SENATE AMENDED PRIOR PRINTER'S NOS. 180, 488, 648, PRINTER'S NO. 2911 853, 2799
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. <-- A24L54RLC/19750H0175B2911 - 12 -