Bill Text: IA HF2368 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act regulating veterans’ benefit services and related events, by requiring certain disclosures and making penalties applicable. (Formerly HSB 580.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-19 - Withdrawn. H.J. 615. [HF2368 Detail]
Download: Iowa-2017-HF2368-Introduced.html
House File 2368 - Introduced HOUSE FILE BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HSB 580) (COMPANION TO SF 2200 BY COMMITTEE ON VETERANS AFFAIRS) A BILL FOR 1 An Act regulating veterans' benefit services and related 2 events, by requiring certain disclosures and making 3 penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5341HV (1) 87 ec/rj PAG LIN 1 1 Section 1. Section 35A.5, subsection 18, Code 2018, is 1 2 amended by striking the subsection. 1 3 Sec. 2. NEW SECTION. 546B.1 Definitions. 1 4 When used in this chapter, unless the context otherwise 1 5 requires: 1 6 1. "Compensation" means money, property, or anything else 1 7 of value, which includes but is not limited to exclusive 1 8 arrangements or agreements for the provision of services or the 1 9 purchase of products. 1 10 2. "Person" includes, where applicable, natural persons, 1 11 corporations, trusts, unincorporated associations, and 1 12 partnerships. 1 13 3. "Trade or commerce" includes the marketing or sale 1 14 of assets, goods, or services, or any commerce directly or 1 15 indirectly affecting the people of this state. 1 16 4. "Veteran" means as defined in section 35.1. 1 17 5. "Veterans' benefit matter" means any preparation, 1 18 presentation, or prosecution of a claim affecting a person who 1 19 has filed or has expressed an intention to file an application 1 20 for determination of payment, service, commodity, function, 1 21 or status, entitlement to which is determined under laws 1 22 administered by the United States department of veterans 1 23 affairs or the Iowa department of veterans affairs pertaining 1 24 to veterans and their dependents or survivors. 1 25 Sec. 3. NEW SECTION. 546B.2 Advertising or promotion 1 26 disclosures. 1 27 1. A person who advertises or promotes any event, 1 28 presentation, seminar, workshop, or other public gathering 1 29 regarding veterans' benefits or entitlements shall include a 1 30 disclosure as provided in this section and must disseminate 1 31 the disclosure, both orally and in writing, at the beginning 1 32 of the event, presentation, seminar, workshop, or other public 1 33 gathering. The written disclosure must be in the same type 1 34 size and font as the term "veteran" or any variation of that 1 35 term as used in the advertisement or promotional materials 2 1 for the event, presentation, seminar, workshop, or public 2 2 gathering. 2 3 2. The disclosure required by this section shall be in the 2 4 following form: 2 5 This event is not sponsored by, or affiliated with, the 2 6 United States Department of Veterans Affairs, the Iowa 2 7 Department of Veterans Affairs, or any other congressionally 2 8 chartered or recognized organization of honorably discharged 2 9 members of the Armed Forces of the United States or any 2 10 of their auxiliaries. Products or services that may be 2 11 discussed at this event are not necessarily endorsed by those 2 12 organizations. You may qualify for benefits other than or in 2 13 addition to the benefits discussed at this event. 2 14 3. The requirement to provide a disclosure as provided 2 15 in this section shall not apply under any of the following 2 16 circumstances: 2 17 a. The United States department of veterans affairs, 2 18 the Iowa department of veterans affairs, or any other 2 19 congressionally chartered or recognized organization of 2 20 honorably discharged members of the armed forces of the 2 21 United States or any of their auxiliaries have granted written 2 22 permission to the person for the use of its name, symbol, 2 23 or insignia to advertise or promote any event, presentation, 2 24 seminar, workshop, or other public gathering regarding 2 25 veterans' benefits or entitlements. 2 26 b. The event, presentation, seminar, workshop, or public 2 27 gathering is part of an accredited continuing legal education 2 28 course. 2 29 Sec. 4. NEW SECTION. 546B.3 Prohibited acts or practices. 2 30 A person who commits any of the following acts or practices 2 31 commits a violation of this chapter: 2 32 1. Receives compensation for advising or assisting another 2 33 person with a veterans' benefit matter, except as permitted 2 34 under Title 38 of the United States Code. 2 35 2. Uses financial or other personal information gathered 3 1 in order to prepare documents for, or otherwise represent 3 2 the interests of, another in a veterans' benefit matter for 3 3 purposes of trade or commerce. 3 4 3. Receives compensation for referring another person to a 3 5 person accredited by the United States department of veterans 3 6 affairs. 3 7 4. Represents, either directly or by implication, and 3 8 either orally or in writing, that the receipt of a certain 3 9 level of veterans' benefits is guaranteed. 3 10 5. Fails to provide a disclosure required to be provided 3 11 pursuant to section 546B.2. 3 12 Sec. 5. NEW SECTION. 546B.4 Inapplicability of chapter. 3 13 This chapter does not apply to officers, employees, or 3 14 volunteers of the state, or of any county, city, or other 3 15 political subdivision, or of a federal agency of the United 3 16 States, who are acting in their official capacity. 3 17 Sec. 6. NEW SECTION. 546B.5 Unfair practice == penalties. 3 18 A violation of this chapter is a violation of section 714.16, 3 19 subsection 2, paragraph "a". Any civil penalty recovered for a 3 20 violation of this chapter shall be deposited in the veterans 3 21 trust fund created in section 35A.13. 3 22 Sec. 7. REPEAL. Chapter 546B, Code 2018, is repealed. 3 23 EXPLANATION 3 24 The inclusion of this explanation does not constitute agreement with 3 25 the explanation's substance by the members of the general assembly. 3 26 This bill concerns the providing of certain veterans' 3 27 benefits services and the conducting of events related to 3 28 veterans' benefits. 3 29 The bill repeals current Code chapter 546B regarding 3 30 veterans' benefits assistance and disclosures and provides for 3 31 new provisions governing the providing of certain veterans' 3 32 benefits. Current law requires the provision of certain 3 33 disclosures if a person advertises or provides veterans' 3 34 benefit services and requires the department of veterans 3 35 affairs to develop a written disclosure statement for purposes 4 1 of the current Code chapter. In addition, current law provides 4 2 a maximum $1,000 civil penalty per violation and further 4 3 provides that any penalties recovered would be deposited in the 4 4 veterans trust fund. 4 5 New Code section 546B.1 provides definitions governing the 4 6 new Code chapter. Terms defined include compensation, person, 4 7 trade or commerce, veteran, and veterans' benefit matter. 4 8 Specifically, the bill defines a veterans' benefit matter as 4 9 any activity related to a claim affecting a person regarding 4 10 any application for certain veterans' benefits for veterans and 4 11 their dependents and survivors. 4 12 New Code section 546B.2 provides for the disclosures 4 13 required for any person advertising or promoting any event, 4 14 presentation, seminar, workshop, or other public gathering 4 15 regarding veterans' benefits or entitlements. The new Code 4 16 section specifies the form of the disclosure which generally 4 17 provides that the event is not sponsored by a governmental 4 18 agency for veterans or by any officially recognized 4 19 organization of veterans. The new Code section requires the 4 20 disclosure be disseminated, both orally and in writing, at 4 21 the beginning of an event related to veterans' benefits and 4 22 entitlements. The new Code section also specifies certain 4 23 face and font requirements for a written disclosure. The new 4 24 Code section also provides that the disclosure is not required 4 25 if permission from a governmental agency for veterans or by 4 26 any officially recognized organization of veterans to use the 4 27 agency's or organization's name for the event has been provided 4 28 or if the event is part of an accredited continuing legal 4 29 education course. 4 30 New Code section 546B.3 describes those acts that would 4 31 constitute a violation of the new Code chapter. Specifically, 4 32 a violation occurs if a person receives compensation for 4 33 advising or assisting another person with a veterans' benefit 4 34 matter or for referring a person to a person accredited by the 4 35 United States department of veterans affairs, uses financial 5 1 or other personal information gathered in order to prepare 5 2 documents for, or represent the interests of, another in 5 3 a veterans' benefit matter, guarantees a certain level of 5 4 benefits, or fails to provide the disclosures required by the 5 5 new Code chapter. 5 6 New Code section 546B.4 provides that the new Code chapter 5 7 does not apply to government employees or volunteers acting in 5 8 their official capacity. 5 9 New Code section 546B.5 provides that a violation of this new 5 10 Code chapter is a violation of Code section 714.16, subsection 5 11 2, paragraph "a", an unfair practice related to consumer 5 12 frauds. Code section 714.16 provides for the ability of the 5 13 attorney general to obtain injunctive relief related to the 5 14 unfair practice and the ability to recover a civil penalty 5 15 of up to $40,000 per violation. The new Code section also 5 16 provides that any civil penalty recovered for a violation of 5 17 the new Code chapter shall be deposited in the veterans trust 5 18 fund. LSB 5341HV (1) 87 ec/rj
