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PAG LIN 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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