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
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