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

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