House Amendment 1589 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, or loss of consortium.> 1 10 #3. Page 1, by striking lines 31 and 32 and 1 11 inserting the following: 1 12 <1. A person shall not engage in an>. 1 13 #4. Page 2, by striking lines 36 through 38 and 1 14 inserting the following: <association, savings bank, 1 15 or credit union.> 1 16 #5. Page 3, by striking lines 1 through 35 and 1 17 inserting the following: 1 18 <c. In connection with an advertisement that 1 19 violates this chapter, the newspaper, magazine, 1 20 publication, or other print media in which the 1 21 advertisement appears, including the publisher of the 1 22 newspaper, magazine, publication, or other print media 1 23 in which the advertisement appears, or the radio 1 24 station, television station, or other electronic media 1 25 which disseminates the advertisement, including an 1 26 employee, agent, or representative of the publisher, 1 27 newspaper, magazine, publication or other print media, 1 28 or the radio station, television station, or other 1 29 electronic media. 1 30 d. The provision of local exchange carrier 1 31 telephone service pursuant to a certificate issued 1 32 under section 476.29. 1 33 e. Public utilities as defined in section 476.1 1 34 that furnish gas by a piped distribution system or 1 35 electricity to the public for compensation when 1 36 engaged in activities subject to regulation by the 1 37 utilities board pursuant to chapter 476. 1 38 f. Any advertisement that complies with the 1 39 statutes, rules, and regulations of the federal trade 1 40 commission. 1 41 g. Conduct that is required or permitted by the 1 42 orders or rules of, or a statute administered by, a 1 43 federal, state, or local governmental agency. 1 44 h. An affirmative act that violates this chapter 1 45 but is specifically required by other applicable law, 1 46 to the extent that the actor could not reasonably 1 47 avoid a violation of this chapter. 1 48 i. In any action relating to a charitable 1 49 solicitation, an individual who has engaged in the 1 50 charitable solicitation as an unpaid, uncompensated 2 1 volunteer and who does not receive monetary gain of 2 2 any sort from engaging in the solicitation.> 2 3 #6. Page 5, by inserting after line 9 the 2 4 following: 2 5 <7. A person shall not be held liable in any 2 6 action brought under this section for a violation of 2 7 this chapter if the person shows by a preponderance of 2 8 the evidence that the violation was not intentional 2 9 and resulted from a bona fide error notwithstanding 2 10 the maintenance of procedures reasonably adopted to 2 11 avoid the error.> 2 12 #7. Page 6, by striking lines 3 through 9. 2 13 #8. Page 6, line 10, by striking the figure 2 14 <714H.8> and inserting the following: <714H.7>. 2 15 #9. By renumbering as necessary. 2 16 2 17 2 18 2 19 SWAIM of Davis 2 20 2 21 2 22 2 23 PALMER of Mahaska 2 24 2 25 2 26 2 27 R. OLSON of Polk 2 28 HF 712.504 83 2 29 rh/rj/23366 -1-