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1 1 Amend the amendment, S-5489, to House File 2449, as
1 2 amended, passed, and reprinted by the House, as
1 3 follows:
1 4 #1. Page 7, by inserting after line 31 the
1 5 following:
1 6 "Sec. 100. Sections 200 through 600 of this Act
1 7 are created as a new division of chapter 56.
1 8 Sec. 200. NEW SECTION. 56.50 DEFINITIONS.
1 9 For purposes of applying provisions in this
1 10 division, unless the context otherwise requires:
1 11 1. "Board" means the truth in campaign practices
1 12 board.
1 13 2. "Candidate" means a person who has taken
1 14 affirmative action to seek nomination or election to a
1 15 state legislative office or to the office of governor,
1 16 lieutenant governor, secretary of state, auditor of
1 17 state, treasurer of state, attorney general, or
1 18 secretary of agriculture.
1 19 3. "Candidate's committee" means a candidate's
1 20 committee as defined in section 56.2.
1 21 4. "Negative statement" means a statement which
1 22 attacks the record, reputation, or integrity of a
1 23 candidate or which attacks the reputation or integrity
1 24 of a member of a candidate's immediate family. For
1 25 purposes of this chapter, a candidate's spouse,
1 26 children, parents, and siblings are members of a
1 27 candidate's immediate family.
1 28 5. "Political organization" means an organization
1 29 which is not a political party but which meets the
1 30 criteria established under section 44.1 for nomination
1 31 of candidates.
1 32 6. "Political party" means a political party under
1 33 section 43.2.
1 34 7. "Statement" means a public written, electronic,
1 35 or oral communication which is made or transmitted by
1 36 any means. For purposes of this section, a
1 37 communication is public if it is made or transmitted
1 38 in a manner that can be reasonably expected to result
1 39 in the statement being heard, read, or viewed by
1 40 members of the general public.
1 41 Sec. 300. NEW SECTION. 56.51 STATEMENTS BY OR
1 42 ABOUT CANDIDATES.
1 43 1. A candidate shall not make or cause to be made
1 44 untruthful or deliberately misleading statements
1 45 regarding a candidate. For purposes of this section,
1 46 a statement shall be deemed to have been caused by a
1 47 candidate if it is made by a candidate's designated
1 48 spokesperson, if it is contained in materials produced
1 49 or paid for by the candidate's committee, or if it is
1 50 contained in materials imputed to a candidate under
2 1 section 56.13.
2 2 2. A person who is not a candidate shall not
2 3 knowingly make untruthful or deliberately misleading
2 4 statements about a candidate.
2 5 3. If a candidate or candidate's committee pays
2 6 for or sponsors an oral negative statement about a
2 7 candidate, the statement shall be stated by the
2 8 candidate. For purposes of this section, a statement
2 9 which is imputed to a candidate under section 56.13 is
2 10 not sponsored by a candidate or candidate's committee.
2 11 Sec. 400. NEW SECTION. 56.52 TRUTH IN CAMPAIGN
2 12 PRACTICES BOARD.
2 13 1. A three-member truth in campaign practices
2 14 board is established as an independent agency to
2 15 investigate, review, and determine the truthfulness or
2 16 deliberately misleading nature of statements made by
2 17 candidates, and other persons in support or opposition
2 18 of a candidate as well as to investigate negative
2 19 statements made about candidates. Members of the
2 20 board shall be appointed by the chief justice of the
2 21 supreme court. Two members of the board shall be
2 22 affiliated with one of the two political parties whose
2 23 candidates for president of the United States or for
2 24 governor, as the case may be, received the largest and
2 25 next largest number of votes at the last general
2 26 election but neither shall be affiliated with the same
2 27 political party. The other member shall not be
2 28 affiliated with a political party, but may be
2 29 affiliated with a political organization.
2 30 2. Members shall serve staggered four-year terms,
2 31 which shall begin at 12:01 a.m. on May 1 in the year
2 32 of appointment and end at 12:00 midnight on April 30
2 33 in the year of expiration. Any vacancy on the board
2 34 shall be filled by appointment for the unexpired
2 35 portion of the term, within ninety days of the vacancy
2 36 and in accordance with the procedures for regular
2 37 appointments. A member of the board may be
2 38 reappointed to serve additional terms on the board.
2 39 Members may be removed in the same manner as provided
2 40 in section 69.15 except that once a vacancy or
2 41 resignation occurs, the governor shall notify the
2 42 chief justice of the supreme court, who shall make
2 43 another appointment.
2 44 3. The board shall annually elect one member to
2 45 serve as the chairperson of the board and one member
2 46 to serve as vice chairperson. The vice chairperson
2 47 shall act as the chairperson in the absence or
2 48 disability of the chairperson, or in the event of a
2 49 vacancy in that office.
2 50 4. Members of the board shall receive a per diem
3 1 as specified in section 7E.6 while conducting business
3 2 of the board, and payment of actual and necessary
3 3 expenses incurred in the performance of their duties.
3 4 Members of the board shall file statements of
3 5 financial interest under section 68B.35.
3 6 5. The board shall employ a full-time executive
3 7 director who shall be the board's chief administrative
3 8 officer. The board shall employ or contract for the
3 9 employment of legal counsel notwithstanding section
3 10 13.7, and may employ any other personnel as may be
3 11 necessary to carry out the duties of the board. The
3 12 board's legal counsel shall be the chief legal officer
3 13 of the board, and shall advise the board on all legal
3 14 matters relating to the administration of this
3 15 chapter. The state may be represented by the board's
3 16 legal counsel in any civil action regarding the
3 17 enforcement of this chapter or, at the board's
3 18 request, the state may be represented by the office of
3 19 the attorney general. Notwithstanding section 19A.3,
3 20 all of the board's employees, except for the executive
3 21 director and legal counsel, shall be employed subject
3 22 to the merit system provisions of chapter 19A.
3 23 Sec. 500. NEW SECTION. 56.53 DUTIES OF THE
3 24 BOARD.
3 25 The duties of the board shall include, but are not
3 26 limited to, all of the following:
3 27 1. Adopt rules pursuant to chapter 17A and conduct
3 28 investigations and hearings pursuant to section 56.54
3 29 and chapter 17A, as necessary to carry out the
3 30 purposes of this chapter.
3 31 2. Adopt rules pursuant to chapter 17A
3 32 establishing standards for truthfulness and avoidance
3 33 of making deliberately misleading statements in
3 34 campaign advertising by candidates under this chapter
3 35 and requiring candidates to personally utter negative
3 36 statements about candidates if the statement is paid
3 37 for by the candidate or candidate's committee.
3 38 3. Develop, prescribe, and furnish any forms
3 39 necessary for the implementation of the procedures
3 40 contained in this chapter for the filing and hearing
3 41 of complaints or the issuance of advisory opinions.
3 42 4. Establish and impose penalties and any other
3 43 recommendations for punishment of persons who are
3 44 subject to penalties of or punishment by the board for
3 45 failure to comply with the requirements of this
3 46 chapter.
3 47 5. Determine, in case of dispute, at what time a
3 48 person has become a candidate.
3 49 6. Preserve copies of complaints, requests, and
3 50 other information filed with the board for a period of
4 1 at least five years from the date of receipt.
4 2 7. Establish a procedure for requesting and
4 3 issuing formal and informal board opinions to
4 4 candidates and representatives of political parties
4 5 and political organizations. Following advice
4 6 contained in a formal board opinion shall constitute a
4 7 defense to a complaint based upon the same facts and
4 8 circumstances which is filed with the board and which
4 9 alleges a violation of this chapter or rules of the
4 10 board.
4 11 8. Establish a procedure for informing candidates
4 12 and other persons of the requirements of this chapter
4 13 and rules adopted by the board.
4 14 9. Establish fees, where necessary, to cover the
4 15 costs associated with preparing, printing, and
4 16 distributing materials to persons subject to the
4 17 authority of the board.
4 18 Sec. 600. NEW SECTION. 56.54 COMPLAINTS –
4 19 INVESTIGATIONS – HEARINGS.
4 20 1. A candidate, a representative of a candidate's
4 21 committee, or a representative of a political party or
4 22 political organization may file a complaint with the
4 23 board regarding the truthfulness or deliberately
4 24 misleading nature of any statement made or caused to
4 25 be made by a candidate or alleging that a candidate or
4 26 candidate's committee has paid for an oral negative
4 27 statement which was made by someone other than the
4 28 candidate. For purposes of this section, a statement
4 29 is caused to be made by a candidate if it is made by a
4 30 candidate's designated spokesperson, is contained in
4 31 materials produced or paid for by the candidate's
4 32 committee, as defined under chapter 56, or if it is
4 33 action or is a part of action which has been imputed
4 34 to the candidate under section 56.13.
4 35 2. A complaint shall include all of the following:
4 36 a. The name and address of the complainant.
4 37 b. If the allegation is that an untruthful or
4 38 deliberately misleading statement was made, a
4 39 recitation of the statement alleged to be untruthful
4 40 or deliberately misleading.
4 41 c. If the allegation is that a negative statement
4 42 was paid for or sponsored by a candidate or
4 43 candidate's committee and was made by a person other
4 44 than the candidate, a recitation of the negative
4 45 statement.
4 46 d. To the extent known, the time and place or
4 47 manner in which the statement was made.
4 48 e. If the statement complained of was made in
4 49 writing, a copy of the statement.
4 50 f. If the allegation is that an untruthful or
5 1 deliberately misleading statement was made, any
5 2 circumstances, other than the express language of the
5 3 statement, which cause the statement to be untruthful
5 4 or deliberately misleading.
5 5 g. The name and address, if known, of the
5 6 candidate or other person who made the statement.
5 7 h. If the allegation is that an untruthful or
5 8 deliberately misleading statement was made, a
5 9 statement of why or how the statement complained of is
5 10 untruthful or deliberately misleading.
5 11 i. A certification by the complainant under
5 12 penalty of perjury that the facts stated to be true
5 13 are true to the best of the complainant's knowledge.
5 14 j. Any other relevant information or sources of
5 15 information.
5 16 3. The board staff and legal counsel shall review
5 17 the complaint to determine if the complaint is
5 18 sufficient as to form and legal substance. Deficiency
5 19 as to form shall not preclude consideration of a
5 20 complaint. If the complaint is legally deficient, the
5 21 complaint shall be returned to the complainant with a
5 22 statement of the deficiency and shall not be
5 23 considered by the board until the deficiency is cured.
5 24 A legally sufficient complaint must meet all of the
5 25 following requirements:
5 26 a. Facts must be alleged that would establish
5 27 either that a candidate made or caused to be made an
5 28 untruthful or deliberately misleading statement about
5 29 another opposing candidate or that a candidate caused
5 30 an oral negative statement to be made by someone other
5 31 than the candidate.
5 32 b. The person making the complaint must be a
5 33 candidate or a representative of a political party or
5 34 political organization.
5 35 c. If the allegation is that an untruthful or
5 36 deliberately misleading statement was made, the
5 37 complaint must indicate why or demonstrate how the
5 38 statement is untruthful or deliberately misleading.
5 39 d. The complaint must be filed within sixty days
5 40 from the date on which the statement that is
5 41 complained of was made.
5 42 4. Upon receiving a legally sufficient complaint,
5 43 the board shall investigate or cause the investigation
5 44 of the facts alleged in the complaint. Once the
5 45 investigation is completed, the board shall meet and
5 46 make a determination as to whether the statement
5 47 violates the requirements of this chapter or rules
5 48 adopted by the board. The meeting shall be conducted
5 49 in the manner provided for contested cases under
5 50 chapter 17A. However, a preponderance of evidence
6 1 shall be required to support a finding that a
6 2 statement is untruthful or deliberately misleading.
6 3 In addition to holding meetings at which two or more
6 4 members are physically present, meetings may be held
6 5 electronically as provided under section 21.8.
6 6 Notwithstanding section 21.4, subsection 2, public
6 7 notice of the meetings of the board shall be made at a
6 8 reasonable time before the meeting, but no later than
6 9 eight hours before the time set for the meeting to
6 10 begin.
6 11 5. The board shall render its decision within
6 12 forty-eight hours of receiving a legally valid
6 13 complaint. If the forty-eight-hour period concludes
6 14 on a weekend or holiday, the decision shall be made by
6 15 the close of business hours on the next succeeding
6 16 business day. If the board finds that the statement
6 17 complained of was untruthful or deliberately
6 18 misleading or that an oral negative statement was made
6 19 by someone other than a candidate and was paid for by
6 20 the candidate or candidate's committee, the board's
6 21 decision shall include an order for any remedy, under
6 22 section 56A.6, that the board deems appropriate.
6 23 6. At any stage during the investigation or after
6 24 the filing of a complaint, the board may approve a
6 25 settlement regarding an allegedly untruthful or
6 26 deliberately misleading statement or negative
6 27 statement made by someone other than a candidate.
6 28 Terms of a settlement shall be reduced to writing and
6 29 be available for public inspection. In addition, the
6 30 board may authorize board staff to seek information in
6 31 voluntary compliance in routine matters brought to the
6 32 attention of the board or its staff.
6 33 7. A complaint shall be a public record. The
6 34 entire record of the board's action, including any
6 35 investigation, shall also be a public record.
6 36 Sec. 700. NEW SECTION. 56.55 REMEDIES.
6 37 1. If the board finds that a candidate or other
6 38 person has made or caused to be made an untruthful or
6 39 deliberately misleading statement, the board shall
6 40 require a retraction of the statement by any person
6 41 found to be responsible for making the statement or
6 42 causing the statement to be made, within a period of
6 43 time to be specified by the board, in the same manner
6 44 and at the same cost as the original statement. Any
6 45 retraction shall be approved by the board before it is
6 46 made public. The board shall inform the complainant
6 47 of any proposed retraction and permit the complainant
6 48 to submit comments prior to the board's decision on
6 49 approval or disapproval of the proposed language.
6 50 2. For any violations of this chapter or rules
7 1 adopted by the board, the board may impose one or more
7 2 of the following penalties:
7 3 a. Issue an order requiring the person to cease
7 4 and desist from the violation.
7 5 b. Issue an order requiring the violator to take
7 6 any remedial action deemed appropriate by the board.
7 7 c. Publicly reprimand the violator for violations
7 8 of this chapter or rules adopted by the board.
7 9 d. Issue an order requiring the violator to pay a
7 10 civil penalty of not more than fifty thousand dollars
7 11 for each violation of this chapter or rules adopted by
7 12 the board.
7 13 3. If a person fails to comply with an order of
7 14 the board under this section, the board may petition
7 15 the district court for an order for enforcement of the
7 16 order of the board. Judicial enforcement of orders of
7 17 the board shall be sought in accordance with chapter
7 18 17A.
7 19 4. At any stage in a proceeding, the board may
7 20 refer the complaint and supporting information to the
7 21 attorney general or appropriate county attorney with a
7 22 recommendation for prosecution or enforcement of
7 23 criminal penalties."
7 24 #2. By renumbering as necessary.
7 25
7 26
7 27
7 28 MARY LUNDBY
7 29 ANDY McKEAN
7 30 HF 2449.508 76
7 31 jls/jw
Text: S05542 Text: S05544 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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