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Senate Study Bill 1036 - IntroducedA Bill ForAn Act 1modifying provisions relating to the office of consumer
2advocate, including by establishing the consumer advocate
3governing board.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 475A.1, subsection 4, Code 2019, is
2amended to read as follows:
34. Political activity prohibited. The consumer advocate and
4employees of the consumer advocate shall devote the advocate’s
5 their entire time to the duties of the office. During the
6advocate’s term of appointment or employment with the office
7of consumer advocate, the consumer advocate and employees
8of the consumer advocate shall not be a member members of a
9 any political committee, or contribute to a any political
10campaign fund other than through the income tax checkoff for
11contributions to the presidential election campaign fund, or
12 take part in political campaigns, or be a candidate candidates
13 for a political office.
14 Sec. 2. Section 475A.2, Code 2019, is amended to read as
15follows:
16475A.2 Duties.
17The consumer advocate, under the direction of the consumer
18advocate governing board, shall:
191. Investigate the legality of all rates, charges,
20rules, regulations, and practices of all persons under the
21jurisdiction of the utilities board, and institute civil
22proceedings before the board or any court to correct any
23illegality on the part of any such person. In any such
24investigation and subject to the approval of the governing
25board, the person acting for the office of the consumer
26advocate shall have the power to ask the utilities board
27to issue subpoenas, compel the attendance and testimony of
28witnesses, and the production of papers, books, and documents,
29at the discretion of the utilities board.
302. Act as attorney for and represent all consumers generally
31and the public generally in all proceedings before the
32utilities board.
333. Institute as a party judicial review of any decision of
34the utilities board, if the consumer advocate governing board
35 deems judicial review to be in the public interest.
-1- 14. Appear for all consumers generally and the public
2generally in all actions instituted in any state or federal
3court which involve the validity of a rule, regulation, or
4order of the utilities board.
55. Act as attorney for and represent all consumers generally
6and the public generally in proceedings before federal and
7state agencies and related judicial review proceedings and
8appeals, at the discretion of the consumer advocate governing
9board.
106. Appear and participate as a party in the name of the
11office of consumer advocate in the performance of the duties
12of the office.
13 Sec. 3. Section 475A.3, subsection 3, Code 2019, is amended
14to read as follows:
153. Salaries, expenses, and appropriation. The salary
16of the consumer advocate shall be fixed by the attorney
17general governing board within the salary range set by the
18general assembly. The salaries of employees of the consumer
19advocate shall be fixed by the governing board at rates of
20compensation consistent with current standards in industry.
21The reimbursement of expenses for the employees and the
22consumer advocate is as provided by law. The appropriation for
23the office of consumer advocate shall be a separate line item
24contained in the appropriation from the department of commerce
25revolving fund created in section 546.12.
26 Sec. 4. Section 475A.7, Code 2019, is amended to read as
27follows:
28475A.7 Consumer advisory panel advocate governing board.
29The attorney general shall appoint five three members and
30the governor shall appoint four six members to a consumer
31advisory panel to meet at the request of the consumer advocate
32for consultation governing board, which shall direct the
33consumer advocate in carrying out the advocate’s duties under
34this chapter regarding public utility regulation, including but
35not limited to the duties described in section 475A.2. All
-2-1members of the governing board shall be subject to confirmation
2by the senate. A member appointed by the governor shall be
3appointed from each congressional district with the appointee
4residing within the congressional district at the time of
5appointment. The remaining appointees shall be members at
6large. No more than five members shall belong to the same
7political party as provided in section 69.16. Not more than
8a simple majority of the members shall be of the same gender.
9The members appointed by the attorney general shall serve
10four-year terms at the pleasure of the attorney general and
11their appointments are not subject to confirmation. The
12 the members appointed by the governor shall serve four-year
13terms at the pleasure of the governor and their appointments
14are not subject to confirmation. The governor or attorney
15general shall fill a vacancy in the same manner as the original
16appointment for the unexpired portion of the member’s term.
17Members of the consumer advisory panel governing board shall
18serve without compensation, but shall be reimbursed for actual
19expenses from funds appropriated to the consumer advocate
20division.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill modifies provisions relating to the office of
25consumer advocate in Code chapter 475A.
26Current law requires the consumer advocate to devote the
27consumer advocate’s entire time to the duties of the office
28and prohibits the consumer advocate from engaging in certain
29political activities while in office, including being a member
30of a political committee, contributing to certain political
31campaign funds, taking part in political campaigns, or being
32a candidate for political office. The bill extends such
33requirements and prohibitions to employees of the consumer
34advocate.
35Current law establishes a consumer advisory panel to meet
-3-1at the request of the consumer advocate for consultation
2regarding public utility regulation, consisting of five members
3appointed by the attorney general and four members appointed
4by the governor. A member residing within each of the four
5congressional districts shall be appointed. Appointments to
6the panel are not subject to senate confirmation. Members
7of the panel serve four-year terms at the pleasure of the
8applicable appointing authority and serve without compensation.
9The bill replaces the consumer advisory panel with the
10consumer advocate governing board, consisting of three members
11appointed by the attorney general and six members appointed by
12the governor. The governing board shall direct the consumer
13advocate in carrying out the advocate’s duties under Code
14chapter 475A. A member appointed by the governor shall reside
15within each of the congressional districts. All appointments
16to the governing board shall be subject to senate confirmation.
17Members of the governing board serve four-year terms at the
18pleasure of the applicable appointing authority and serve
19without compensation.
20The bill requires the governing board, instead of the
21attorney general as provided in current law, to fix the salary
22of the consumer advocate. The bill also requires the governing
23board to fix the salaries of employees of the consumer
24advocate.
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2advocate, including by establishing the consumer advocate
3governing board.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 475A.1, subsection 4, Code 2019, is
2amended to read as follows:
34. Political activity prohibited. The consumer advocate and
4employees of the consumer advocate shall devote the advocate’s
5 their entire time to the duties of the office. During the
6advocate’s term of appointment or employment with the office
7of consumer advocate, the consumer advocate and employees
8of the consumer advocate shall not be a member members of a
9 any political committee, or contribute to a any political
10campaign fund other than through the income tax checkoff for
11contributions to the presidential election campaign fund, or
12 take part in political campaigns, or be a candidate candidates
13 for a political office.
14 Sec. 2. Section 475A.2, Code 2019, is amended to read as
15follows:
16475A.2 Duties.
17The consumer advocate, under the direction of the consumer
18advocate governing board, shall:
191. Investigate the legality of all rates, charges,
20rules, regulations, and practices of all persons under the
21jurisdiction of the utilities board, and institute civil
22proceedings before the board or any court to correct any
23illegality on the part of any such person. In any such
24investigation and subject to the approval of the governing
25board, the person acting for the office of the consumer
26advocate shall have the power to ask the utilities board
27to issue subpoenas, compel the attendance and testimony of
28witnesses, and the production of papers, books, and documents,
29at the discretion of the utilities board.
302. Act as attorney for and represent all consumers generally
31and the public generally in all proceedings before the
32utilities board.
333. Institute as a party judicial review of any decision of
34the utilities board, if the consumer advocate governing board
35 deems judicial review to be in the public interest.
-1- 14. Appear for all consumers generally and the public
2generally in all actions instituted in any state or federal
3court which involve the validity of a rule, regulation, or
4order of the utilities board.
55. Act as attorney for and represent all consumers generally
6and the public generally in proceedings before federal and
7state agencies and related judicial review proceedings and
8appeals, at the discretion of the consumer advocate governing
9board.
106. Appear and participate as a party in the name of the
11office of consumer advocate in the performance of the duties
12of the office.
13 Sec. 3. Section 475A.3, subsection 3, Code 2019, is amended
14to read as follows:
153. Salaries, expenses, and appropriation. The salary
16of the consumer advocate shall be fixed by the attorney
17general governing board within the salary range set by the
18general assembly. The salaries of employees of the consumer
19advocate shall be fixed by the governing board at rates of
20compensation consistent with current standards in industry.
21The reimbursement of expenses for the employees and the
22consumer advocate is as provided by law. The appropriation for
23the office of consumer advocate shall be a separate line item
24contained in the appropriation from the department of commerce
25revolving fund created in section 546.12.
26 Sec. 4. Section 475A.7, Code 2019, is amended to read as
27follows:
28475A.7 Consumer advisory panel advocate governing board.
29The attorney general shall appoint five three members and
30the governor shall appoint four six members to a consumer
31advisory panel to meet at the request of the consumer advocate
32for consultation governing board, which shall direct the
33consumer advocate in carrying out the advocate’s duties under
34this chapter regarding public utility regulation, including but
35not limited to the duties described in section 475A.2. All
-2-1members of the governing board shall be subject to confirmation
2by the senate. A member appointed by the governor shall be
3appointed from each congressional district with the appointee
4residing within the congressional district at the time of
5appointment. The remaining appointees shall be members at
6large. No more than five members shall belong to the same
7political party as provided in section 69.16. Not more than
8a simple majority of the members shall be of the same gender.
9The members appointed by the attorney general shall serve
10four-year terms at the pleasure of the attorney general and
11their appointments are not subject to confirmation. The
12 the members appointed by the governor shall serve four-year
13terms at the pleasure of the governor and their appointments
14are not subject to confirmation. The governor or attorney
15general shall fill a vacancy in the same manner as the original
16appointment for the unexpired portion of the member’s term.
17Members of the consumer advisory panel governing board shall
18serve without compensation, but shall be reimbursed for actual
19expenses from funds appropriated to the consumer advocate
20division.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill modifies provisions relating to the office of
25consumer advocate in Code chapter 475A.
26Current law requires the consumer advocate to devote the
27consumer advocate’s entire time to the duties of the office
28and prohibits the consumer advocate from engaging in certain
29political activities while in office, including being a member
30of a political committee, contributing to certain political
31campaign funds, taking part in political campaigns, or being
32a candidate for political office. The bill extends such
33requirements and prohibitions to employees of the consumer
34advocate.
35Current law establishes a consumer advisory panel to meet
-3-1at the request of the consumer advocate for consultation
2regarding public utility regulation, consisting of five members
3appointed by the attorney general and four members appointed
4by the governor. A member residing within each of the four
5congressional districts shall be appointed. Appointments to
6the panel are not subject to senate confirmation. Members
7of the panel serve four-year terms at the pleasure of the
8applicable appointing authority and serve without compensation.
9The bill replaces the consumer advisory panel with the
10consumer advocate governing board, consisting of three members
11appointed by the attorney general and six members appointed by
12the governor. The governing board shall direct the consumer
13advocate in carrying out the advocate’s duties under Code
14chapter 475A. A member appointed by the governor shall reside
15within each of the congressional districts. All appointments
16to the governing board shall be subject to senate confirmation.
17Members of the governing board serve four-year terms at the
18pleasure of the applicable appointing authority and serve
19without compensation.
20The bill requires the governing board, instead of the
21attorney general as provided in current law, to fix the salary
22of the consumer advocate. The bill also requires the governing
23board to fix the salaries of employees of the consumer
24advocate.
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