CS/CS/HB 7209

1
A bill to be entitled
2An act relating to reorganization of the Public Service
3Commission; amending s. 350.001, F.S.; revising
4legislative intent; amending s. 350.031, F.S.; revising
5requirements for nomination by the Public Service
6Commission Nominating Council for appointment to the
7commission; requiring at least one commissioner to be a
8certified accountant practicing in the state; creating s.
9350.035, F.S.; prohibiting attempts by certain persons to
10sway the judgment of commissioners; providing for the
11Commission on Ethics to receive and investigate complaints
12of violations pursuant to specified procedures;
13prohibiting commissioners from requiring or demanding that
14certain commission staff pursue particular positions or
15courses of action; requiring the inspector general of the
16commission to investigate complaints of violations;
17amending s. 350.04, F.S.; providing requirements for
18nomination by the Public Service Commission Nominating
19Council for appointment to the commission; requiring
20commissioners to complete a course of study developed by
21the executive director and general counsel; requiring
22commissioners to complete continuing education; providing
23training requirements for commissioners and commission
24employees; requiring certifications of compliance to be
25provided to the Legislature; amending s. 350.041, F.S.;
26revising legislative intent; revising standards of conduct
27for commissioners; revising provisions for investigation
28and reports by the Commission on Ethics of alleged
29violations; authorizing commission employees to request
30opinions from the Commission on Ethics; amending s.
31350.042, F.S.; revising provisions for communications
32concerning agency action proceedings and proceedings under
33specified provisions; providing for application of such
34provisions to members of a commissioner's direct staff;
35revising restrictions on such communications by
36commissioners and their direct staff; defining the term
37"ex parte communication"; providing a civil penalty;
38amending s. 350.06, F.S.; revising provisions for the
39offices of the commission, payment of moneys, and
40employment of personnel; creating s. 350.122, F.S.;
41requiring persons testifying before the Public Service
42Commission to disclose certain financial and fiduciary
43relationships; providing that a determination by the
44commission that a violation occurred constitutes agency
45action for which a hearing may be sought; providing
46legislative intent to evaluate and study the structure and
47processes of the Public Service Commission; providing an
48effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Section 350.001, Florida Statutes, is amended
53to read:
54     350.001  Legislative intent.-
55     (1)  The Florida Public Service Commission has been and
56shall continue to be an arm of the legislative branch of
57government. In the exercise of its jurisdiction, the commission
58shall neither establish nor implement any regulatory policy that
59is contrary to, or is an expansion of, the authority granted to
60it by the Legislature.
61     (2)  The Public Service Commission shall perform its duties
62independently, impartially, professionally, honorably, and
63without undue influence from any person.
64     (3)  It is the desire of the Legislature that the Governor
65participate in the appointment process of commissioners to the
66Public Service Commission. The Legislature accordingly delegates
67to the Governor a limited authority with respect to the Public
68Service Commission by authorizing him or her to participate in
69the selection of members only in the manner prescribed by s.
70350.031.
71     Section 2.  Paragraphs (b) and (d) of subsection (1) and
72subsection (5) of section 350.031, Florida Statutes, are amended
73to read:
74     350.031  Florida Public Service Commission Nominating
75Council.-
76     (1)
77     (b)  All terms shall be for 4 years except those members of
78the House and Senate, who shall serve 2-year terms concurrent
79with the 2-year elected terms of House members. All terms of the
80members of the Public Service Commission Nominating Council
81existing on June 30, 2008, shall terminate upon the effective
82date of this act; however, such members may serve an additional
83term if reappointed by the Speaker of the House of
84Representatives or the President of the Senate. To establish
85staggered terms, appointments of members shall be made for
86initial terms to begin on July 1, 2008, with each appointing
87officer to appoint three legislator members, one of whom shall
88be a member of the minority party, to terms through the
89remainder of the 2-year elected terms of House members; one
90nonlegislator member to a 6-month term; one nonlegislator member
91to an 18-month term; and one nonlegislator member to a 42-month
92term. Thereafter, the terms of the nonlegislator members of the
93Public Service Commission Nominating Council shall begin on
94January 2 of the year the term commences and end 4 years later
95on January 1.
96     (d)  Vacancies on the council shall be filled for the
97unexpired portion of the term in the same manner as original
98appointments to the council. A member may not be reappointed to
99the council, except for a member of the House of Representatives
100or the Senate who may be appointed to two 2-year terms, members
101who are reappointed pursuant to paragraph (b), or a person who
102is appointed to fill the remaining portion of an unexpired term.
103     (5)  A person may not be nominated to the Governor for
104appointment to the Public Service Commission until the council
105has determined that the person satisfies the qualifications set
106forth in s. 350.04 is competent and knowledgeable in one or more
107fields, which shall include, but not be limited to: public
108affairs, law, economics, accounting, engineering, finance,
109natural resource conservation, energy, or another field
110substantially related to the duties and functions of the
111commission. The commission shall fairly represent the above-
112stated fields identified in s. 350.04(2); however, at least one
113commissioner shall be an accountant certified under the Public
114Accountancy Law in this state and practicing in this state.
115Recommendations of the council shall be nonpartisan.
116     Section 3.  Section 350.035, Florida Statutes, is created
117to read:
118     350.035  Prohibited influence on commissioners and
119commission staff.-
120     (1)(a)  Neither the Governor, the President of the Senate,
121the Speaker of the House of Representatives, nor a member of the
122Public Service Commission Nominating Council shall attempt to
123sway the independent judgment of the commission by bringing
124pressure to bear upon a commissioner or commission employee
125through that person's role in the nomination, appointment, or
126confirmation of commissioners.
127     (b)  The Commission on Ethics shall receive and investigate
128sworn complaints of violations of this subsection pursuant to
129ss. 112.322-112.3241.
130     (2)(a)  To ensure that each commissioner, as a member of a
131collegial body, is afforded the benefit of unbiased and
132independent analysis and advice from its professional and
133technical staff, an individual commissioner may not demand or
134require any member of the commission staff, other than the
135commissioner's direct staff, to develop, present, or pursue a
136particular opinion, position, or course of action in relation to
137any substantive matter pending before the commission or a panel
138of commissioners. This paragraph does not prohibit the
139commission, as a collegial body, from directing its staff to
140pursue a course of action consistent with direction provided by
141the collegial body. Further, this paragraph is not intended to
142prohibit an individual commissioner from any otherwise lawful
143communication with commission staff, including any expression of
144opinion, position, or concern regarding a matter within the
145jurisdiction of the commission. A violation of this subsection
146is an act of malfeasance for purposes of ss. 112.3187-112.31895.
147     (b)  The inspector general of the commission shall receive
148and investigate complaints of violations of this subsection.
149     Section 4.  Section 350.04, Florida Statutes, is amended to
150read:
151     350.04  Qualifications of commissioners; training and
152continuing education.-
153     (1)  A commissioner may not, at the time of appointment or
154during his or her term of office:
155     (a)(1)  Have any financial interest, other than ownership
156of shares in a mutual fund, in any business entity which, either
157directly or indirectly, owns or controls any public utility
158regulated by the commission, in any public utility regulated by
159the commission, or in any business entity which, either directly
160or indirectly, is an affiliate or subsidiary of any public
161utility regulated by the commission.
162     (b)(2)  Be employed by or engaged in any business activity
163with any business entity which, either directly or indirectly,
164owns or controls any public utility regulated by the commission,
165by any public utility regulated by the commission, or by any
166business entity which, either directly or indirectly, is an
167affiliate or subsidiary of any public utility regulated by the
168commission.
169     (2)  Each person recommended for appointment to the Public
170Service Commission by the Public Service Commission Nominating
171Council must:
172     (a)  Have earned at least a baccalaureate degree from an
173institution of higher learning accredited by a regional or
174national accrediting body; and
175     (b)  Possess a minimum of 10 years of professional
176experience, or a minimum of 6 years of professional experience
177if the person has earned an advanced degree, in one or more of
178the following:
179     1.  Energy or electric industry issues.
180     2.  Telecommunications issues.
181     3.  Water and sewer industry issues.
182     4.  Finance.
183     5.  Economics.
184     6.  Accounting.
185     7.  Engineering.
186     8.  Law.
187     (3)  Notwithstanding subsection (2), the council may
188recommend a person for appointment to the commission if it
189determines that the person has professional experience of a
190quality and duration substantial enough to prepare the person to
191perform the duties of a public service commissioner and
192functionally equivalent to the standards set forth in subsection
193(2). The nomination of a person under this subsection who would
194not otherwise qualify for nomination under subsection (2) shall
195require a two-thirds vote of the council and shall be
196accompanied by a written justification for the nomination.
197     (4)  Before voting on any matter before the commission,
198each person appointed to the commission after July 1, 2010,
199shall complete a comprehensive course of study, developed by the
200commission's executive director and general counsel in
201coordination with the National Association of Regulatory Utility
202Commissioners Subcommittee on Education and Research, that
203addresses the substantive matters within the jurisdiction of the
204commission, administrative law applicable to commission
205proceedings, and standards of conduct applicable to
206commissioners. Thereafter, each commissioner must annually
207complete no less than 10 hours of continuing professional
208education directly related to substantive matters within the
209jurisdiction of the commission.
210     (5)  No less than once every 12 months, each commissioner
211and commission employee shall receive training, in a form
212developed by the commission's executive director and general
213counsel, that addresses the ethical standards of conduct
214applicable to commissioners and the commission's staff.
215     (6)  The chair of the commission shall certify the
216commission's compliance with these requirements, and each
217commissioner shall certify his or her individual compliance with
218the continuing professional education requirements provided in
219subsection (4). Each certification of compliance shall be
220provided to the President of the Senate and the Speaker of the
221House of Representatives.
222     Section 5.  Section 350.041, Florida Statutes, is amended
223to read:
224     350.041  Commissioners; standards of conduct.-
225     (1)  STATEMENT OF INTENT.-
226     (a)  Professional, impartial, and honorable commissioners
227are indispensable to the effective performance of the
228commission's duties. A commissioner shall maintain high
229standards of conduct and shall personally observe those
230standards so that the integrity and impartiality of the
231commission may be preserved. The standards of conduct provided
232in this section should be construed and applied to further that
233objective.
234     (b)  In addition to the provisions of part III of chapter
235112, which are applicable to public service commissioners by
236virtue of their being public officers and full-time employees of
237the legislative branch of government, the conduct of public
238service commissioners shall be governed by the standards of
239conduct provided in this section. Nothing shall prohibit the
240standards of conduct from being more restrictive than part III
241of chapter 112. Further, this section shall not be construed to
242contravene the restrictions of part III of chapter 112. In the
243event of a conflict between this section and part III of chapter
244112, the more restrictive provision shall apply.
245     (2)  STANDARDS OF CONDUCT.-
246     (a)  A commissioner may not accept anything from any
247business entity which, either directly or indirectly, owns or
248controls any public utility regulated by the commission, from
249any public utility regulated by the commission, or from any
250business entity which, either directly or indirectly, is an
251affiliate or subsidiary of any public utility regulated by the
252commission. A commissioner may attend conferences and associated
253meals and events that are generally available to all conference
254participants without payment of any fees in addition to the
255conference fee. Additionally, while attending a conference, a
256commissioner may attend meetings, meals, or events that are not
257sponsored, in whole or in part, by any representative of any
258public utility regulated by the commission and that are limited
259to commissioners only, committee members, or speakers if the
260commissioner is a member of a committee of the association of
261regulatory agencies that organized the conference or is a
262speaker at the conference. It is not a violation of this
263paragraph for a commissioner to attend a conference for which
264conference participants who are employed by a utility regulated
265by the commission have paid a higher conference registration fee
266than the commissioner, or to attend a meal or event that is
267generally available to all conference participants without
268payment of any fees in addition to the conference fee and that
269is sponsored, in whole or in part, by a utility regulated by the
270commission. If, during the course of an investigation by the
271Commission on Ethics into an alleged violation of this
272paragraph, allegations are made as to the identity of the person
273giving or providing the prohibited gift, that person must be
274given notice and an opportunity to participate in the
275investigation and relevant proceedings to present a defense. If
276the Commission on Ethics determines that the person gave or
277provided a prohibited gift, the person may not appear before the
278commission or otherwise represent anyone before the commission
279for a period of 2 years.
280     (b)  A commissioner may not accept any form of employment
281with or engage in any business activity with any business entity
282which, either directly or indirectly, owns or controls any
283public utility regulated by the commission, any public utility
284regulated by the commission, or any business entity which,
285either directly or indirectly, is an affiliate or subsidiary of
286any public utility regulated by the commission.
287     (c)  A commissioner may not have any financial interest,
288other than shares in a mutual fund, in any public utility
289regulated by the commission, in any business entity which,
290either directly or indirectly, owns or controls any public
291utility regulated by the commission, or in any business entity
292which, either directly or indirectly, is an affiliate or
293subsidiary of any public utility regulated by the commission. If
294a commissioner acquires any financial interest prohibited by
295this section during his or her term of office as a result of
296events or actions beyond the commissioner's control, he or she
297shall immediately sell such financial interest or place such
298financial interest in a blind trust at a financial institution.
299A commissioner may not attempt to influence, or exercise any
300control over, decisions regarding the blind trust.
301     (d)  A commissioner may not accept anything from a party in
302a proceeding currently pending before the commission. If, during
303the course of an investigation by the Commission on Ethics into
304an alleged violation of this paragraph, allegations are made as
305to the identity of the person giving or providing the prohibited
306gift, that person must be given notice and an opportunity to
307participate in the investigation and relevant proceedings to
308present a defense. If the Commission on Ethics determines that
309the person gave or provided a prohibited gift, the person may
310not appear before the commission or otherwise represent anyone
311before the commission for a period of 2 years.
312     (e)  A commissioner may not serve as the representative of
313any political party or on any executive committee or other
314governing body of a political party; serve as an executive
315officer or employee of any political party, committee,
316organization, or association; receive remuneration for
317activities on behalf of any candidate for public office; engage
318on behalf of any candidate for public office in the solicitation
319of votes or other activities on behalf of such candidacy; or
320become a candidate for election to any public office without
321first resigning from office.
322     (f)  A commissioner, during his or her term of office, may
323not make any public comment regarding the merits of any
324proceeding under ss. 120.569 and 120.57 currently pending before
325the commission.
326     (g)  A commissioner may not conduct himself or herself in
327an unprofessional manner at any time during the performance of
328his or her official duties.
329     (h)  The chair shall require order and decorum in
330proceedings before the commission. In the absence of the chair,
331the commissioner presiding over a commission proceeding shall
332require order and decorum in the proceeding.
333     (i)  A commissioner shall be patient, dignified, and
334courteous to litigants, other commissioners, witnesses, lawyers,
335commission staff, and others with whom the commissioner deals in
336an official capacity.
337     (j)  A commissioner shall perform his or her official
338duties without bias or prejudice. A commissioner may not, in the
339performance of his or her official duties, by words or conduct
340manifest bias or prejudice.
341     (k)  A commissioner may not, with respect to parties or
342classes of parties, cases, controversies, or issues likely to
343come before the commission, make pledges, promises, or
344commitments that are inconsistent with the impartial performance
345of the commissioner's official duties.
346     (l)  A commissioner may not be swayed by partisan
347interests, public clamor, or fear of criticism.
348     (m)(h)  A commissioner must avoid impropriety in all of his
349or her activities and must act at all times in a manner that
350promotes public confidence in the integrity and impartiality of
351the commission.
352     (n)(i)  A commissioner may not directly or indirectly,
353through staff or other means, solicit anything of value from any
354public utility regulated by the commission, or from any business
355entity that, whether directly or indirectly, is an affiliate or
356subsidiary of any public utility regulated by the commission, or
357from any party appearing in a proceeding considered by the
358commission in the last 2 years.
359     (3)  INVESTIGATIONS; REPORTS; ADVISORY OPINIONS.-
360     (a)  The Commission on Ethics shall accept and investigate
361any alleged violations of this section pursuant to the
362procedures contained in ss. 112.322-112.3241.
363     (b)  The Commission on Ethics shall provide the Governor
364and the Florida Public Service Commission Nominating Council
365with a report of its findings and recommendations with respect
366to alleged violations by a public service commissioner. The
367Governor is authorized to enforce these the findings and
368recommendations of the Commission on Ethics, pursuant to part
369III of chapter 112.
370     (c)  A public service commissioner, a commission employee,
371or a member of the Florida Public Service Commission Nominating
372Council may request an advisory opinion from the Commission on
373Ethics, pursuant to s. 112.322(3)(a), regarding the standards of
374conduct or prohibitions set forth in this section and ss.
375350.031, 350.04, and 350.042.
376     Section 6.  Section 350.042, Florida Statutes, is amended
377to read:
378     350.042  Ex parte communications.-
379     (1)  Each A commissioner and member of a commissioner's
380direct staff shall should accord to every person who is a party
381to or is registered with the commission as an interested person
382in a proposed agency action proceeding, or who is a party to a
383proceeding under s. 120.565, s. 120.569, or s. 120.57 legally
384interested in a proceeding, or the person's lawyer, full right
385to be heard according to law, and, except as authorized by law,
386shall not neither initiate, solicit, or nor consider ex parte
387communications concerning a pending proposed agency action the
388merits, threat, or offer of reward in any proceeding or a
389proceeding under s. 120.565, s. 120.569, or s. 120.57 other than
390a proceeding under s. 120.54 or s. 120.565, workshops, or
391internal affairs meetings. No individual shall discuss ex parte
392with a commissioner or a member of a commissioner's direct staff
393the merits of any issue that he or she reasonably foresees knows
394will be filed with the commission within 90 days. The provisions
395of this subsection shall not apply to commission staff.
396     (a)  As used in this section, the term "ex parte
397communication" means any communication that:
398     1.  If it is a written or printed communication or a
399communication in electronic form, is not served on all parties
400to a proceeding; or
401     2.  If it is an oral communication, is made without
402adequate notice to the parties and without an opportunity for
403the parties to be present and heard.
404     (b)  Where circumstances require, ex parte communications
405concerning scheduling, administrative purposes, or emergencies
406that do not deal with substantive matters or issues on the
407merits are authorized, if:
408     1.  The commissioner or member of a commissioner's direct
409staff reasonably believes that no party will gain a procedural
410or tactical advantage as a result of the ex parte communication;
411and
412     2.  The commissioner or member of a commissioner's direct
413staff makes provision promptly to notify all parties of the
414substance of the ex parte communication and, where possible,
415allows an opportunity to respond.
416     (2)  The provisions of this section shall not prohibit an
417individual residential ratepayer from communicating with a
418commissioner or member of a commissioner's direct staff,
419provided that the ratepayer is representing only himself or
420herself, without compensation.
421     (3)  This section shall not apply to oral communications or
422discussions in scheduled and noticed open public meetings of
423educational programs or of a conference or other meeting of an
424association of regulatory agencies.
425     (4)  If a commissioner or member of a commissioner's direct
426staff knowingly receives an ex parte communication prohibited by
427this section relative to a proceeding other than as set forth in
428subsection (1), to which he or she is assigned, he or she must
429place on the record of the proceeding copies of all written
430communications received, all written responses to the
431communications, and a memorandum stating the substance of all
432oral communications received and all oral responses made, and
433shall give written notice to all parties to the communication
434that such matters have been placed on the record. Any party to
435the proceeding who desires to respond to the an ex parte
436communication may do so. The response must be received by the
437commission within 10 days after receiving notice that the ex
438parte communication has been placed on the record. The
439commissioner may, if he or she deems it necessary to eliminate
440the effect of an ex parte communication received by him or her,
441withdraw from the proceeding, in which case the chair shall
442substitute another commissioner for the proceeding.
443     (5)  Any individual who makes an ex parte communication
444prohibited by this section shall submit to the commission a
445written statement describing the nature of such communication,
446to include the name of the person making the communication, the
447name of each the commissioner or direct staff member of a
448commissioner commissioners receiving the communication, copies
449of all written communications made, all written responses to
450such communications, and a memorandum stating the substance of
451all oral communications received and all oral responses made.
452The commission shall place on the record of a proceeding all
453such communications.
454     (6)  Any commissioner or member of a commissioner's direct
455staff who knowingly fails to place on the record any ex parte
456communication prohibited by this section such communications, in
457violation of this the section, within 15 days after of the date
458of the such communication is subject to removal or dismissal and
459may be assessed a civil penalty not to exceed $5,000. Any
460individual who knowingly fails to comply with subsection (5) may
461be assessed a civil penalty not to exceed $5,000.
462     (7)(a)  It is shall be the duty of the Commission on Ethics
463to receive and investigate sworn complaints of violations of
464this section pursuant to the procedures contained in ss.
465112.322-112.3241.
466     (b)  If the Commission on Ethics finds that there has been
467a violation of this section by a public service commissioner or
468member of a commissioner's direct staff, it shall provide the
469Governor and the Florida Public Service Commission Nominating
470Council with a report of its findings and recommendations. The
471Governor is authorized to enforce the findings and
472recommendations of the Commission on Ethics, pursuant to part
473III of chapter 112.
474     (c)  If a commissioner, a member of a commissioner's direct
475staff, or other individual fails or refuses to pay the
476Commission on Ethics any civil penalties assessed pursuant to
477the provisions of this section, the Commission on Ethics may
478bring an action in any circuit court to enforce the such
479penalty.
480     (d)  If, during the course of an investigation by the
481Commission on Ethics into an alleged violation of this section,
482allegations are made as to the identity of the person who
483participated in the ex parte communication, that person must be
484given notice and an opportunity to participate in the
485investigation and relevant proceedings to present a defense. If
486the Commission on Ethics determines that the person participated
487in the ex parte communication, the person may not appear before
488the commission or otherwise represent anyone before the
489commission for a period of 2 years.
490     Section 7.  Subsections (1), (2), and (3) of section
491350.06, Florida Statutes, are amended to read:
492     350.06  Place of meeting; expenditures; employment of
493personnel; records availability and fees.-
494     (1)  The offices of the commission said commissioners shall
495be in the vicinity of Tallahassee, but the commissioners may
496hold sessions anywhere in the state at their discretion.
497     (2)  All sums of money authorized to be paid on account of
498the commission said commissioners shall be paid out of the State
499Treasury only on the order of the Chief Financial Officer.
500     (3)(a)  The commission shall commissioners may employ an
501executive director, a general counsel, and an inspector general
502clerical, technical, and professional personnel reasonably
503necessary for the performance of their duties and may also
504employ one or more persons capable of stenographic court
505reporting, to be known as the official reporters of the
506commission. Selection of the executive director shall be subject
507to confirmation by the Senate. Until such time as the Senate
508confirms the selection of the executive director, the individual
509selected shall perform the functions of the position. If the
510Senate refuses to confirm or fails to consider the selection
511during its next regular session, the commission shall, within 30
512days, select another individual for Senate confirmation. This
513process shall continue until the Senate has confirmed a
514selection. In case of a vacancy in the position of executive
515director, the commission shall select a new executive director
516in the same manner as the original selection.
517     (b)  Each commissioner may employ a chief advisor and an
518executive assistant to serve as the direct staff of the
519commissioner.
520     (c)  Notwithstanding any other provision of law, the
521executive director shall employ clerical, technical, and
522professional personnel reasonably necessary to assist the
523commission in the performance of its duties, and may employ one
524or more persons capable of stenographic court reporting, to be
525known as the official reporters of the commission. The executive
526director shall have sole authority with respect to employment,
527compensation, supervision, and direction of agency personnel
528other than those personnel employed by the commission and
529individual commissioners under paragraphs (a) and (b).
530     (d)  The general counsel shall, in consultation with the
531executive director, employ attorneys, paralegals, legal
532secretaries, and other personnel reasonably necessary to assist
533the commission in the performance of its duties.
534     Section 8.  Section 350.122, Florida Statutes, is created
535to read:
536     350.122  Testimony; public disclosure of affiliation.-
537     (1)  Each person offering testimony at a meeting, workshop,
538hearing, or other scheduled event of the commission shall
539disclose any financial or fiduciary relationship with any party
540to the proceedings at the time the testimony is provided to the
541commission.
542     (2)  The determination by the commission that a person has
543knowingly violated this section constitutes agency action for
544which a hearing may be sought under chapter 120.
545     Section 9.  Prior to the 2011 Regular Session, the
546Legislature intends to study and evaluate the structure and
547processes of the Public Service Commission and any related
548matters to determine whether the commission should be
549restructured in a manner that establishes the commission's
550primary role as an independent and impartial decisionmaking
551body, enhances due process for all persons involved in
552commission proceedings, ensures that a public interest position
553will be presented in commission proceedings, and allows
554commission staff to freely gather information necessary to
555advise the commission and advocate for the public interest,
556while ensuring that the staff is not used as a conduit for
557prohibited ex parte communications. In cooperation with the
558Legislature, the commission's staff shall, as requested, provide
559assistance and information relevant to this study.
560     Section 10.  This act shall take effect July 1, 2010.


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