SENATE AMENDED
PRIOR PRINTER'S NOS. 180, 488, 648, PRINTER'S NO. 3114
853, 2799, 2911, 3008
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 KURY, CONSUMER AFFAIRS, IN SENATE, RE-REPORTED AS
AMENDED, APRIL 7, 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 FOR A LIMITED
24 PIEROD; AND IMPOSING POWERS AND DUTIES. AND MAKING AN <--
1 APPROPRIATION.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short Title.--This act shall be known and may be <--
5 cited as the "Consumer Advocate Act."
6 Section 2. Definitions.--As used in this act:
7 "Commission" means the Pennsylvania Public Utility
8 Commission.
9 "Consumer" means any person (i) who makes a direct use or is
10 the ultimate recipient of a product or a service supplied by any
11 person subject to a regulatory agency or (ii) who may be a
12 direct user or ultimate recipient of a product or service
13 supplied by any person subject to a regulatory agency and may be
14 affected in any way by any action within the authority of a
15 regulatory agency. The term "consumer" includes any "consumer"
16 as defined in the act of April 28, 1937 (P.L.417, No.105), known
17 as the "Milk Marketing Law," and any "insured" as used in the
18 act of June 11, 1947 (P.L.538, No.246), known as "The Casualty
19 and Surety Rate Regulatory Act," and the act of June 11, 1947
20 (P.L.551, No.247), known as "The Fire, Marine and Inland Marine
21 Rate Regulatory Act," and any "person" or "corporation" as
22 defined in section 2 of the act of May 28, 1937 (P.L.1053,
23 No.286), known as the "Public Utility Law."
24 "Department" means the Department of Consumer Advocate.
25 "Public utility" means public utility as defined in section
26 2(17), act of May 28, 1937 (P.L.1053, No.286), known as the
27 "Public Utility Law."
28 "Regulatory agencies" means the Milk Marketing Board, the
29 Pennsylvania Public Utility Commission and the Insurance
30 Department.
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1 Section 3. Department of Consumer Advocate Established.--(a)
2 There is hereby established the Department of Consumer Advocate
3 to represent the interest of consumers before State Regulatory
4 Agencies of this Commonwealth.
5 (b) There is hereby established within the Department of
6 Consumer Advocate an office known as the Office of Farm Advocacy
7 whose sole interest and function shall be to promote the views
8 and interests of primary producers of farm products before the
9 Milk Marketing Board.
10 Section 4. Department of Consumer Advocate.--The Department
11 of Consumer Advocate shall be headed by the Consumer Advocate
12 who shall be appointed by the Governor and shall serve at the
13 pleasure of the Governor. The Consumer Advocate shall be a
14 person who by reason of training, experience and attainment is
15 qualified to represent the interest of consumers. His
16 compensation shall be set by the Executive Board as defined in
17 sections 204 and 709, act of April 9, 1929 (P.L.177, No.175),
18 known as "The Administrative Code of 1929." The salary of the
19 Consumer Advocate shall not exceed $40,000 per annum.
20 No individual who serves as a Consumer Advocate shall seek or
21 accept employment in any industry or business subject to the
22 authority of the Consumer Advocate during the tenure of the
23 appointment and for a period of two years immediately subsequent
24 to the appointment.
25 Any individual who is appointed to the position of Consumer
26 Advocate shall not seek election nor accept appointment to any
27 political office during the tenure as Consumer Advocate and for
28 a period of two years after the appointment is served or
29 terminated.
30 Section 5. Assistant Consumer Advocates; Employees.--The
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1 Consumer Advocate shall appoint with the approval of the
2 Governor, attorneys as assistant consumer advocates and such
3 additional clerical, technical and professional staff as may be
4 appropriate, and may contract for such additional services as
5 shall be necessary for the performance of his function. The
6 compensation of assistant consumer advocates and such clerical,
7 technical and professional staff shall be set by the Executive
8 Board.
9 Section 6. Powers and Duties of the Consumer Advocate.--(a)
10 The Consumer Advocate shall have the power and the duty to
11 represent the interest of consumers before the regulatory
12 agencies in any matter properly before such agencies, initiating
13 proceedings if in his judgment such may be necessary, and before
14 any court in connection with any matter involving regulation by
15 the regulatory agencies, whether on appeal or otherwise
16 initiated. Specifically and without limitation, the Consumer
17 Advocate shall be an affected party before each regulatory
18 agency and an aggrieved party on appeal from any action or
19 decision by a regulatory agency.
20 The Consumer Advocate shall have the power and duty to
21 investigate and represent the consumer's interest upon
22 complaints by consumers concerning the quality, availability,
23 price and service of any corporation, partnership, sole
24 proprietorship, association or other business entity which
25 produces, processes, mines or distributes energy sources.
26 (b) The Consumer Advocate may exercise discretion in
27 determining the interests of consumers which will be advocated
28 in any particular proceeding and in determining whether or not
29 to participate in or initiate any particular proceeding and in
30 so determining, shall consider the public interest, the
19750H0175B3114 - 4 -
1 resources available and the substantiality of the effect of the
2 proceeding on the interest of consumers. The Consumer Advocate
3 may refrain from intervening when in the judgment of the
4 Consumer Advocate such is not necessary to represent adequately
5 the interest of consumers except that the Office of Farm
6 Advocacy shall intervene in all proceedings before the Milk
7 Marketing Board for the benefit of the primary producers of
8 milk. Upon petition of 20% or 2,500 of the consumers, whichever
9 is less, who make direct use or are ultimate recipients of a
10 product or service supplied by a person subject to a regulatory
11 agency, the Consumer Advocate shall participate in a proceeding
12 involving such person.
13 (c) Any action brought by the Consumer Advocate before a
14 court or an agency of this Commonwealth shall be brought in the
15 name of the person serving as Consumer Advocate and shall not be
16 brought in the name of the Commonwealth. The Consumer Advocate
17 may name a consumer or group of consumers in whose name the
18 action may be brought or may join with a consumer or group of
19 consumers in bringing the action.
20 (d) The Office of Farm Advocacy shall not be construed as
21 creating a conflict of interest within the Department of
22 Consumer Advocate. In addition the Office of Farm Advocacy shall
23 receive an appropriation equal to the amount of funds spent by
24 the Consumer Advocate in any proceedings before the Milk
25 Marketing Board.
26 Section 7. Reports.--The Consumer Advocate shall annually
27 transmit to the Governor and the General Assembly and shall make
28 available to the public an annual report on the conduct of the
29 department. The Consumer Advocate shall make recommendations as
30 may from time to time be necessary or desirable to protect the
19750H0175B3114 - 5 -
1 interest of consumers.
2 Section 8. Subpoenas.--(a) Whenever the Consumer Advocate
3 has reason to believe that any person may have knowledge, or be
4 in possession, custody or control of any documentary material,
5 pertinent to a pending proposal or proceeding before a
6 regulatory agency, the Consumer Advocate may issue in writing
7 and cause to be served upon the person a subpoena which:
8 (1) compels the attendance of such person and requires that
9 person to submit to examination and give testimony under oath;
10 (2) requires the production of documentary material
11 pertinent to the investigation for inspection or copying; and
12 (3) requires answers to written interrogatories to be
13 furnished under oath.
14 (b) The Consumer Advocate may issue successive subpoenas to
15 the same person in order to obtain additional information
16 pertinent to an ongoing proceeding.
17 (c) Any subpoena issued hereunder shall be subject to
18 invalidation by the appropriate regulatory agency upon good and
19 proper cause shown filed within ten days of its service, except
20 that any such invalidation shall be subject to immediate appeal
21 by the Department of Consumer Advocate to the Commonwealth
22 Court.
23 Section 9. Duties of Regulatory Agencies.--In dealing with
24 any proposed action which may substantially affect the interest
25 of consumers, including but not limited to a proposed change of
26 rates and the adoption of rules, regulations, guidelines,
27 orders, standards or final policy decisions, each regulatory
28 agency shall:
29 (1) Notify the Consumer Advocate when notice of the proposed
30 action is given to the public or at a time fixed by agreement
19750H0175B3114 - 6 -
1 between the Consumer Advocate and the regulatory agency in a
2 manner to assure the Consumer Advocate reasonable notice and
3 adequate time to determine whether to intervene in such matter.
4 (2) Consistent with its other statutory responsibilities,
5 take such action with due consideration to the interest of
6 consumers.
7 Section 10. Savings Provision; Construction.--(a) Nothing
8 contained herein shall in any way limit the right of any
9 consumer to bring a proceeding before either a regulatory agency
10 or a court.
11 (b) Nothing contained herein shall be construed to impair
12 the statutory authority or responsibility of any regulatory
13 agency to protect and promote the interest of consumers.
14 Section 11. General Fund Appropriation.--The sum of $200,000
15 for the fiscal year ending June 30, 1975 is hereby appropriated
16 to the Department of Consumer Advocate.
17 Section 12. Effective Date.--This act shall take effect
18 immediately.
19 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
20 AS "THE ADMINISTRATIVE CODE OF 1929," IS AMENDED BY ADDING AN
21 ARTICLE TO READ:
22 ARTICLE IX-A
23 OFFICE OF CONSUMER ADVOCATE
24 SECTION 901-A. DEFINITIONS.--AS USED IN THIS ARTICLE:
25 "COMMISSION" MEANS THE PENNSYLVANIA PUBLIC UTILITY
26 COMMISSION.
27 "CONSUMER" MEANS ANY PERSON (I) WHO MAKES A DIRECT USE OR IS
28 THE ULTIMATE RECIPIENT OF A PRODUCT OR A SERVICE SUPPLIED BY ANY
29 PERSON OR PUBLIC UTILITY SUBJECT TO THE AUTHORITY OF THE
30 COMMISSION OR (II) WHO MAY BE A DIRECT USER OR ULTIMATE
19750H0175B3114 - 7 -
1 RECIPIENT OF A PRODUCT OR SERVICE SUPPLIED BY ANY PERSON OR
2 PUBLIC UTILITY SUBJECT TO THE AUTHORITY OF THE COMMISSION AND
3 MAY BE AFFECTED IN ANY WAY BY ANY ACTION WITHIN THE AUTHORITY OF
4 THE COMMISSION. THE TERM "CONSUMER" INCLUDES ANY "PERSON,"
5 "CORPORATION" OR "MUNICIPAL CORPORATION" AS DEFINED IN SECTION 2
6 OF THE ACT OF MAY 28, 1937 (P.L.1053, NO.286), KNOWN AS THE
7 "PUBLIC UTILITY LAW."
8 "PUBLIC UTILITY" MEANS PUBLIC UTILITY AS DEFINED IN SECTION
9 2(17), ACT OF MAY 28, 1937 (P.L.1053, NO.286), KNOWN AS THE
10 "PUBLIC UTILITY LAW."
11 SECTION 902-A. OFFICE OF CONSUMER ADVOCATE.--(A) THERE IS
12 HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF JUSTICE AN OFFICE OF
13 CONSUMER ADVOCATE TO REPRESENT THE INTEREST OF CONSUMERS BEFORE
14 THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
15 (B) THE OFFICE OF CONSUMER ADVOCATE SHALL BE HEADED BY A
16 CONSUMER ADVOCATE WHO SHALL BE APPOINTED BY THE ATTORNEY GENERAL <--
17 WITH THE APPROVAL OF THE GOVERNOR GOVERNOR, BY AND WITH THE
18 ADVICE AND CONSENT OF TWO-THIRDS OF THE MEMBERS ELECTED TO THE
19 SENATE. THE CONSUMER ADVOCATE SHALL BE A PERSON WHO BY REASON OF
20 TRAINING, EXPERIENCE AND ATTAINMENT IS QUALIFIED TO REPRESENT
21 THE INTEREST OF CONSUMERS. COMPENSATION SHALL BE SET BY THE
22 ATTORNEY GENERAL.
23 (C) NO INDIVIDUAL WHO SERVES AS A CONSUMER ADVOCATE SHALL,
24 WHILE SERVING IN SUCH POSITION, ENGAGE IN ANY BUSINESS,
25 VOCATION, OTHER EMPLOYMENT, OR HAVE OTHER INTERESTS,
26 INCONSISTENT WITH HIS OFFICIAL RESPONSIBILITIES, NOR SHALL HE
27 SEEK OR ACCEPT EMPLOYMENT WITH ANY "PERSON" OR "CORPORATION," AS
28 DEFINED IN SECTION 2 OF THE ACT OF MAY 28, 1937 (P.L.1053,
29 NO.286), KNOWN AS THE "PUBLIC UTILITY LAW," SUBJECT TO THE
30 AUTHORITY OF THE COMMISSION DURING THE TENURE OF THE APPOINTMENT
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1 AND FOR A PERIOD OF TWO YEARS AFTER THE APPOINTMENT IS SERVED OR
2 TERMINATED.
3 (D) ANY INDIVIDUAL WHO IS APPOINTED TO THE POSITION OF
4 CONSUMER ADVOCATE SHALL NOT SEEK ELECTION NOR ACCEPT APPOINTMENT
5 TO ANY POLITICAL OFFICE DURING THE TENURE AS CONSUMER ADVOCATE
6 AND FOR A PERIOD OF TWO YEARS AFTER THE APPOINTMENT IS SERVED OR
7 TERMINATED.
8 SECTION 903-A. ASSISTANT CONSUMER ADVOCATES; EMPLOYEES.--THE
9 ATTORNEY GENERAL SHALL APPOINT ATTORNEYS AS ASSISTANT CONSUMER
10 ADVOCATES AND SUCH ADDITIONAL CLERICAL, TECHNICAL AND
11 PROFESSIONAL STAFF AS MAY BE APPROPRIATE, AND MAY CONTRACT FOR
12 SUCH ADDITIONAL SERVICES AS SHALL BE NECESSARY FOR THE
13 PERFORMANCE OF HIS FUNCTION. THE COMPENSATION OF ASSISTANT
14 CONSUMER ADVOCATES AND SUCH CLERICAL, TECHNICAL AND PROFESSIONAL
15 STAFF SHALL BE SET BY THE ATTORNEY GENERAL. NO ASSISTANT
16 CONSUMER ADVOCATE OR OTHER STAFF EMPLOYE SHALL, WHILE SERVING IN
17 SUCH POSITION, ENGAGE IN ANY BUSINESS, VOCATION, OTHER
18 EMPLOYMENT, OR HAVE OTHER INTERESTS, INCONSISTENT WITH HIS
19 OFFICIAL RESPONSIBILITIES.
20 SECTION 904-A. POWERS AND DUTIES OF THE CONSUMER ADVOCATE.--
21 (A) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON HIM BY
22 THIS ACT, THE CONSUMER ADVOCATE IS AUTHORIZED, AND IT SHALL BE
23 HIS DUTY, IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS ACT,
24 TO REPRESENT THE INTEREST OF CONSUMERS AS A PARTY, OR OTHERWISE
25 PARTICIPATE FOR THE PURPOSE OF REPRESENTING AN INTEREST OF
26 CONSUMERS, BEFORE THE COMMISSION IN ANY MATTER PROPERLY BEFORE
27 THE COMMISSION, AND BEFORE ANY COURT OR AGENCY, INITIATING
28 PROCEEDINGS IF IN HIS JUDGMENT SUCH MAY BE NECESSARY, IN
29 CONNECTION WITH ANY MATTER INVOLVING REGULATION BY THE
30 COMMISSION OR THE CORRESPONDING REGULATORY AGENCY OF THE UNITED
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1 STATES WHETHER ON APPEAL OR OTHERWISE INITIATED.
2 (B) THE CONSUMER ADVOCATE MAY EXERCISE DISCRETION IN
3 DETERMINING THE INTERESTS OF CONSUMERS WHICH WILL BE ADVOCATED
4 IN ANY PARTICULAR PROCEEDING AND IN DETERMINING WHETHER OR NOT
5 TO PARTICIPATE IN OR INITIATE ANY PARTICULAR PROCEEDING AND, IN
6 SO DETERMINING, SHALL CONSIDER THE PUBLIC INTEREST, THE
7 RESOURCES AVAILABLE AND THE SUBSTANTIALITY OF THE EFFECT OF THE
8 PROCEEDING ON THE INTEREST OF CONSUMERS. THE CONSUMER ADVOCATE
9 MAY REFRAIN FROM INTERVENING WHEN IN THE JUDGMENT OF THE
10 CONSUMER ADVOCATE SUCH IS NOT NECESSARY TO REPRESENT ADEQUATELY
11 THE INTEREST OF CONSUMERS.
12 (C) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON HIM BY
13 THIS ACT, THE CONSUMER ADVOCATE IS AUTHORIZED TO REPRESENT AN
14 INTEREST OF CONSUMERS WHICH IS PRESENTED TO HIM FOR HIS
15 CONSIDERATION UPON PETITION IN WRITING BY A SUBSTANTIAL NUMBER
16 OF PERSONS, WHO MAKE DIRECT USE OR ARE ULTIMATE RECIPIENTS OF A
17 PRODUCT OR SERVICE SUPPLIED BY A PERSON, CORPORATION, OR
18 MUNICIPAL CORPORATION SUBJECT TO REGULATION BY THE COMMISSION.
19 THE CONSUMER ADVOCATE SHALL NOTIFY THE PRINCIPAL SPONSORS OF ANY
20 SUCH PETITION WITHIN A REASONABLE TIME AFTER RECEIPT OF ANY SUCH
21 PETITION OF THE ACTION TAKEN OR INTENDED TO BE TAKEN BY HIM WITH
22 RESPECT TO THE INTEREST OF CONSUMERS PRESENTED IN SUCH PETITION.
23 IF THE CONSUMER ADVOCATE DECLINES OR IS UNABLE TO REPRESENT SUCH
24 INTEREST, HE SHALL NOTIFY SUCH SPONSORS AND SHALL STATE HIS
25 REASONS THEREFOR.
26 (D) ANY ACTION BROUGHT BY THE CONSUMER ADVOCATE BEFORE A
27 COURT OR AN AGENCY OF THIS COMMONWEALTH SHALL BE BROUGHT IN THE
28 NAME OF THE CONSUMER ADVOCATE. THE CONSUMER ADVOCATE MAY NAME A
29 CONSUMER OR GROUP OF CONSUMERS IN WHOSE NAME THE ACTION MAY BE
30 BROUGHT OR MAY JOIN WITH A CONSUMER OR GROUP OF CONSUMERS IN
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1 BRINGING THE ACTION.
2 (E) AT SUCH TIME AS THE CONSUMER ADVOCATE DETERMINES, IN
3 ACCORDANCE WITH APPLICABLE TIME LIMITATIONS, TO INITIATE,
4 INTERVENE, OR OTHERWISE PARTICIPATE IN ANY COMMISSION, AGENCY,
5 OR COURT PROCEEDING, HE SHALL ISSUE PUBLICLY A WRITTEN
6 STATEMENT, A COPY OF WHICH HE SHALL FILE IN THE PROCEEDING IN
7 ADDITION TO ANY REQUIRED ENTRY OF HIS APPEARANCE, STATING
8 CONCISELY THE SPECIFIC INTEREST OF CONSUMERS TO BE PROTECTED.
9 SECTION 905-A. DUTIES OF THE COMMISSION.--IN DEALING WITH
10 ANY PROPOSED ACTION WHICH MAY SUBSTANTIALLY AFFECT THE INTEREST
11 OF CONSUMERS, INCLUDING BUT NOT LIMITED TO A PROPOSED CHANGE OF
12 RATES AND THE ADOPTION OF RULES, REGULATIONS, GUIDELINES,
13 ORDERS, STANDARDS OR FINAL POLICY DECISIONS, THE COMMISSION
14 SHALL:
15 (1) NOTIFY THE CONSUMER ADVOCATE WHEN NOTICE OF THE PROPOSED
16 ACTION IS GIVEN TO THE PUBLIC OR AT A TIME FIXED BY AGREEMENT
17 BETWEEN THE CONSUMER ADVOCATE AND THE COMMISSION IN A MANNER TO
18 ASSURE THE CONSUMER ADVOCATE REASONABLE NOTICE AND ADEQUATE TIME
19 TO DETERMINE WHETHER TO INTERVENE IN SUCH MATTER.
20 (2) CONSISTENT WITH ITS OTHER STATUTORY RESPONSIBILITIES,
21 TAKE SUCH ACTION WITH DUE CONSIDERATION TO THE INTEREST OF
22 CONSUMERS.
23 SECTION 906-A. SAVINGS PROVISION; CONSTRUCTION.--(A) NOTHING <--
24 CONTAINED HEREIN SHALL IN ANY WAY LIMIT THE RIGHT OF ANY
25 CONSUMER TO BRING A PROCEEDING BEFORE EITHER THE COMMISSION OR A
26 COURT. WHENEVER THE CONSUMER ADVOCATE SHALL BRING AN ACTION UPON <--
27 PETITION OF A SUBSTANTIAL NUMBER OF PERSONS OR IN THE NAME OF A
28 CONSUMER OR GROUP OF CONSUMERS, ANY CONSUMER REPRESENTED THEREIN
29 SHALL HAVE WAIVED THE RIGHT TO INITIATE OR INTERVENE IN THAT
30 PROCEEDING.
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1 (B) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO IMPAIR
2 THE STATUTORY AUTHORITY OR RESPONSIBILITY OF THE COMMISSION TO
3 REGULATE PUBLIC UTILITIES IN THE PUBLIC INTEREST.
4 SECTION 907-A. REPORTS.--THE CONSUMER ADVOCATE SHALL
5 ANNUALLY TRANSMIT TO THE GOVERNOR AND THE ATTORNEY GENERAL AND
6 TO THE GENERAL ASSEMBLY AND SHALL MAKE AVAILABLE TO THE PUBLIC
7 AN ANNUAL REPORT ON THE CONDUCT OF THE DEPARTMENT. THE CONSUMER
8 ADVOCATE SHALL MAKE RECOMMENDATIONS AS MAY FROM TIME TO TIME BE
9 NECESSARY OR DESIRABLE TO PROTECT THE INTEREST OF CONSUMERS.
10 SECTION 2. THE SUM OF $250,000 OR AS MUCH AS MAY BE <--
11 NECESSARY IS APPROPRIATED FROM THE GENERAL FUND TO THE
12 DEPARTMENT OF JUSTICE FOR THE FISCAL YEAR 1975 TO 1976 FOR THE
13 PURPOSE OF ESTABLISHING AND OPERATING AN OFFICE OF CONSUMER
14 ADVOCATE.
15 SECTION 3. 2. IF ANY PROVISION OF THIS ACT IS DECLARED <--
16 UNCONSTITUTIONAL OR THE APPLICABILITY THEREOF TO ANY PERSON OR
17 CIRCUMSTANCE IS HELD INVALID, THE CONSTITUTIONALITY AND
18 EFFECTIVENESS OF THE REMAINDER OF THIS ACT AND THE APPLICABILITY
19 THEREOF TO ANY PERSONS AND CIRCUMSTANCES SHALL NOT BE AFFECTED
20 THEREBY.
21 SECTION 4. 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS AND <--
22 SHALL EXPIRE JUNE 30, 1979 UNLESS THE GENERAL ASSEMBLY EXTENDS
23 ITS EXISTENCE PRIOR TO APRIL 1, 1979.
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