House Amendment 1181 PAG LIN 1 1 Amend House File 551 as follows: 1 2 #1. Page 1, by inserting after line 9 the 1 3 following: 1 4 <Sec. . NEW SECTION. 68A.407 DISSEMINATION OF 1 5 CERTAIN FALSE STATEMENTS OF FACT AND CERTAIN 1 6 DEROGATORY STATEMENTS CONCERNING CANDIDATE PROHIBITED 1 7 == REMEDIES. 1 8 1. The general assembly finds that the increasing 1 9 use of false statements of fact and certain derogatory 1 10 statements aimed at candidates for public office 1 11 impedes campaigns and diminishes the trust and 1 12 confidence of the public in the electoral process. It 1 13 is not the intent of the general assembly to lessen 1 14 political debate that furthers the ability of the 1 15 public to understand the issues and positions of 1 16 candidates for public office. The general assembly 1 17 declares that a compelling state interest exists in 1 18 prohibiting the use of false statements of fact and 1 19 certain derogatory statements that impede campaigns 1 20 for public office in Iowa and diminish the public's 1 21 trust and confidence in the electoral process. 1 22 2. As used in this section: 1 23 a. "Actual malice" means knowledge of the falsity 1 24 of a statement or reckless disregard for whether a 1 25 statement is true or false. 1 26 b. "Disseminate" means the act of causing the 1 27 printing, posting, broadcasting, mailing, or other 1 28 publishing of a false statement of fact. 1 29 c. "Public office" means any state, county, city, 1 30 school, or other office of a political subdivision of 1 31 this state filled by election. 1 32 3. A person shall not, with actual malice, cause 1 33 to be disseminated a false statement of fact 1 34 concerning a candidate for public office involving any 1 35 of the following: 1 36 a. The education or training of the candidate. 1 37 b. The current profession or occupation of the 1 38 candidate or any former profession or occupation of 1 39 the candidate. 1 40 c. Whether the candidate committed, was indicted 1 41 for committing, or was convicted of committing a crime 1 42 punishable by law. 1 43 d. Whether the candidate was subject to discipline 1 44 or sanction by any body of the federal government, 1 45 state government, or political subdivision of the 1 46 state. 1 47 e. Whether the candidate has received treatment 1 48 for a mental illness. 1 49 f. Whether another person endorses or opposes the 1 50 candidate. 2 1 g. The record of voting of a candidate if the 2 2 candidate serves or formerly served in an elected 2 3 office. 2 4 4. A person shall not, with actual malice, cause 2 5 to be disseminated a derogatory statement involving a 2 6 candidate's race, creed, color, religion, national 2 7 origin, sex, age, or physical or mental disability, 2 8 which is intended to demean or belittle the candidate 2 9 and which has no rational relationship to the 2 10 candidate's ability or qualifications for public 2 11 office. 2 12 5. Any candidate for public office who alleges 2 13 that a false statement of fact or a derogatory 2 14 statement concerning the candidate has been 2 15 disseminated in violation of this section may file a 2 16 complaint with the board. The board shall give 2 17 priority consideration to any complaint filed under 2 18 this section over all other matters pending before the 2 19 board. 2 20 6. If the board determines that a violation did 2 21 occur, the board may impose any of the recommended 2 22 actions under section 68B.32D, except that the board 2 23 shall not refer any complaint or supporting 2 24 information of a violation of this section to the 2 25 attorney general or any county attorney for 2 26 prosecution. 2 27 7. This section shall not preclude the filing of a 2 28 civil action based on the same facts or event giving 2 29 rise to a complaint filed with the board under this 2 30 section. 2 31 8. A person shall not provide information to the 2 32 board, relating to the dissemination of a false 2 33 statement of fact or a derogatory statement under this 2 34 section, if the person has actual knowledge that the 2 35 information provided is not true. A person who 2 36 violates this subsection may be assessed a civil 2 37 penalty as provided in section 68B.32D, subsection 1, 2 38 paragraph "h". 2 39 9. Section 68A.701, which otherwise applies 2 40 criminal penalties for violations of this chapter, 2 41 shall not apply to violations of this section. 2 42 10. This section does not apply to a newspaper, 2 43 magazine, publication, or other print media in which 2 44 the dissemination of a false statement of fact or a 2 45 derogatory statement appears, or a radio station, 2 46 television station, or other electronic medium which 2 47 makes the dissemination of a false statement of fact 2 48 or a derogatory statement.> 2 49 #2. Title page, by striking lines 1 through 3 and 2 50 inserting the following: <An Act relating to the 3 1 public dissemination of certain information concerning 3 2 candidates for public office by requiring a specific 3 3 citation in published material, or in a radio or 3 4 television announcement, referencing a candidate's 3 5 voting record, prohibiting the dissemination of 3 6 certain false statements of fact and derogatory 3 7 statements made with actual malice, and providing 3 8 remedies.> 3 9 #3. By renumbering as necessary. 3 10 3 11 3 12 3 13 RAECKER of Polk 3 14 3 15 3 16 3 17 HUSER of Polk 3 18 3 19 3 20 3 21 ELGIN of Linn 3 22 3 23 3 24 3 25 JOCHUM of Dubuque 3 26 3 27 3 28 3 29 JACOBS of Polk 3 30 3 31 3 32 3 33 FORD of Polk 3 34 HF 551.702 81 3 35 jr/gg/200 -1-