SENATE AMENDED
        PRIOR PRINTER'S NOS. 180, 488, 648,           PRINTER'S NO. 2911
        853, 2799

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 175 Session of 1975


        INTRODUCED BY MESSRS. SCHMITT, RENNINGER, MRS. GILLETTE, MESSRS.
           BRUNNER, A. K. HUTCHINSON, ZEARFOSS, MRS. TOLL, MESSRS.
           MANDERINO, SHANE, FINEMAN, ROMANELLI, LAUGHLIN, COHEN, TRELLO,
           ROSS, ABRAHAM, SCHEAFFER, IRVIS, SCHWEDER, TAYLOR, WOJDAK,
           DOYLE, GREENFIELD, MORRIS, BERLIN, PIEVSKY, MUSTO, SHUPNIK,
           GREEN, O'KEEFE, PERRY, LEDERER, MRS. KERNICK, MESSRS. COWELL,
           ZORD, REED, FEE, MILLIRON, PRATT, MENHORN, BENNETT, WARGO,
           RUGGIERO, TADDONIO, O'DONNELL, MRKONIC, DOMBROWSKI, ITKIN AND
           MRS. KELLY, JANUARY 28, 1975

        SENATOR CIANFRANI, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, MARCH 15, 1976

                                     AN ACT

     1  Creating the Department of Consumer Advocate, establishing its    <--
     2     powers and duties, and providing the method of its financing.
     3  AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED     <--
     4     "AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE
     5     EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE
     6     EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
     7     DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
     8     INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
     9     TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
    10     AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
    11     DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
    12     DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
    13     OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
    14     BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
    15     GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
    16     AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
    17     CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
    18     OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
    19     AND COMMISSIONS; AND PRESCRIBING THE MANNER IN WHICH THE
    20     NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL OTHER
    21     ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
    22     COMMISSIONS SHALL BE DETERMINED," PROVIDING FOR THE OFFICE OF
    23     CONSUMER ADVOCATE IN THE DEPARTMENT OF JUSTICE; AND IMPOSING
    24     POWERS AND DUTIES.  AND MAKING AN APPROPRIATION.               <--


     1     The General Assembly of the Commonwealth of Pennsylvania
     2  hereby enacts as follows:
     3     Section 1.  Short Title.--This act shall be known and may be   <--
     4  cited as the "Consumer Advocate Act."
     5     Section 2.  Definitions.--As used in this act:
     6     "Commission" means the Pennsylvania Public Utility
     7  Commission.
     8     "Consumer" means any person (i) who makes a direct use or is
     9  the ultimate recipient of a product or a service supplied by any
    10  person subject to a regulatory agency or (ii) who may be a
    11  direct user or ultimate recipient of a product or service
    12  supplied by any person subject to a regulatory agency and may be
    13  affected in any way by any action within the authority of a
    14  regulatory agency. The term "consumer" includes any "consumer"
    15  as defined in the act of April 28, 1937 (P.L.417, No.105), known
    16  as the "Milk Marketing Law," and any "insured" as used in the
    17  act of June 11, 1947 (P.L.538, No.246), known as "The Casualty
    18  and Surety Rate Regulatory Act," and the act of June 11, 1947
    19  (P.L.551, No.247), known as "The Fire, Marine and Inland Marine
    20  Rate Regulatory Act," and any "person" or "corporation" as
    21  defined in section 2 of the act of May 28, 1937 (P.L.1053,
    22  No.286), known as the "Public Utility Law."
    23     "Department" means the Department of Consumer Advocate.
    24     "Public utility" means public utility as defined in section
    25  2(17), act of May 28, 1937 (P.L.1053, No.286), known as the
    26  "Public Utility Law."
    27     "Regulatory agencies" means the Milk Marketing Board, the
    28  Pennsylvania Public Utility Commission and the Insurance
    29  Department.
    30     Section 3.  Department of Consumer Advocate Established.--(a)
    19750H0175B2911                  - 2 -

     1  There is hereby established the Department of Consumer Advocate
     2  to represent the interest of consumers before State Regulatory
     3  Agencies of this Commonwealth.
     4     (b)  There is hereby established within the Department of
     5  Consumer Advocate an office known as the Office of Farm Advocacy
     6  whose sole interest and function shall be to promote the views
     7  and interests of primary producers of farm products before the
     8  Milk Marketing Board.
     9     Section 4.  Department of Consumer Advocate.--The Department
    10  of Consumer Advocate shall be headed by the Consumer Advocate
    11  who shall be appointed by the Governor and shall serve at the
    12  pleasure of the Governor. The Consumer Advocate shall be a
    13  person who by reason of training, experience and attainment is
    14  qualified to represent the interest of consumers. His
    15  compensation shall be set by the Executive Board as defined in
    16  sections 204 and 709, act of April 9, 1929 (P.L.177, No.175),
    17  known as "The Administrative Code of 1929." The salary of the
    18  Consumer Advocate shall not exceed $40,000 per annum.
    19     No individual who serves as a Consumer Advocate shall seek or
    20  accept employment in any industry or business subject to the
    21  authority of the Consumer Advocate during the tenure of the
    22  appointment and for a period of two years immediately subsequent
    23  to the appointment.
    24     Any individual who is appointed to the position of Consumer
    25  Advocate shall not seek election nor accept appointment to any
    26  political office during the tenure as Consumer Advocate and for
    27  a period of two years after the appointment is served or
    28  terminated.
    29     Section 5.  Assistant Consumer Advocates; Employees.--The
    30  Consumer Advocate shall appoint with the approval of the
    19750H0175B2911                  - 3 -

     1  Governor, attorneys as assistant consumer advocates and such
     2  additional clerical, technical and professional staff as may be
     3  appropriate, and may contract for such additional services as
     4  shall be necessary for the performance of his function. The
     5  compensation of assistant consumer advocates and such clerical,
     6  technical and professional staff shall be set by the Executive
     7  Board.
     8     Section 6.  Powers and Duties of the Consumer Advocate.--(a)
     9  The Consumer Advocate shall have the power and the duty to
    10  represent the interest of consumers before the regulatory
    11  agencies in any matter properly before such agencies, initiating
    12  proceedings if in his judgment such may be necessary, and before
    13  any court in connection with any matter involving regulation by
    14  the regulatory agencies, whether on appeal or otherwise
    15  initiated. Specifically and without limitation, the Consumer
    16  Advocate shall be an affected party before each regulatory
    17  agency and an aggrieved party on appeal from any action or
    18  decision by a regulatory agency.
    19     The Consumer Advocate shall have the power and duty to
    20  investigate and represent the consumer's interest upon
    21  complaints by consumers concerning the quality, availability,
    22  price and service of any corporation, partnership, sole
    23  proprietorship, association or other business entity which
    24  produces, processes, mines or distributes energy sources.
    25     (b)  The Consumer Advocate may exercise discretion in
    26  determining the interests of consumers which will be advocated
    27  in any particular proceeding and in determining whether or not
    28  to participate in or initiate any particular proceeding and in
    29  so determining, shall consider the public interest, the
    30  resources available and the substantiality of the effect of the
    19750H0175B2911                  - 4 -

     1  proceeding on the interest of consumers. The Consumer Advocate
     2  may refrain from intervening when in the judgment of the
     3  Consumer Advocate such is not necessary to represent adequately
     4  the interest of consumers except that the Office of Farm
     5  Advocacy shall intervene in all proceedings before the Milk
     6  Marketing Board for the benefit of the primary producers of
     7  milk. Upon petition of 20% or 2,500 of the consumers, whichever
     8  is less, who make direct use or are ultimate recipients of a
     9  product or service supplied by a person subject to a regulatory
    10  agency, the Consumer Advocate shall participate in a proceeding
    11  involving such person.
    12     (c)  Any action brought by the Consumer Advocate before a
    13  court or an agency of this Commonwealth shall be brought in the
    14  name of the person serving as Consumer Advocate and shall not be
    15  brought in the name of the Commonwealth. The Consumer Advocate
    16  may name a consumer or group of consumers in whose name the
    17  action may be brought or may join with a consumer or group of
    18  consumers in bringing the action.
    19     (d)  The Office of Farm Advocacy shall not be construed as
    20  creating a conflict of interest within the Department of
    21  Consumer Advocate. In addition the Office of Farm Advocacy shall
    22  receive an appropriation equal to the amount of funds spent by
    23  the Consumer Advocate in any proceedings before the Milk
    24  Marketing Board.
    25     Section 7.  Reports.--The Consumer Advocate shall annually
    26  transmit to the Governor and the General Assembly and shall make
    27  available to the public an annual report on the conduct of the
    28  department. The Consumer Advocate shall make recommendations as
    29  may from time to time be necessary or desirable to protect the
    30  interest of consumers.
    19750H0175B2911                  - 5 -

     1     Section 8.  Subpoenas.--(a) Whenever the Consumer Advocate
     2  has reason to believe that any person may have knowledge, or be
     3  in possession, custody or control of any documentary material,
     4  pertinent to a pending proposal or proceeding before a
     5  regulatory agency, the Consumer Advocate may issue in writing
     6  and cause to be served upon the person a subpoena which:
     7     (1)  compels the attendance of such person and requires that
     8  person to submit to examination and give testimony under oath;
     9     (2)  requires the production of documentary material
    10  pertinent to the investigation for inspection or copying; and
    11     (3)  requires answers to written interrogatories to be
    12  furnished under oath.
    13     (b)  The Consumer Advocate may issue successive subpoenas to
    14  the same person in order to obtain additional information
    15  pertinent to an ongoing proceeding.
    16     (c)  Any subpoena issued hereunder shall be subject to
    17  invalidation by the appropriate regulatory agency upon good and
    18  proper cause shown filed within ten days of its service, except
    19  that any such invalidation shall be subject to immediate appeal
    20  by the Department of Consumer Advocate to the Commonwealth
    21  Court.
    22     Section 9.  Duties of Regulatory Agencies.--In dealing with
    23  any proposed action which may substantially affect the interest
    24  of consumers, including but not limited to a proposed change of
    25  rates and the adoption of rules, regulations, guidelines,
    26  orders, standards or final policy decisions, each regulatory
    27  agency shall:
    28     (1)  Notify the Consumer Advocate when notice of the proposed
    29  action is given to the public or at a time fixed by agreement
    30  between the Consumer Advocate and the regulatory agency in a
    19750H0175B2911                  - 6 -

     1  manner to assure the Consumer Advocate reasonable notice and
     2  adequate time to determine whether to intervene in such matter.
     3     (2)  Consistent with its other statutory responsibilities,
     4  take such action with due consideration to the interest of
     5  consumers.
     6     Section 10.  Savings Provision; Construction.--(a) Nothing
     7  contained herein shall in any way limit the right of any
     8  consumer to bring a proceeding before either a regulatory agency
     9  or a court.
    10     (b)  Nothing contained herein shall be construed to impair
    11  the statutory authority or responsibility of any regulatory
    12  agency to protect and promote the interest of consumers.
    13     Section 11.  General Fund Appropriation.--The sum of $200,000
    14  for the fiscal year ending June 30, 1975 is hereby appropriated
    15  to the Department of Consumer Advocate.
    16     Section 12.  Effective Date.--This act shall take effect
    17  immediately.
    18     SECTION 1.  THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN  <--
    19  AS "THE ADMINISTRATIVE CODE OF 1929," IS AMENDED BY ADDING AN
    20  ARTICLE TO READ:
    21                            ARTICLE IX-A
    22                    OFFICE OF CONSUMER ADVOCATE
    23     SECTION 901-A.  DEFINITIONS.--AS USED IN THIS ARTICLE:
    24     "COMMISSION" MEANS THE PENNSYLVANIA PUBLIC UTILITY
    25  COMMISSION.
    26     "CONSUMER" MEANS ANY PERSON (I) WHO MAKES A DIRECT USE OR IS
    27  THE ULTIMATE RECIPIENT OF A PRODUCT OR A SERVICE SUPPLIED BY ANY
    28  PERSON OR PUBLIC UTILITY SUBJECT TO THE AUTHORITY OF THE
    29  COMMISSION OR (II) WHO MAY BE A DIRECT USER OR ULTIMATE
    30  RECIPIENT OF A PRODUCT OR SERVICE SUPPLIED BY ANY PERSON OR
    19750H0175B2911                  - 7 -

     1  PUBLIC UTILITY SUBJECT TO THE AUTHORITY OF THE COMMISSION AND
     2  MAY BE AFFECTED IN ANY WAY BY ANY ACTION WITHIN THE AUTHORITY OF
     3  THE COMMISSION. THE TERM "CONSUMER" INCLUDES ANY "PERSON,"
     4  "CORPORATION" OR "MUNICIPAL CORPORATION" AS DEFINED IN SECTION 2
     5  OF THE ACT OF MAY 28, 1937 (P.L.1053, NO.286), KNOWN AS THE
     6  "PUBLIC UTILITY LAW."
     7     "PUBLIC UTILITY" MEANS PUBLIC UTILITY AS DEFINED IN SECTION
     8  2(17), ACT OF MAY 28, 1937 (P.L.1053, NO.286), KNOWN AS THE
     9  "PUBLIC UTILITY LAW."
    10     SECTION 902-A.  OFFICE OF CONSUMER ADVOCATE.--(A) THERE IS
    11  HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF JUSTICE AN OFFICE OF
    12  CONSUMER ADVOCATE TO REPRESENT THE INTEREST OF CONSUMERS BEFORE
    13  THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
    14     (B)  THE OFFICE OF CONSUMER ADVOCATE SHALL BE HEADED BY A
    15  CONSUMER ADVOCATE WHO SHALL BE APPOINTED BY THE ATTORNEY GENERAL
    16  WITH THE APPROVAL OF THE GOVERNOR. THE CONSUMER ADVOCATE SHALL
    17  BE A PERSON WHO BY REASON OF TRAINING, EXPERIENCE AND ATTAINMENT
    18  IS QUALIFIED TO REPRESENT THE INTEREST OF CONSUMERS.
    19  COMPENSATION SHALL BE SET BY THE ATTORNEY GENERAL.
    20     (C)  NO INDIVIDUAL WHO SERVES AS A CONSUMER ADVOCATE SHALL,
    21  WHILE SERVING IN SUCH POSITION, ENGAGE IN ANY BUSINESS,
    22  VOCATION, OTHER EMPLOYMENT, OR HAVE OTHER INTERESTS,
    23  INCONSISTENT WITH HIS OFFICIAL RESPONSIBILITIES, NOR SHALL HE
    24  SEEK OR ACCEPT EMPLOYMENT WITH ANY "PERSON" OR "CORPORATION," AS
    25  DEFINED IN SECTION 2 OF THE ACT OF MAY 28, 1937 (P.L.1053,
    26  NO.286), KNOWN AS THE "PUBLIC UTILITY LAW," SUBJECT TO THE
    27  AUTHORITY OF THE COMMISSION DURING THE TENURE OF THE APPOINTMENT
    28  AND FOR A PERIOD OF TWO YEARS AFTER THE APPOINTMENT IS SERVED OR
    29  TERMINATED.
    30     (D)  ANY INDIVIDUAL WHO IS APPOINTED TO THE POSITION OF
    19750H0175B2911                  - 8 -

     1  CONSUMER ADVOCATE SHALL NOT SEEK ELECTION NOR ACCEPT APPOINTMENT
     2  TO ANY POLITICAL OFFICE DURING THE TENURE AS CONSUMER ADVOCATE
     3  AND FOR A PERIOD OF TWO YEARS AFTER THE APPOINTMENT IS SERVED OR
     4  TERMINATED.
     5     SECTION 903-A.  ASSISTANT CONSUMER ADVOCATES; EMPLOYEES.--THE
     6  ATTORNEY GENERAL SHALL APPOINT ATTORNEYS AS ASSISTANT CONSUMER
     7  ADVOCATES AND SUCH ADDITIONAL CLERICAL, TECHNICAL AND
     8  PROFESSIONAL STAFF AS MAY BE APPROPRIATE, AND MAY CONTRACT FOR
     9  SUCH ADDITIONAL SERVICES AS SHALL BE NECESSARY FOR THE
    10  PERFORMANCE OF HIS FUNCTION. THE COMPENSATION OF ASSISTANT
    11  CONSUMER ADVOCATES AND SUCH CLERICAL, TECHNICAL AND PROFESSIONAL
    12  STAFF SHALL BE SET BY THE ATTORNEY GENERAL. NO ASSISTANT
    13  CONSUMER ADVOCATE OR OTHER STAFF EMPLOYE SHALL, WHILE SERVING IN
    14  SUCH POSITION, ENGAGE IN ANY BUSINESS, VOCATION, OTHER
    15  EMPLOYMENT, OR HAVE OTHER INTERESTS, INCONSISTENT WITH HIS
    16  OFFICIAL RESPONSIBILITIES.
    17     SECTION 904-A.  POWERS AND DUTIES OF THE CONSUMER ADVOCATE.--
    18  (A) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON HIM BY
    19  THIS ACT, THE CONSUMER ADVOCATE IS AUTHORIZED, AND IT SHALL BE
    20  HIS DUTY, IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS ACT,
    21  TO REPRESENT THE INTEREST OF CONSUMERS AS A PARTY, OR OTHERWISE
    22  PARTICIPATE FOR THE PURPOSE OF REPRESENTING AN INTEREST OF
    23  CONSUMERS, BEFORE THE COMMISSION IN ANY MATTER PROPERLY BEFORE
    24  THE COMMISSION, AND BEFORE ANY COURT OR AGENCY, INITIATING
    25  PROCEEDINGS IF IN HIS JUDGMENT SUCH MAY BE NECESSARY, IN
    26  CONNECTION WITH ANY MATTER INVOLVING REGULATION BY THE
    27  COMMISSION OR THE CORRESPONDING REGULATORY AGENCY OF THE UNITED
    28  STATES WHETHER ON APPEAL OR OTHERWISE INITIATED.
    29     (B)  THE CONSUMER ADVOCATE MAY EXERCISE DISCRETION IN
    30  DETERMINING THE INTERESTS OF CONSUMERS WHICH WILL BE ADVOCATED
    19750H0175B2911                  - 9 -

     1  IN ANY PARTICULAR PROCEEDING AND IN DETERMINING WHETHER OR NOT
     2  TO PARTICIPATE IN OR INITIATE ANY PARTICULAR PROCEEDING AND, IN
     3  SO DETERMINING, SHALL CONSIDER THE PUBLIC INTEREST, THE
     4  RESOURCES AVAILABLE AND THE SUBSTANTIALITY OF THE EFFECT OF THE
     5  PROCEEDING ON THE INTEREST OF CONSUMERS. THE CONSUMER ADVOCATE
     6  MAY REFRAIN FROM INTERVENING WHEN IN THE JUDGMENT OF THE
     7  CONSUMER ADVOCATE SUCH IS NOT NECESSARY TO REPRESENT ADEQUATELY
     8  THE INTEREST OF CONSUMERS.
     9     (C)  IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON HIM BY
    10  THIS ACT, THE CONSUMER ADVOCATE IS AUTHORIZED TO REPRESENT AN
    11  INTEREST OF CONSUMERS WHICH IS PRESENTED TO HIM FOR HIS
    12  CONSIDERATION UPON PETITION IN WRITING BY A SUBSTANTIAL NUMBER
    13  OF PERSONS, WHO MAKE DIRECT USE OR ARE ULTIMATE RECIPIENTS OF A
    14  PRODUCT OR SERVICE SUPPLIED BY A PERSON, CORPORATION, OR
    15  MUNICIPAL CORPORATION SUBJECT TO REGULATION BY THE COMMISSION.
    16  THE CONSUMER ADVOCATE SHALL NOTIFY THE PRINCIPAL SPONSORS OF ANY
    17  SUCH PETITION WITHIN A REASONABLE TIME AFTER RECEIPT OF ANY SUCH
    18  PETITION OF THE ACTION TAKEN OR INTENDED TO BE TAKEN BY HIM WITH
    19  RESPECT TO THE INTEREST OF CONSUMERS PRESENTED IN SUCH PETITION.
    20  IF THE CONSUMER ADVOCATE DECLINES OR IS UNABLE TO REPRESENT SUCH
    21  INTEREST, HE SHALL NOTIFY SUCH SPONSORS AND SHALL STATE HIS
    22  REASONS THEREFOR.
    23     (D)  ANY ACTION BROUGHT BY THE CONSUMER ADVOCATE BEFORE A
    24  COURT OR AN AGENCY OF THIS COMMONWEALTH SHALL BE BROUGHT IN THE
    25  NAME OF THE CONSUMER ADVOCATE. THE CONSUMER ADVOCATE MAY NAME A
    26  CONSUMER OR GROUP OF CONSUMERS IN WHOSE NAME THE ACTION MAY BE
    27  BROUGHT OR MAY JOIN WITH A CONSUMER OR GROUP OF CONSUMERS IN
    28  BRINGING THE ACTION.
    29     (E)  AT SUCH TIME AS THE CONSUMER ADVOCATE DETERMINES, IN
    30  ACCORDANCE WITH APPLICABLE TIME LIMITATIONS, TO INITIATE,
    19750H0175B2911                 - 10 -

     1  INTERVENE, OR OTHERWISE PARTICIPATE IN ANY COMMISSION, AGENCY,
     2  OR COURT PROCEEDING, HE SHALL ISSUE PUBLICLY A WRITTEN
     3  STATEMENT, A COPY OF WHICH HE SHALL FILE IN THE PROCEEDING IN
     4  ADDITION TO ANY REQUIRED ENTRY OF HIS APPEARANCE, STATING
     5  CONCISELY THE SPECIFIC INTEREST OF CONSUMERS TO BE PROTECTED.
     6     SECTION 905-A.  DUTIES OF THE COMMISSION.--IN DEALING WITH
     7  ANY PROPOSED ACTION WHICH MAY SUBSTANTIALLY AFFECT THE INTEREST
     8  OF CONSUMERS, INCLUDING BUT NOT LIMITED TO A PROPOSED CHANGE OF
     9  RATES AND THE ADOPTION OF RULES, REGULATIONS, GUIDELINES,
    10  ORDERS, STANDARDS OR FINAL POLICY DECISIONS, THE COMMISSION
    11  SHALL:
    12     (1)  NOTIFY THE CONSUMER ADVOCATE WHEN NOTICE OF THE PROPOSED
    13  ACTION IS GIVEN TO THE PUBLIC OR AT A TIME FIXED BY AGREEMENT
    14  BETWEEN THE CONSUMER ADVOCATE AND THE COMMISSION IN A MANNER TO
    15  ASSURE THE CONSUMER ADVOCATE REASONABLE NOTICE AND ADEQUATE TIME
    16  TO DETERMINE WHETHER TO INTERVENE IN SUCH MATTER.
    17     (2)  CONSISTENT WITH ITS OTHER STATUTORY RESPONSIBILITIES,
    18  TAKE SUCH ACTION WITH DUE CONSIDERATION TO THE INTEREST OF
    19  CONSUMERS.
    20     SECTION 906-A.  SAVINGS PROVISION; CONSTRUCTION.--(A) NOTHING
    21  CONTAINED HEREIN SHALL IN ANY WAY LIMIT THE RIGHT OF ANY
    22  CONSUMER TO BRING A PROCEEDING BEFORE EITHER THE COMMISSION OR A
    23  COURT.
    24     (B)  NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO IMPAIR
    25  THE STATUTORY AUTHORITY OR RESPONSIBILITY OF THE COMMISSION TO
    26  REGULATE PUBLIC UTILITIES IN THE PUBLIC INTEREST.
    27     SECTION 907-A.  REPORTS.--THE CONSUMER ADVOCATE SHALL
    28  ANNUALLY TRANSMIT TO THE GOVERNOR AND THE ATTORNEY GENERAL AND
    29  TO THE GENERAL ASSEMBLY AND SHALL MAKE AVAILABLE TO THE PUBLIC
    30  AN ANNUAL REPORT ON THE CONDUCT OF THE DEPARTMENT. THE CONSUMER
    19750H0175B2911                 - 11 -

     1  ADVOCATE SHALL MAKE RECOMMENDATIONS AS MAY FROM TIME TO TIME BE
     2  NECESSARY OR DESIRABLE TO PROTECT THE INTEREST OF CONSUMERS.
     3     SECTION 2.  THE SUM OF $250,000 OR AS MUCH AS MAY BE           <--
     4  NECESSARY IS APPROPRIATED FROM THE GENERAL FUND TO THE
     5  DEPARTMENT OF JUSTICE FOR THE FISCAL YEAR 1975 TO 1976 FOR THE
     6  PURPOSE OF ESTABLISHING AND OPERATING AN OFFICE OF CONSUMER
     7  ADVOCATE.
     8     SECTION 3. 2.  IF ANY PROVISION OF THIS ACT IS DECLARED        <--
     9  UNCONSTITUTIONAL OR THE APPLICABILITY THEREOF TO ANY PERSON OR
    10  CIRCUMSTANCE IS HELD INVALID, THE CONSTITUTIONALITY AND
    11  EFFECTIVENESS OF THE REMAINDER OF THIS ACT AND THE APPLICABILITY
    12  THEREOF TO ANY PERSONS AND CIRCUMSTANCES SHALL NOT BE AFFECTED
    13  THEREBY.
    14     SECTION 4. 3.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.          <--











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