Text: H08322 Text: H08324 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-8294, to House File 2517 as
1 2 follows:
1 3 #1. Page 1, by inserting after line 1 the
1 4 following:
1 5 "#___. Page 1, by inserting before line 1 the
1 6 following:
1 7 "Section 1. NEW SECTION. 507F.1 CONSUMER
1 8 ADVOCATE ON INSURANCE – APPOINTMENT – POLITICAL
1 9 ACTIVITY – REMOVAL.
1 10 1. The attorney general shall appoint a competent
1 11 attorney to the office of consumer advocate on
1 12 insurance. The appointment is subject to senate
1 13 confirmation, in accordance with section 2.32. The
1 14 advocate's term of office is for four years. The term
1 15 begins and ends as set forth in section 69.19.
1 16 2. If a vacancy occurs in the office of consumer
1 17 advocate on insurance, the vacancy shall be filled for
1 18 the unexpired term in the same manner as an original
1 19 appointment.
1 20 3. The consumer advocate on insurance shall devote
1 21 the advocate's entire time to the duties of the
1 22 office. During the consumer advocate's term of office
1 23 the advocate shall not be a member of a political
1 24 committee, shall not contribute to a political
1 25 campaign fund other than through the income tax
1 26 checkoff for contributions to the Iowa election
1 27 campaign fund and the presidential election campaign
1 28 fund, and shall not take part in political campaigns
1 29 or be a candidate for a political office.
1 30 4. The attorney general may remove the consumer
1 31 advocate for malfeasance or nonfeasance in office, or
1 32 for any cause which renders the advocate ineligible
1 33 for appointment, or if incapable or unfit to discharge
1 34 the duties of the advocate's office. The consumer
1 35 advocate's removal, when so made, is final.
1 36 Sec. . NEW SECTION. 507F.2 DUTIES.
1 37 The office of the consumer advocate on insurance
1 38 shall:
1 39 1. Adopt rules pursuant to chapter 17A and perform
1 40 other duties necessary to the administration of this
1 41 chapter.
1 42 2. Investigate the legality of all rates, charges,
1 43 rules, regulations, and practices of all persons under
1 44 the jurisdiction of the insurance division, and
1 45 institute civil proceedings before the division of
1 46 insurance or any court to correct any illegality on
1 47 the part of any such person. In any investigation,
1 48 the person acting for the office of the consumer
1 49 advocate on insurance shall have the power to ask the
1 50 commissioner of insurance to issue subpoenas, compel
2 1 the attendance and testimony of witnesses, and the
2 2 production of papers, books, and documents.
2 3 3. Make recommendations to the general assembly
2 4 regarding insurance regulation.
2 5 4. Make recommendations to the insurance division
2 6 or any other governmental agency which has an impact
2 7 on insurance regulation in the state through
2 8 rulemaking, and shall review and, if the advocate
2 9 deems it to be in the public interest, appeal the
2 10 rulemaking or contested case decisions of the
2 11 insurance division or any other governmental agency
2 12 which has an impact on insurance regulation in the
2 13 state.
2 14 5. Represent the interests of the public relating
2 15 to insurance reform, coverage, and rates where action
2 16 is necessary for the protection of public rights.
2 17 6. Institute judicial review of final or
2 18 interlocutory actions of the insurance division if the
2 19 review is deemed to be in the public interest.
2 20 7. Act as attorney for and represent all consumers
2 21 generally and the public generally in all proceedings
2 22 before the insurance division, federal and state
2 23 agencies, and related judicial review proceedings and
2 24 appeals.
2 25 8. Appear for all consumers generally and the
2 26 public generally in all actions instituted in any
2 27 state or federal court which involve the validity of a
2 28 rule, regulation, or order of the insurance division.
2 29 9. Appear and participate as a party in the name
2 30 of the office of consumer advocate on insurance in the
2 31 performance of the duties of the office.
2 32 Sec. . NEW SECTION. 507F.3 OFFICE –
2 33 EMPLOYEES – EXPENSES.
2 34 1. The office of the consumer advocate on
2 35 insurance shall be located within the office of the
2 36 attorney general. Administrative support services
2 37 shall be provided to the consumer advocate by the
2 38 office of the attorney general.
2 39 2. The consumer advocate on insurance may employ
2 40 attorneys, legal assistants, secretaries, clerks, and
2 41 other employees the consumer advocate finds necessary
2 42 for the full and efficient discharge of the duties and
2 43 responsibilities of the office. The consumer advocate
2 44 on insurance may employ consultants as expert
2 45 witnesses or technical advisors pursuant to contract
2 46 as the consumer advocate finds necessary for the full
2 47 and efficient discharge of the duties of the office.
2 48 Employees of the consumer advocate, other than the
2 49 consumer advocate, are subject to merit employment,
2 50 except as provided in section 19A.3.
3 1 3. The salary of the consumer advocate on
3 2 insurance shall be fixed by the attorney general
3 3 within the salary range set by the general assembly.
3 4 The salaries of employees of the consumer advocate on
3 5 insurance is as provided by law. The appropriation
3 6 for the office of consumer advocate on insurance shall
3 7 be a separate line item contained in the appropriation
3 8 from the general fund of the state to the department
3 9 of justice.
3 10 Sec. . NEW SECTION. 507F.4 INSURANCE DIVISION
3 11 RECORDS.
3 12 The consumer advocate on insurance has free access
3 13 to all the files, records, and documents in the office
3 14 of the insurance division except:
3 15 1. Personal information in confidential personnel
3 16 records of the insurance division.
3 17 2. Records which represent and constitute the work
3 18 product of the general counsel of the insurance
3 19 division where the records relate to a proceeding
3 20 before the division in which the consumer advocate is
3 21 a party or a proceeding in any state or federal court
3 22 in which both the division and the consumer advocate
3 23 are parties.
3 24 3. Insurer information of a confidential nature
3 25 which could jeopardize an insurer's competitive status
3 26 and is provided by an insurer to the division.
3 27 However, such information shall be provided to the
3 28 consumer advocate by the insurance division, if the
3 29 division determines it to be in the public interest.
3 30 Sec. . NEW SECTION. 507F.5 SERVICE.
3 31 The consumer advocate on insurance is entitled to
3 32 service of all documents required by statute or rule
3 33 to be served on parties in proceedings before the
3 34 insurance division and all notices, petitions,
3 35 applications, complaints, answers, motions, and other
3 36 pleadings filed pursuant to statute or rule with the
3 37 division.
3 38 Sec. . NEW SECTION. 507F.6 CONSUMER ADVOCATE
3 39 ON INSURANCE ADVISORY COMMITTEE.
3 40 The attorney general shall appoint seven members to
3 41 a consumer advocate on insurance advisory committee to
3 42 meet at the request of the consumer advocate for
3 43 consultation regarding the protection of public rights
3 44 in insurance regulation. A member shall be appointed
3 45 from each congressional district with the appointee
3 46 residing within the district at the time of the
3 47 appointment. The remaining appointees shall be
3 48 members at large. Members shall be appointed which
3 49 represent the various sectors of the population and
3 50 appointments shall be made in compliance with section
4 1 69.16 and 69.16A. The members shall serve four-year
4 2 terms and their appointments are not subject to
4 3 confirmation by the senate. A vacancy shall be filled
4 4 in the same manner as the original appointment for the
4 5 unexpired portion of the member's term. Members of
4 6 the committee shall serve without compensation, but
4 7 shall be reimbursed for actual expenses from funds
4 8 appropriated to the office of the consumer advocate on
4 9 insurance.""
4 10 #2. Page 1, by inserting after line 6 the
4 11 following:
4 12 "#___. Page 3, line 15, by striking the word
4 13 "nine" and inserting the following: "ten"."
4 14 #3. Page 1, by striking lines 7 and 8 and
4 15 inserting the following:
4 16 "#___. Page 3, by inserting after line 22 the
4 17 following:
4 18 "___. The consumer advocate on insurance.""
4 19 #4. Page 1, by inserting after line 41 the
4 20 following:
4 21 ""#___. Title page, line 1, by inserting after the
4 22 word "Act" the following: "relating to insurance and
4 23 insurance consumers, including appointing a consumer
4 24 advocate on insurance and"."
4 25 #5. By renumbering as necessary.
4 26
4 27
4 28
4 29 JOCHUM of Dubuque
4 30 HF 2517.311 77
4 31 pf/cf/28
Text: H08322 Text: H08324 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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