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House Journal: Page 1311: Thursday, April 6, 1995

Metcalf of Polk offered amendment H-3610 filed by her as follows:
H-3610
 1     Amend House File 518 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  Section 476.3, subsection 2, Code
 5   1995, is amended by adding the following new
 6   unnumbered paragraph:
 7     NEW UNNUMBERED PARAGRAPH.  Notwithstanding the
 8   provisions of this subsection, the consumer advocate
 9   shall not file a petition under this subsection that
10   alleges a local exchange carrier's rates are excessive
11   while the local exchange carrier is participating in a
12   price regulation plan approved by the board pursuant
13   to section 476.30B.
14     Sec. 2.  Section 476.10, unnumbered paragraph 4,
15   Code 1995, is amended to read as follows:
16     Whenever the board shall deem it necessary in order
17   to carry out the duties imposed upon it in connection
18   with rate regulation under section 476.6,
19   investigations under section 476.3, or review
20   proceedings under section 476.31, the board may employ
21   additional temporary or permanent staff, or may
22   contract with persons who are not state employees for
23   engineering, accounting, or other professional
24   services, or both.  The costs of these additional
25   employees and contract services shall be paid by the
26   public utility whose rates are being reviewed in the
27   same manner as other expenses are paid under this
28   section.  Beginning on July 1, 1991, there is
29   appropriated out of any funds in the state treasury
30   not otherwise appropriated, such sums as may be
31   necessary to enable the board to hire additional staff
32   and contract for services under this section.  The
33   board shall increase quarterly assessments specified
34   in unnumbered paragraph 2, by amounts necessary to
35   enable the board to hire additional staff and contract
36   for services under this section.  The authority to
37   hire additional temporary or permanent staff that is
38   granted to the board by this section shall not be
39   subject to limitation by any administrative or
40   executive order or decision that restricts the number
41   of state employees or the filling of employee
42   vacancies, and shall not be subject to limitation by
43   any law of this state that restricts the number of
44   state employees or the filling of employee vacancies
45   unless that law is made applicable to this section by
46   express reference to this section.  Before the board
47   expends or encumbers an amount in excess of the funds
48   budgeted for rate regulation and before the board
49   increases quarterly assessments pursuant to this
50   paragraph, the director of the department of

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