SSB 3149 (LSB 6348XC (3) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to the administration of adult and minor guardianships and conservatorships, and including effective date and retroactive applicability provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232D.103, Code 2020, is amended to read as follows:
   232D.103  Jurisdiction.
   The juvenile court has exclusive jurisdiction in a guardianship proceeding concerning a minor who is alleged to be in need of a guardianship, and guardianships of minors.
    Sec. 2.  Section 232D.105, subsection 1, Code 2020, is amended to read as follows:
   1.  A petition alleging that a minor is in need of a conservatorship is not subject to this chapter. Such proceedings shall be governed by chapter 633 and may be initiated pursuant to section 633.627 633.557.
    Sec. 3.  Section 232D.301, subsection 2, paragraph d, subparagraph (3), Code 2020, is amended to read as follows:
   (3)  Any adult who has had the primary care of the minor or with whom the minor has lived for at least six months prior to immediately preceding the filing of the petition.
    Sec. 4.  Section 232D.302, subsection 2, Code 2020, is amended to read as follows:
   2.  Notice shall be served upon the minor’s known parents listed in the petition in accordance with the rules of civil procedure. If a parent has not filed an affidavit consenting to the appointment of a guardian, the notice shall inform the minor’s known parents listed in the petition that the parents are entitled to representation if the parents meet the conditions of section 232D.304.
    Sec. 5.  Section 232D.401, subsection 3, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   An order by the court appointing a guardian for a minor shall state the powers granted to the guardian. Except as otherwise limited by court order, the court may grant the guardian the following powers, which may be exercised without prior court approval:
    Sec. 6.  Section 232D.501, subsection 1, paragraph a, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (2A)  The guardian’s plan, if any, for applying for and receiving funds and benefits payable for the support of the minor.
    Sec. 7.  Section 633.556, subsections 4, 5, and 8, Code 2020, are amended to read as follows:
   4.  The petition shall list the name and address of the petitioner and the petitioner’s relationship to the respondent. following:
   a.  The name and address of the respondent.
   b.  The petitioner and the petitioner’s relationship to the respondent.
   c.  The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.
   5.  The petition shall list the name and address, to the extent known, of the following:
   a.  The name and address of the proposed guardian and the reason the proposed guardian should be selected.
   b.  a.  Any spouse of the respondent.
   c.  b.  Any adult children of the respondent.
   d.  c.  Any parents of the respondent.
   e.  d.  Any adult, who has had the primary care of the respondent or with whom the respondent has lived for at least six months prior to immediately preceding the filing of the petition, or any institution or facility where the respondent has resided for at least six months prior to the filing of the petition.
   f.  e.  Any legal representative or representative payee of the respondent.
   g.  f.  Any person designated as an attorney in fact in a durable power of attorney for health care which is valid under chapter 144B, or any person designated as an agent in a durable power of attorney which is valid under chapter 633B.
   8.  The petition shall provide a brief description of the respondent’s alleged functional limitations that make the respondent unable to communicate or carry out important decisions concerning the respondent’s financial affairs.
    Sec. 8.  Section 633.558, subsection 3, Code 2020, is amended to read as follows:
   3.  Notice of the filing of a petition given to persons under subsections subsection 2 and 3 shall include a statement that such persons may register to receive notice of the hearing on the petition and other proceedings and the manner of such registration.
    Sec. 9.  Section 633.561, subsection 4, paragraphs c and f, Code 2020, are amended to read as follows:
   c.  Ensure that the respondent has been properly advised of the respondent’s rights in a guardianship or conservatorship proceeding.
   f.  Ensure that the guardianship or conservatorship procedures conform to the statutory and due process requirements of Iowa law.
    Sec. 10.  Section 633.561, subsection 5, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  Inform the respondent of the effects of the order entered for appointment of guardian or conservator.
   b.  Advise the respondent of the respondent’s rights to petition for modification or termination of the guardianship or conservatorship.
    Sec. 11.  Section 633.562, subsection 5, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  A recommendation regarding the appropriateness of a limited guardianship or conservatorship for the respondent, including whether less restrictive alternatives are available.
   b.  A statement of the qualifications of the guardian or conservator together with a statement of whether the respondent has expressed agreement with the appointment of the proposed guardian or conservator.
    Sec. 12.  Section 633.562, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  A court visitor shall be discharged from all further duties upon appointment of a guardian or conservator, unless further ordered by the court. The court may order a court visitor to continue to serve if the court determines continued service would be in the best interest of the protected person. If the court continues the service of the court visitor, the court may limit the direct duties of the court visitor as the court deems necessary. The court visitor shall thereafter continue to serve until discharged by the court. 
    Sec. 13.  Section 633.563, subsection 7, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   The results of the evaluation ordered by the court shall be made available to filed with the court and made available to the following:
    Sec. 14.  Section 633.569, subsections 1, 2, and 3, Code 2020, are amended to read as follows:
   1.  A person authorized to file a petition under section 633.552, 633.553, or 633.554 633.556 or 633.557 may file an application for the emergency appointment of a temporary guardian or conservator.
   2.  Such application shall state all of the following:
   a.  The name and address of the respondent.
   b.  The name and address of the petitioner.
   b.  c.  The name and address of the proposed guardian or conservator and the reason the proposed guardian or conservator should be selected.
   c.  d.  The reason the emergency appointment of a temporary guardian or conservator is sought.
   3.  The court may enter an ex parte order appointing a temporary guardian or conservator on an emergency basis under this section if the court finds that all of the following conditions are met:
   a.  There is not sufficient time to file a petition and hold a hearing pursuant to section 633.552, 633.553, or 633.554 

633.556 or 633.557.
   b.  The appointment of a temporary guardian or conservator is necessary to avoid immediate or irreparable harm to the respondent.
   c.  There is reason to believe that the basis for appointment of guardian or conservator exists under section 633.552, 633.553, or 633.554 633.556 or 633.557.
    Sec. 15.  Section 633.570, subsections 1 and 2, Code 2020, are amended to read as follows:
   1.  In a proceeding for the appointment of a guardian, the respondent shall be given written notice which advises the respondent of the powers that that the court may grant a guardian may exercise without court approval pursuant to the powers set out in section 633.635, subsection 2, and the powers that the guardian may exercise only with court approval pursuant to set out in section 633.635, subsection 3.
   2.  In a proceeding for the appointment of a conservator, the respondent shall be given written notice which advises the respondent of the powers that the court may grant a conservator may exercise without court approval pursuant to the powers set out in section 633.646 and the powers that the guardian may exercise only with court approval pursuant to section 633.647 

633.642.
    Sec. 16.  Section 633.635, subsection 2, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Based upon the evidence produced at the hearing, the court may grant a guardian the following powers and duties with respect to a protected person which may be exercised without prior court approval:
    Sec. 17.  Section 633.635, subsection 3, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   A Notwithstanding subsection 2, a guardian may be granted the following powers which may only be exercised upon court approval:
    Sec. 18.  Section 633.642, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Except as otherwise ordered by the court, and except for those powers relating to all fiduciaries as set out in sections 633.63 through 633.162 which may be exercised without approval of the court unless expressly modified by the court, a conservator must give notice to persons entitled to notice and receive specific prior authorization by the court before the conservator may take any other action on behalf of the protected person. These other powers Powers requiring court approval include but are not limited to the authority of the conservator to:
    Sec. 19.  Section 633.669, subsection 1, Code 2020, is amended to read as follows:
   1.  A guardian appointed by the court under this chapter shall file with the court the following written verified reports which shall not be waived by the court:
   a.  An initial care plan filed within sixty days of appointment. The information in the initial care plan shall include but not be limited to the following information:
   (01)  The age of the protected person, the reasons for the protected person’s guardianship, and the highest educational level attained by the protected person.
   (1)  The current residence of the protected person and the guardian’s plan for the protected person’s living arrangements.
   (2)  The current sources of payment for the protected person’s living expenses and other expenses, and the guardian’s plan for payment of the protected person’s living expenses and other expenses.
   (3)  The protected person’s health status and health care needs, and the guardian’s plan for meeting the protected person’s needs for medical, dental, and other health care needs.
   (3A)  A concise description of whether the protected person has a living will or health care power of attorney, if any.
   (4)  If applicable, the protected person’s need for other professional services for mental, behavioral, or emotional problems, or other problems, and the guardian’s plan for other professional services needed by the protected person.
   (5)  If applicable, a concise statement of the protected person’s employment status, the protected person’s need for educational, training, or vocational services, and the guardian’s plan for meeting the educational, training, and vocational needs of the protected person.
   (6)  If applicable, the guardian’s plan for facilitating the participation of the protected person in social activities.
   (7)  The guardian’s plan for facilitating contacts between the protected person and the protected person’s family members and other significant persons.
   (8)  The guardian’s plan for contact with, and activities on behalf of, the protected person.
   (9)  The powers that the guardian requests to carry out the initial care plan. 
   b.  An annual report, filed within sixty days of the close of the reporting period, unless the court otherwise orders on good cause shown. The information in the annual report shall include but not be limited to the following information:
   (1)  The current living arrangements of the protected person.
   (2)  The sources of payment for the protected person’s living expenses and other expenses.
   (3)  A description, if applicable, of the following:
   (a)  The protected person’s physical and mental health status and the medical, dental, and other professional health services provided to the protected person.
   (0b)  The protected person’s mental, behavioral, or emotional problems, or other problems, and the professional services provided the protected person for mental, behavioral, or emotional problems, or other problems.
   (b)  If applicable, the protected person’s employment status and the educational, training, and vocational services provided to the protected person.
   (0c)  The guardian’s facilitation of the participation of the protected person in social activities.
   (c)  The contact of the protected person with family members and other significant persons.
   (d)  The nature and extent of the guardian’s visits with, and activities on behalf of, the protected person.
   (04)  The guardian’s changes to the care plan for the protected person for the next annual reporting period.
   (004)  The powers that the guardian requests to carry out the care plan for the protected person for the next annual reporting period.
   (4)  The guardian’s recommendation as to the need for continuation of the guardianship.
   (5)  The ability of the guardian to continue as guardian.
   (6)  The need of the guardian for assistance in providing or arranging for the provision of the care and protection of the protected person.
   c.  A final report within thirty days of the termination of the guardianship under section 633.675 unless that time is extended by the court.
    Sec. 20.  Section 633.670, Code 2020, is amended to read as follows:
   633.670  Reports by conservators.
   1.  A conservator appointed by the court under this chapter shall file an with the court a written verified initial financial management plan for protecting, managing, investing, expending, and distributing the assets of the conservatorship estate within ninety days after appointment which shall not be waived by the court. The plan must be based on the needs of the protected person and take into account the best interest of the protected person as well as the protected person’s preference, values, and prior directions to the extent known to, or reasonably ascertainable by, the conservator.
   a.  The initial plan shall include all of the following: The initial financial management plan shall state the protected person’s age, residence, living arrangements, and sources of payment for living expenses.
   (1)  A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the protected person.
   (2)  A statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
   (3)  If ordered by the court, any step the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
   (4)  An estimate of the duration of the conservatorship.
   b.  If applicable, the protected person’s will shall be attached to the plan or filed with the court and the protected person’s prepaid burial trust and powers of attorney shall be described.
   c.  The conservator shall include a proposed budget for the protected person and budget-related information for the next annual reporting period including all of the following:
   (1)  The protected person’s receipts and income and the projected sources of income including, if applicable, wages, social security income, pension and retirement plan distribution, veterans’ benefits, rental income, interest earnings, and dividends, and the total estimated receipts and income.
   (2)  The protected person’s liabilities and debts including, if applicable, mortgage, car loans, credit card debt, federal, state, and property taxes owed and the total estimated liabilities and debts; a list and concise explanation of any liability or debt owed by the protected person to the conservator; a list and concise explanation of the liability of any other person for a liability of the protected person.
   (3)  The protected person’s estimated expenses on a monthly and annual basis including, if applicable, nursing home or facility charge, real property expenses for residence, food and household expenses, utilities, household help and caregiver expenses, health services and health insurance expenses, educational and vocational expenses, personal auto and other transportation expenses, clothing expenses, personal allowance and other personal expenses, liabilities and debts, attorney fees and other professional expenses, conservator fees, and other administrative expenses.
   d.  The conservator shall include a list of the protected person’s assets and the conservator’s plan for management of these assets including, if applicable, financial accounts including checking and certificates of deposit and cash, investments including stocks, bonds, mutual funds, exchange-traded funds, individual retirement accounts and other investment accounts, pension, profit-sharing, annuities, and retirement fund, personal property including household goods and vehicles, receivables including mortgages and liens payable to the protected person’s estate or trust, life insurance, and other property.
   e.  The conservator shall include a statement as to how the conservator will involve the protected person in decisions about management of the conservatorship estate.
   f.  If ordered by the court, the conservator shall include any action the conservator plans to take to develop or restore the ability of the protected person to manage the conservatorship estate.
   g.  The conservator shall include the authority that the guardian requests to carry out the initial financial plan including expenditures in accordance with the proposed budget for the protected person and the plan for the management of the assets of the protected person for the next annual reporting period.
   b.  h.  Within two days after filing the initial plan, the conservator shall give notice of the filing of the initial plan with a copy of the plan to the protected person, the protected person’s attorney, if any, and court advisor visitor, if any, and others as directed by the court. The notice must state that any person entitled to a copy of the plan must file any objections to the plan not later than fifteen days after it is filed.
   c.  i.  At least twenty days after the plan has been filed, the court shall review and determine whether the plan should be approved or revised, after considering objections filed and whether the plan is consistent with the conservator’s powers and duties.
   d.  j.  After approval by the court, the conservator shall provide a copy of the approved plan and order approving the plan to the protected person, the protected person’s attorney, if any, and court advisor visitor, if any, and others as directed by the court.
   e.  k.  The conservator shall file an amended plan when there has been a significant change in circumstances or the conservator seeks to deviate significantly from the plan. Before the amended plan is implemented, the provisions for court approval of the plan shall be followed as provided in paragraphs “b”, “c”, and “d” “h”, “i”, and “j”.
   2.  A conservator shall file an inventory of the protected person’s assets within ninety days after appointment which includes an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. Copies After approval by the court, the conservator shall provide a copy of the inventory shall be provided to the protected person, the protected person’s attorney, if any, and court advisor visitor, if any, and others as directed by the court. When the conservator receives additional property of the protected person, or becomes aware of its existence, a description of the property shall be included in the conservator’s next annual report.
   3.  A conservator shall file a written and verified report on an annual basis for the period since the end of the preceding report period. The court which shall not waive these reports be waived by the court.
   a.  These reports shall include all of the following: The annual report shall state the age, the residence and the living arrangements of the protected person, and sources of payment for the protected person’s living expenses during the reporting period.
   (1)  Balance of funds on hand at the beginning and end of the period.
   (2)  Disbursements made.
   (3)  Changes in the conservator’s plan.
   (4)  List of assets as of the end of the period.
   (5)  Bond amount and surety’s name.
   (6)  Residence and physical location of the protected person.
   (7)  General physical and mental condition of the protected person.
   (8)  Other information reflecting the condition of the conservatorship estate.
   b.  These reports shall be filed: The conservator shall submit with the annual report an inventory of the assets of the protected person as of the last day of the reporting period including the total value of assets at the beginning and end of the reporting period.
   (1)  On an annual basis within sixty days of the end of the reporting period unless the court orders an extension for good cause shown in accordance with the rules of probate procedure.
   c.  The annual report shall include an itemization of all income or funds received and all expenditures made by the conservator on behalf of the protected person. If any of the expenditures were made to provide support for or pay the debts of another person, the annual report shall include an explanation of these expenditures. If any of the expenditures were made to pay any liability or debt owed by the protected person to the conservator, the annual report shall include an explanation of these expenditures. If any of the expenditures were made to pay any liability or debt that is also owed by another person or entity, the annual report shall include an explanation of these expenditures.
   d.  The annual report shall include the following budget and information related to the budget for the protected person:
   (1)  A description of changes, if any, made in the budget approved by the court for the preceding reporting period.
   (2)  A proposed budget and budget-related information for the next reporting period containing the information set forth in subsection 1, paragraph “c”.
   (3)  A request for approval of the proposed budget and authority to make expenditures in accordance with the proposed budget.
   e.  The annual report shall include the following information related to the management of the assets of the protected person:
   (1)  A description of changes, if any, in the plan for management of the assets of the protected person approved by the court for the preceding reporting period.
   (2)  A proposed plan for management of the assets of the protected person for the next reporting period.
   (3)  A request for approval of the proposed plan for management of the assets of the protected person and the authority to carry out the plan.
   f.  The annual report shall describe, if applicable, how the protected person was involved and will be involved in decisions about management of assets.
   g.  The annual report shall describe, if ordered by the court, the actions that have been taken and that will be taken by the conservator to develop or restore the ability of the protected person to manage the conservatorship’s assets.
   h.  The conservator may request court approval of fees provided by an attorney on behalf of the conservatorship or the protected person during the preceding reporting period.
   i.  The conservator may request court approval of fees provided the conservator on behalf of the conservatorship or the protected person during the preceding reporting period.
   4.  The conservator shall file a written verified final report with the court as follows:
   (2)  a.  Within thirty days following removal of the conservator.
   (3)  b.  Upon the conservator’s filing of a resignation and before the resignation is accepted by the court.
   (4)  c.  Within sixty days following the termination of the conservatorship.
   (5)  d.  At other times as ordered by the court.
   c.  5.  Reports required by this section shall be served on the protected person, the protected person’s attorney and court advisor, if any, and the veterans administration if the protected person is receiving veterans benefits.
    Sec. 21.  Section 633.675, subsections 2, 3, and 4, Code 2020, are amended to read as follows:
   2.  The court shall terminate a guardianship for an adult if it finds by clear and convincing evidence that the basis for appointing a guardian pursuant to section 633.552 is not satisfied.
   3.  The court shall terminate a conservatorship for an adult if the court finds by clear and convincing evidence that the basis for appointing a conservator pursuant to section 633.553 or 633.554 is not satisfied.
   4.  The standard of proof and the burden of proof to be applied in a termination proceeding to terminate a guardianship or conservatorship for an adult shall be the same as set forth in section 633.551, subsection 2.
    Sec. 22.  REPORTS AND POWERS OF GUARDIANS AND CONSERVATORS —— TRANSITION PROVISIONS.
   1.  Minor guardianships.  Notwithstanding the provisions of section 232D.501, subsection 1, paragraph “a”, designating a verified initial care plan be filed by the guardian within sixty days of appointment, for all minor guardianship cases wherein the guardianship was established and the guardian was appointed prior to January 1, 2020, the initial care plan required by section 232D.501, subsection 1, paragraph “a”, shall be filed with the previously scheduled annual report. The annual report must comply with the requirements set forth in section 232D.501, subsection 1, paragraph “a”. Guardians appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the guardian’s previously scheduled annual report.
   2.  Adult guardianships.  Notwithstanding the provisions of section 633.669, subsection 1, paragraph “a”, designating an initial care plan be filed by the guardian within sixty days of appointment, for all adult guardianship cases wherein the guardianship was established and the guardian was appointed prior to January 1, 2020, the initial care plan required by section 633.669, subsection 1, paragraph “a”, shall be filed with the previously scheduled annual report. The annual report must comply with the requirements set forth in section 633.669, subsection 1, paragraph “a”. Guardians appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the guardian’s previously scheduled annual report.
   3.  Conservatorships.  Notwithstanding the provisions of section 633.670, subsection 1, paragraph “a”, and section 633.670, subsection 2, designating an initial plan and inventory be filed within ninety days of appointment, for all conservatorship cases wherein the conservatorship was established and the conservator was appointed prior to January 1, 2020, the initial plan required by section 633.670, subsection 1, paragraph “a”, and inventory required by section 633.670, subsection 2, shall be filed with the previously scheduled annual report. The annual report must comply with the requirements set forth in section 633.670, subsection 3, paragraph “a”. Conservators appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the conservator’s previously scheduled annual report.
    Sec. 23.  EFFECTIVE DATE.  The following, being deemed of immediate importance, takes effect upon enactment:
   The section of this Act relating to transition provisions for reports and powers of guardians and conservators.
    Sec. 24.  RETROACTIVE APPLICABILITY.  The following applies retroactively to January 1, 2020: 
   The section of this Act relating to transition provisions for reports and powers of guardians and conservators.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the administration of adult and minor guardianships and conservatorships, and includes effective date and retroactive applicability provisions.
   Under current law, the juvenile court has exclusive jurisdiction of guardianship proceedings. The bill provides that the juvenile court also has exclusive jurisdiction over guardianships of minors. 
   The bill changes a Code reference for a petition to appoint a conservator for a minor.
   The bill provides that notice of a guardianship proceeding must be given to any adult with whom the minor has lived for the six months immediately preceding the filing of the petition.
   The bill further provides that if a minor’s known parents have not consented to the appointment of a guardian, the notice of the filing of a guardianship petition shall inform the known parents that they are entitled to representation if they meet the conditions in Code section 232D.304.
   The bill strikes a reference to “without prior court approval” in a Code section listing powers a court may grant to a guardian.
   The bill also directs that the initial verified care plan must include the guardian’s plan for applying and receiving funds and benefits for the support of the minor. 
   The bill amends current law to provide that Code sections apply to both guardianships and conservatorships of adults.
   The bill provides that a court visitor will be discharged upon the appointment of a guardian or conservator unless ordered by the court to continue. 
   The bill specifies that a court-ordered professional evaluation conducted at or before a hearing on a petition for the appointment of a guardian or conservator must be filed with the court. 
   The bill amends language concerning powers which a guardian or conservator may be granted that can be exercised without further court approval. The bill also amends powers of a conservator which require further court approval before being exercised. 
   The bill amends the information required to be contained in a guardian’s written verified reports including the initial care plan and annual reports, and information required to be included in reports by conservators including the initial financial management plan, the annual report, and the final report. 
   2019 Iowa Acts, chapters 56 and 57, amended the laws regarding guardianships and conservatorships, including requirements relating to required reports. 
   The bill provides that for all guardianship cases wherein the guardianship was established and the guardian was appointed prior to January 1, 2020, the initial care plan for minors and for adults shall be filed with the previously scheduled annual report and not within 60 days of the initial appointment as specified by 2019 Iowa Acts, chapters 56 and 57, respectively. The annual report must comply with Code requirements and guardians appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the guardian’s previously scheduled annual report. This provision of the bill takes effect upon enactment and is retroactively applicable to January 1, 2020.
   The bill provides that for all conservatorship cases wherein the conservatorship was established and the conservator was appointed prior to January 1, 2020, the initial plan and inventory shall be filed with the previously scheduled annual report, and not within 90 days of appointment as specified by 2019 Iowa Acts, chapter 57. The annual report must comply with Code requirements and conservators appointed prior to January 1, 2020, have continuing authority to perform acts concerning the protected person that were authorized prior to January 1, 2020, through the date of the conservator’s previously scheduled annual report. This provision of the bill takes effect upon enactment and is retroactively applicable to January 1, 2020.