Bill Text: IA SSB1036 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act modifying provisions relating to the office of consumer advocate, including by establishing the consumer advocate governing board.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-01-23 - Subcommittee: Dawson, Bolkcom and Chapman. [SSB1036 Detail]
Download: Iowa-2019-SSB1036-Introduced.html
Senate
Study
Bill
1036
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
CHAPMAN)
A
BILL
FOR
An
Act
modifying
provisions
relating
to
the
office
of
consumer
1
advocate,
including
by
establishing
the
consumer
advocate
2
governing
board.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
475A.1,
subsection
4,
Code
2019,
is
1
amended
to
read
as
follows:
2
4.
Political
activity
prohibited.
The
consumer
advocate
and
3
employees
of
the
consumer
advocate
shall
devote
the
advocate’s
4
their
entire
time
to
the
duties
of
the
office.
During
the
5
advocate’s
term
of
appointment
or
employment
with
the
office
6
of
consumer
advocate,
the
consumer
advocate
and
employees
7
of
the
consumer
advocate
shall
not
be
a
member
members
of
a
8
any
political
committee
,
or
contribute
to
a
any
political
9
campaign
fund
other
than
through
the
income
tax
checkoff
for
10
contributions
to
the
presidential
election
campaign
fund
,
or
11
take
part
in
political
campaigns
,
or
be
a
candidate
candidates
12
for
a
political
office.
13
Sec.
2.
Section
475A.2,
Code
2019,
is
amended
to
read
as
14
follows:
15
475A.2
Duties.
16
The
consumer
advocate
,
under
the
direction
of
the
consumer
17
advocate
governing
board,
shall:
18
1.
Investigate
the
legality
of
all
rates,
charges,
19
rules,
regulations,
and
practices
of
all
persons
under
the
20
jurisdiction
of
the
utilities
board,
and
institute
civil
21
proceedings
before
the
board
or
any
court
to
correct
any
22
illegality
on
the
part
of
any
such
person.
In
any
such
23
investigation
and
subject
to
the
approval
of
the
governing
24
board
,
the
person
acting
for
the
office
of
the
consumer
25
advocate
shall
have
the
power
to
ask
the
utilities
board
26
to
issue
subpoenas,
compel
the
attendance
and
testimony
of
27
witnesses,
and
the
production
of
papers,
books,
and
documents,
28
at
the
discretion
of
the
utilities
board.
29
2.
Act
as
attorney
for
and
represent
all
consumers
generally
30
and
the
public
generally
in
all
proceedings
before
the
31
utilities
board.
32
3.
Institute
as
a
party
judicial
review
of
any
decision
of
33
the
utilities
board,
if
the
consumer
advocate
governing
board
34
deems
judicial
review
to
be
in
the
public
interest.
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4.
Appear
for
all
consumers
generally
and
the
public
1
generally
in
all
actions
instituted
in
any
state
or
federal
2
court
which
involve
the
validity
of
a
rule,
regulation,
or
3
order
of
the
utilities
board.
4
5.
Act
as
attorney
for
and
represent
all
consumers
generally
5
and
the
public
generally
in
proceedings
before
federal
and
6
state
agencies
and
related
judicial
review
proceedings
and
7
appeals,
at
the
discretion
of
the
consumer
advocate
governing
8
board
.
9
6.
Appear
and
participate
as
a
party
in
the
name
of
the
10
office
of
consumer
advocate
in
the
performance
of
the
duties
11
of
the
office.
12
Sec.
3.
Section
475A.3,
subsection
3,
Code
2019,
is
amended
13
to
read
as
follows:
14
3.
Salaries,
expenses,
and
appropriation.
The
salary
15
of
the
consumer
advocate
shall
be
fixed
by
the
attorney
16
general
governing
board
within
the
salary
range
set
by
the
17
general
assembly.
The
salaries
of
employees
of
the
consumer
18
advocate
shall
be
fixed
by
the
governing
board
at
rates
of
19
compensation
consistent
with
current
standards
in
industry.
20
The
reimbursement
of
expenses
for
the
employees
and
the
21
consumer
advocate
is
as
provided
by
law.
The
appropriation
for
22
the
office
of
consumer
advocate
shall
be
a
separate
line
item
23
contained
in
the
appropriation
from
the
department
of
commerce
24
revolving
fund
created
in
section
546.12
.
25
Sec.
4.
Section
475A.7,
Code
2019,
is
amended
to
read
as
26
follows:
27
475A.7
Consumer
advisory
panel
advocate
governing
board
.
28
The
attorney
general
shall
appoint
five
three
members
and
29
the
governor
shall
appoint
four
six
members
to
a
consumer
30
advisory
panel
to
meet
at
the
request
of
the
consumer
advocate
31
for
consultation
governing
board,
which
shall
direct
the
32
consumer
advocate
in
carrying
out
the
advocate’s
duties
under
33
this
chapter
regarding
public
utility
regulation
,
including
but
34
not
limited
to
the
duties
described
in
section
475A.2
.
All
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members
of
the
governing
board
shall
be
subject
to
confirmation
1
by
the
senate.
A
member
appointed
by
the
governor
shall
be
2
appointed
from
each
congressional
district
with
the
appointee
3
residing
within
the
congressional
district
at
the
time
of
4
appointment.
The
remaining
appointees
shall
be
members
at
5
large.
No
more
than
five
members
shall
belong
to
the
same
6
political
party
as
provided
in
section
69.16
.
Not
more
than
7
a
simple
majority
of
the
members
shall
be
of
the
same
gender.
8
The
members
appointed
by
the
attorney
general
shall
serve
9
four-year
terms
at
the
pleasure
of
the
attorney
general
and
10
their
appointments
are
not
subject
to
confirmation.
The
11
the
members
appointed
by
the
governor
shall
serve
four-year
12
terms
at
the
pleasure
of
the
governor
and
their
appointments
13
are
not
subject
to
confirmation
.
The
governor
or
attorney
14
general
shall
fill
a
vacancy
in
the
same
manner
as
the
original
15
appointment
for
the
unexpired
portion
of
the
member’s
term.
16
Members
of
the
consumer
advisory
panel
governing
board
shall
17
serve
without
compensation,
but
shall
be
reimbursed
for
actual
18
expenses
from
funds
appropriated
to
the
consumer
advocate
19
division.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
modifies
provisions
relating
to
the
office
of
24
consumer
advocate
in
Code
chapter
475A.
25
Current
law
requires
the
consumer
advocate
to
devote
the
26
consumer
advocate’s
entire
time
to
the
duties
of
the
office
27
and
prohibits
the
consumer
advocate
from
engaging
in
certain
28
political
activities
while
in
office,
including
being
a
member
29
of
a
political
committee,
contributing
to
certain
political
30
campaign
funds,
taking
part
in
political
campaigns,
or
being
31
a
candidate
for
political
office.
The
bill
extends
such
32
requirements
and
prohibitions
to
employees
of
the
consumer
33
advocate.
34
Current
law
establishes
a
consumer
advisory
panel
to
meet
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at
the
request
of
the
consumer
advocate
for
consultation
1
regarding
public
utility
regulation,
consisting
of
five
members
2
appointed
by
the
attorney
general
and
four
members
appointed
3
by
the
governor.
A
member
residing
within
each
of
the
four
4
congressional
districts
shall
be
appointed.
Appointments
to
5
the
panel
are
not
subject
to
senate
confirmation.
Members
6
of
the
panel
serve
four-year
terms
at
the
pleasure
of
the
7
applicable
appointing
authority
and
serve
without
compensation.
8
The
bill
replaces
the
consumer
advisory
panel
with
the
9
consumer
advocate
governing
board,
consisting
of
three
members
10
appointed
by
the
attorney
general
and
six
members
appointed
by
11
the
governor.
The
governing
board
shall
direct
the
consumer
12
advocate
in
carrying
out
the
advocate’s
duties
under
Code
13
chapter
475A.
A
member
appointed
by
the
governor
shall
reside
14
within
each
of
the
congressional
districts.
All
appointments
15
to
the
governing
board
shall
be
subject
to
senate
confirmation.
16
Members
of
the
governing
board
serve
four-year
terms
at
the
17
pleasure
of
the
applicable
appointing
authority
and
serve
18
without
compensation.
19
The
bill
requires
the
governing
board,
instead
of
the
20
attorney
general
as
provided
in
current
law,
to
fix
the
salary
21
of
the
consumer
advocate.
The
bill
also
requires
the
governing
22
board
to
fix
the
salaries
of
employees
of
the
consumer
23
advocate.
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