Text: H08314 Text: H08316 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2517 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. NEW SECTION. 507F.1 CONSUMER
1 5 ADVOCATE ON INSURANCE – APPOINTMENT – POLITICAL
1 6 ACTIVITY – REMOVAL.
1 7 1. The attorney general shall appoint a competent
1 8 attorney to the office of consumer advocate on
1 9 insurance. The appointment is subject to senate
1 10 confirmation, in accordance with section 2.32. The
1 11 advocate's term of office is for four years. The term
1 12 begins and ends as set forth in section 69.19.
1 13 2. If a vacancy occurs in the office of consumer
1 14 advocate on insurance, the vacancy shall be filled for
1 15 the unexpired term in the same manner as an original
1 16 appointment.
1 17 3. The consumer advocate on insurance shall devote
1 18 the advocate's entire time to the duties of the
1 19 office. During the consumer advocate's term of office
1 20 the advocate shall not be a member of a political
1 21 committee, shall not contribute to a political
1 22 campaign fund other than through the income tax
1 23 checkoff for contributions to the Iowa election
1 24 campaign fund and the presidential election campaign
1 25 fund, and shall not take part in political campaigns
1 26 or be a candidate for a political office.
1 27 4. The attorney general may remove the consumer
1 28 advocate for malfeasance or nonfeasance in office, or
1 29 for any cause which renders the advocate ineligible
1 30 for appointment, or if incapable or unfit to discharge
1 31 the duties of the advocate's office. The consumer
1 32 advocate's removal, when so made, is final.
1 33 Sec. . NEW SECTION. 507F.2 DUTIES.
1 34 The office of the consumer advocate on insurance
1 35 shall:
1 36 1. Adopt rules pursuant to chapter 17A and perform
1 37 other duties necessary to the administration of this
1 38 chapter.
1 39 2. Investigate the legality of all rates, charges,
1 40 rules, regulations, and practices of all persons under
1 41 the jurisdiction of the insurance division, and
1 42 institute civil proceedings before the division of
1 43 insurance or any court to correct any illegality on
1 44 the part of any such person. In any investigation,
1 45 the person acting for the office of the consumer
1 46 advocate on insurance shall have the power to ask the
1 47 commissioner of insurance to issue subpoenas, compel
1 48 the attendance and testimony of witnesses, and the
1 49 production of papers, books, and documents.
1 50 3. Make recommendations to the general assembly
2 1 regarding insurance regulation.
2 2 4. Make recommendations to the insurance division
2 3 or any other governmental agency which has an impact
2 4 on insurance regulation in the state through
2 5 rulemaking, and shall review and, if the advocate
2 6 deems it to be in the public interest, appeal the
2 7 rulemaking or contested case decisions of the
2 8 insurance division or any other governmental agency
2 9 which has an impact on insurance regulation in the
2 10 state.
2 11 5. Represent the interests of the public relating
2 12 to insurance reform, coverage, and rates where action
2 13 is necessary for the protection of public rights.
2 14 6. Institute judicial review of final or
2 15 interlocutory actions of the insurance division if the
2 16 review is deemed to be in the public interest.
2 17 7. Act as attorney for and represent all consumers
2 18 generally and the public generally in all proceedings
2 19 before the insurance division, federal and state
2 20 agencies, and related judicial review proceedings and
2 21 appeals.
2 22 8. Appear for all consumers generally and the
2 23 public generally in all actions instituted in any
2 24 state or federal court which involve the validity of a
2 25 rule, regulation, or order of the insurance division.
2 26 9. Appear and participate as a party in the name
2 27 of the office of consumer advocate on insurance in the
2 28 performance of the duties of the office.
2 29 Sec. . NEW SECTION. 507F.3 OFFICE –
2 30 EMPLOYEES – EXPENSES.
2 31 1. The office of the consumer advocate on
2 32 insurance shall be located within the office of the
2 33 attorney general. Administrative support services
2 34 shall be provided to the consumer advocate by the
2 35 office of the attorney general.
2 36 2. The consumer advocate on insurance may employ
2 37 attorneys, legal assistants, secretaries, clerks, and
2 38 other employees the consumer advocate finds necessary
2 39 for the full and efficient discharge of the duties and
2 40 responsibilities of the office. The consumer advocate
2 41 on insurance may employ consultants as expert
2 42 witnesses or technical advisors pursuant to contract
2 43 as the consumer advocate finds necessary for the full
2 44 and efficient discharge of the duties of the office.
2 45 Employees of the consumer advocate, other than the
2 46 consumer advocate, are subject to merit employment,
2 47 except as provided in section 19A.3.
2 48 3. The salary of the consumer advocate on
2 49 insurance shall be fixed by the attorney general
2 50 within the salary range set by the general assembly.
3 1 The salaries of employees of the consumer advocate on
3 2 insurance is as provided by law. The appropriation
3 3 for the office of consumer advocate on insurance shall
3 4 be a separate line item contained in the appropriation
3 5 from the general fund of the state to the department
3 6 of justice.
3 7 Sec. . NEW SECTION. 507F.4 INSURANCE DIVISION
3 8 RECORDS.
3 9 The consumer advocate on insurance has free access
3 10 to all the files, records, and documents in the office
3 11 of the insurance division except:
3 12 1. Personal information in confidential personnel
3 13 records of the insurance division.
3 14 2. Records which represent and constitute the work
3 15 product of the general counsel of the insurance
3 16 division where the records relate to a proceeding
3 17 before the division in which the consumer advocate is
3 18 a party or a proceeding in any state or federal court
3 19 in which both the division and the consumer advocate
3 20 are parties.
3 21 3. Insurer information of a confidential nature
3 22 which could jeopardize an insurer's competitive status
3 23 and is provided by an insurer to the division.
3 24 However, such information shall be provided to the
3 25 consumer advocate by the insurance division, if the
3 26 division determines it to be in the public interest.
3 27 Sec. . NEW SECTION. 507F.5 SERVICE.
3 28 The consumer advocate on insurance is entitled to
3 29 service of all documents required by statute or rule
3 30 to be served on parties in proceedings before the
3 31 insurance division and all notices, petitions,
3 32 applications, complaints, answers, motions, and other
3 33 pleadings filed pursuant to statute or rule with the
3 34 division.
3 35 Sec. . NEW SECTION. 507F.6 CONSUMER ADVOCATE
3 36 ON INSURANCE ADVISORY COMMITTEE.
3 37 The attorney general shall appoint seven members to
3 38 a consumer advocate on insurance advisory committee to
3 39 meet at the request of the consumer advocate for
3 40 consultation regarding the protection of public rights
3 41 in insurance regulation. A member shall be appointed
3 42 from each congressional district with the appointee
3 43 residing within the district at the time of the
3 44 appointment. The remaining appointees shall be
3 45 members at large. Members shall be appointed which
3 46 represent the various sectors of the population and
3 47 appointments shall be made in compliance with section
3 48 69.16 and 69.16A. The members shall serve four-year
3 49 terms and their appointments are not subject to
3 50 confirmation by the senate. A vacancy shall be filled
4 1 in the same manner as the original appointment for the
4 2 unexpired portion of the member's term. Members of
4 3 the committee shall serve without compensation, but
4 4 shall be reimbursed for actual expenses from funds
4 5 appropriated to the office of the consumer advocate on
4 6 insurance."
4 7 #2. Page 3, line 15, by striking the word "nine"
4 8 and inserting the following: "ten".
4 9 #3. Page 3, by inserting after line 22 the
4 10 following:
4 11 "___. The consumer advocate on insurance, if House
4 12 File 476, is enacted by the Seventy-seventh General
4 13 Assembly, 1998 Session."
4 14 #4. Title page, line 1, by inserting after the
4 15 word "Act" the following: "relating to insurance and
4 16 insurance consumers, including appointing a consumer
4 17 advocate on insurance and".
4 18 #5. By renumbering as necessary.
4 19
4 20
4 21
4 22 JOCHUM of Dubuque
4 23 HF 2517.505 77
4 24 pf/jw/28
Text: H08314 Text: H08316 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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