 and the monthly contribution for employees having family
351	coverage shall be $83.33.
352	2.  A member participating in this health insurance plan
353	option shall be eligible to deposit the member's own funds into
354	a health savings account.
355	Section 15.  Effective June 30, 2009, in order to implement
356	Specific Appropriations 2677 and 2678 of the 2009-2010 General
357	Appropriations Act, paragraph (c)is added to subsection (1) of
358	section 11.13, Florida Statutes, to read:
359	11.13  Compensation of members.--
360	(1)
361	(c)  Notwithstanding the provisions of paragraph (b) and
362	for the 2009-2010 fiscal year only, the authorized salaries of
363	members of the Legislature in effect on June 30, 2009, shall be
364	reduced by 5 percent. This paragraph expires July 1, 2010.
365	Section 16.  In order to implement Specific Appropriation
366	2741 of the 2009-2010 General Appropriations Act, paragraph (b)
367	of subsection (1) of section 255.518, Florida Statutes, as
368	amended by section 27 of chapter 2008-153, Laws of Florida, is
369	amended to read:
370	255.518  Obligations; purpose, terms, approval,
371	limitations.--
372	(1)
373	(b)  Payment of debt service charges and any reserves on
374	obligations during the construction of any facility financed by
375	such obligations shall be made from funds other than proceeds of
376	obligations.
377	Section 17.  The amendment to s. 255.518(1)(b), Florida
378	Statutes, by this act shall expire July 1, 2010, and the text of
379	that paragraph shall revert to that in existence on June 30,
380	2009, except that any amendments to such text enacted other than
381	by this act shall be preserved and continue to operate to the
382	extent that such amendments are not dependent upon the portions
383	of such text which expire pursuant to this section.
384	Section 18.  In order to implement Specific Appropriation
385	1294 through 1454 of the 2009-2010 General Appropriations Act,
386	section 570.20, Florida Statutes, is amended to read:
387	570.20  General Inspection Trust Fund.--
388	(1)  All donations and all inspection fees and other funds
389	authorized and received from whatever source in the enforcement
390	of the inspection laws administered by the department shall be
391	paid into the General Inspection Trust Fund of Florida, which is
392	created in the office of the Chief Financial Officer. All
393	expenses incurred in carrying out the provisions of the
394	inspection laws shall be paid from this fund as other funds are
395	paid from the State Treasury. A percentage of all revenue
396	deposited in this fund, including transfers from any subsidiary
397	accounts, shall be deposited in the General Revenue Fund
398	pursuant to chapter 215, except that funds collected for
399	marketing orders shall pay at the rate of 3 percent.
400	(2)  For the 2009-2010 2008-2009 fiscal year only and
401	notwithstanding any other provision of law to the contrary, in
402	addition to the spending authorized in subsection (1), moneys in
403	the General Inspection Trust Fund may be appropriated for
404	programs operated by the department which are related to the
405	programs authorized by this chapter. This subsection expires
406	July 1, 2010 2009.
407	Section 19.  In order to implement the transfer of moneys
408	to the General Revenue Fund from trust funds in the 2009-2010
409	General Appropriations Act, paragraph (b) of subsection (2) of
410	section 215.32, Florida Statutes, is reenacted to read:
411	215.32  State funds; segregation.--
412	(2)  The source and use of each of these funds shall be as
413	follows:
414	(b)1.  The trust funds shall consist of moneys received by
415	the state which under law or under trust agreement are
416	segregated for a purpose authorized by law. The state agency or
417	branch of state government receiving or collecting such moneys
418	shall be responsible for their proper expenditure as provided by
419	law. Upon the request of the state agency or branch of state
420	government responsible for the administration of the trust fund,
421	the Chief Financial Officer may establish accounts within the
422	trust fund at a level considered necessary for proper
423	accountability. Once an account is established within a trust
424	fund, the Chief Financial Officer may authorize payment from
425	that account only upon determining that there is sufficient cash
426	and releases at the level of the account.
427	2.  In addition to other trust funds created by law, to the
428	extent possible, each agency shall use the following trust funds
429	as described in this subparagraph for day-to-day operations:
430	a.  Operations or operating trust fund, for use as a
431	depository for funds to be used for program operations funded by
432	program revenues, with the exception of administrative
433	activities when the operations or operating trust fund is a
434	proprietary fund.
435	b.  Operations and maintenance trust fund, for use as a
436	depository for client services funded by third-party payors.
437	c.  Administrative trust fund, for use as a depository for
438	funds to be used for management activities that are departmental
439	in nature and funded by indirect cost earnings and assessments
440	against trust funds. Proprietary funds are excluded from the
441	requirement of using an administrative trust fund.
442	d.  Grants and donations trust fund, for use as a
443	depository for funds to be used for allowable grant or donor
444	agreement activities funded by restricted contractual revenue
445	from private and public nonfederal sources.
446	e.  Agency working capital trust fund, for use as a
447	depository for funds to be used pursuant to s. 216.272.
448	f.  Clearing funds trust fund, for use as a depository for
449	funds to account for collections pending distribution to lawful
450	recipients.
451	g.  Federal grant trust fund, for use as a depository for
452	funds to be used for allowable grant activities funded by
453	restricted program revenues from federal sources.
454
455	To the extent possible, each agency must adjust its internal
456	accounting to use existing trust funds consistent with the
457	requirements of this subparagraph. If an agency does not have
458	trust funds listed in this subparagraph and cannot make such
459	adjustment, the agency must recommend the creation of the
460	necessary trust funds to the Legislature no later than the next
461	scheduled review of the agency's trust funds pursuant to s.
462	215.3206.
463	3.  All such moneys are hereby appropriated to be expended
464	in accordance with the law or trust agreement under which they
465	were received, subject always to the provisions of chapter 216
466	relating to the appropriation of funds and to the applicable
467	laws relating to the deposit or expenditure of moneys in the
468	State Treasury.
469	4.a.  Notwithstanding any provision of law restricting the
470	use of trust funds to specific purposes, unappropriated cash
471	balances from selected trust funds may be authorized by the
472	Legislature for transfer to the Budget Stabilization Fund and
473	General Revenue Fund in the General Appropriations Act.
474	b.  This subparagraph does not apply to trust funds
475	required by federal programs or mandates; trust funds
476	established for bond covenants, indentures, or resolutions whose
477	revenues are legally pledged by the state or public body to meet
478	debt service or other financial requirements of any debt
479	obligations of the state or any public body; the State
480	Transportation Trust Fund; the trust fund containing the net
481	annual proceeds from the Florida Education Lotteries; the
482	Florida Retirement System Trust Fund; trust funds under the
483	management of the State Board of Education or the Board of
484	Governors of the State University System, where such trust funds
485	are for auxiliary enterprises, self-insurance, and contracts,
486	grants, and donations, as those terms are defined by general
487	law; trust funds that serve as clearing funds or accounts for
488	the Chief Financial Officer or state agencies; trust funds that
489	account for assets held by the state in a trustee capacity as an
490	agent or fiduciary for individuals, private organizations, or
491	other governmental units; and other trust funds authorized by
492	the State Constitution.
493	Section 20.  A section of this act that implements a
494	specific appropriation or specifically identified proviso
495	language in the 2009-2010 General Appropriations Act is void if
496	the specific appropriation or specifically identified proviso
497	language is vetoed. A section of this act that implements more
498	than one specific appropriation or more than one portion of
499	specifically identified proviso language in the 2009-2010
500	General Appropriations Act is void if all the specific
501	appropriations or portions of specifically identified proviso
502	language are vetoed.
503	Section 21.  If any other act passed in 2009 contains a
504	provision that is substantively the same as a provision in this
505	act, but that removes or is otherwise not subject to the future
506	repeal applied to such provision by this act, the Legislature
507	intends that the provision in the other act shall take
508	precedence and shall continue to operate, notwithstanding the
509	future repeal provided by this act.
510	Section 22.  If any provision of this act or its
511	application to any person or circumstance is held invalid, the
512	invalidity does not affect other provisions or applications of
513	the act which can be given effect without the invalid provision
514	or application, and to this end the provisions of this act are
515	severable.
516	Section 23.  Except as otherwise expressly provided in this
517	act and except for this section, which shall take effect upon
518	this act becoming a law, this act shall take effect July 1,
519	2009; or, if this act fails to become a law until after that
520	date, it shall take effect upon becoming a law and shall operate
521	retroactively to July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.