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

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