House Amendment 1445 PAG LIN 1 1 Amend the amendment, H=1375, to House File 712 as 1 2 follows: 1 3 #1. Page 1, line 8, by striking the word 1 4 <economic> and inserting the following: 1 5 <compensatory>. 1 6 #2. Page 1, line 10, by inserting after the word 1 7 <amount.> the following: <"Actual damages" does not 1 8 include damages for bodily injury, pain and suffering, 1 9 mental distress, loss of consortium, loss of life, or 1 10 loss of enjoyment of life.> 1 11 #3. Page 1, by striking lines 31 and 32 and 1 12 inserting the following: 1 13 <1. A person shall not engage in an>. 1 14 #4. Page 2, by striking lines 36 through 38 and 1 15 inserting the following: <association, savings bank, 1 16 or credit union.> 1 17 #5. Page 3, by striking lines 1 through 35 and 1 18 inserting the following: 1 19 <c. In connection with an advertisement that 1 20 violates this chapter, the newspaper, magazine, 1 21 publication, or other print media in which the 1 22 advertisement appears, including the publisher of the 1 23 newspaper, magazine, publication, or other print media 1 24 in which the advertisement appears, or the radio 1 25 station, television station, or other electronic media 1 26 which disseminates the advertisement, including an 1 27 employee, agent, or representative of the publisher, 1 28 newspaper, magazine, publication or other print media, 1 29 or the radio station, television station, or other 1 30 electronic media. 1 31 d. The provision of local exchange carrier 1 32 telephone service pursuant to a certificate issued 1 33 under section 476.29. 1 34 e. Public utilities as defined in section 476.1 1 35 that furnish gas by a piped distribution system or 1 36 electricity to the public for compensation when 1 37 engaged in activities subject to regulation by the 1 38 utilities board pursuant to chapter 476. 1 39 f. Any advertisement that complies with the 1 40 statutes, rules, and regulations of the federal trade 1 41 commission. 1 42 g. Conduct that is required or permitted by the 1 43 orders or rules of, or a statute administered by, a 1 44 federal, state, or local governmental agency. 1 45 h. An affirmative act that violates this chapter 1 46 but is specifically required by other applicable law, 1 47 to the extent that the actor could not reasonably 1 48 avoid a violation of this chapter. 1 49 i. In any action relating to a charitable 1 50 solicitation, an individual who has engaged in the 2 1 charitable solicitation as an unpaid, uncompensated 2 2 volunteer and who does not receive monetary gain of 2 3 any sort from engaging in the solicitation.> 2 4 #6. Page 5, by inserting after line 9 the 2 5 following: 2 6 <7. A person shall not be held liable in any 2 7 action brought under this section for a violation of 2 8 this chapter if the person shows by a preponderance of 2 9 the evidence that the violation was not intentional 2 10 and resulted from a bona fide error notwithstanding 2 11 the maintenance of procedures reasonably adopted to 2 12 avoid the error.> 2 13 #7. Page 6, by striking lines 3 through 9. 2 14 #8. Page 6, line 10, by striking the figure 2 15 <714H.8> and inserting the following: <714H.7>. 2 16 #9. By renumbering as necessary. 2 17 2 18 2 19 2 20 SWAIM of Davis 2 21 2 22 2 23 2 24 PALMER of Mahaska 2 25 2 26 2 27 2 28 R. OLSON of Polk 2 29 HF 712.206 83 2 30 rh/rj/23379 -1-