Bill Text: IA SSB1139 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring certain disclosures related to veterans' benefit services, and making penalties applicable.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-11 - Subcommittee: Whiting, Taylor, R. and Zaun. [SSB1139 Detail]
Download: Iowa-2019-SSB1139-Introduced.html
Senate
Study
Bill
1139
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
requiring
certain
disclosures
related
to
veterans’
1
benefit
services,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2012XC
(7)
88
mo/rn
S.F.
_____
Section
1.
Section
546B.2,
Code
2019,
is
amended
to
read
as
1
follows:
2
546B.2
Advertising
or
promotion
disclosures.
3
1.
A
person
who
advertises
or
promotes
any
event,
4
presentation,
seminar,
workshop,
or
other
public
gathering
5
regarding
veterans’
benefits
or
entitlements
shall
include
a
6
disclosure
as
provided
in
this
section
subsection
2
and
must
7
disseminate
the
disclosure,
both
orally
and
in
writing,
at
the
8
beginning
of
the
event,
presentation,
seminar,
workshop,
or
9
other
public
gathering.
The
written
disclosure
must
be
in
the
10
same
type
size
and
font
as
the
term
“veteran”
or
any
variation
11
of
that
term
as
used
in
the
advertisement
or
promotional
12
materials
for
the
event,
presentation,
seminar,
workshop,
or
13
public
gathering.
14
2.
The
disclosure
required
by
this
section
subsection
1
15
shall
be
in
the
following
form:
16
This
event
is
not
sponsored
by,
or
affiliated
with,
the
17
United
States
Department
of
Veterans
Affairs,
the
Iowa
18
Department
of
Veterans
Affairs,
or
any
other
congressionally
19
chartered
or
recognized
organization
of
honorably
discharged
20
members
of
the
Armed
Forces
of
the
United
States
or
any
21
of
their
auxiliaries.
Products
or
services
that
may
be
22
discussed
at
this
event
are
not
necessarily
endorsed
by
those
23
organizations.
You
may
qualify
for
benefits
other
than
or
in
24
addition
to
the
benefits
discussed
at
this
event.
25
3.
The
requirement
to
provide
a
disclosure
as
provided
in
26
this
section
subsection
1
shall
not
apply
under
any
of
the
27
following
circumstances:
28
a.
The
United
States
department
of
veterans
affairs,
29
the
Iowa
department
of
veterans
affairs,
or
any
other
30
congressionally
chartered
or
recognized
organization
of
31
honorably
discharged
members
of
the
armed
forces
of
the
32
United
States
or
any
of
their
auxiliaries
have
granted
written
33
permission
to
the
person
for
the
use
of
its
name,
symbol,
34
or
insignia
to
advertise
or
promote
any
event,
presentation,
35
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_____
seminar,
workshop,
or
other
public
gathering
regarding
1
veterans’
benefits
or
entitlements.
2
b.
The
event,
presentation,
seminar,
workshop,
or
public
3
gathering
is
part
of
an
accredited
continuing
legal
education
4
course.
5
4.
A
person
advertising
or
promoting
services
to
represent
6
or
assist
veterans
in
any
veterans’
benefit
matter,
including
7
any
services
related
to
a
veteran’s
application
for
veteran’s
8
disability
benefits,
shall
include
a
disclosure,
as
provided
in
9
subsection
5,
in
all
advertisements
and
promotional
materials,
10
including
online
advertisements,
in
the
same
type
size
and
font
11
as
the
term
“veteran”
or
any
variation
of
that
term
is
used
in
12
the
advertisement
or
promotion.
13
5.
The
disclosure
required
by
subsection
4
shall
be
in
the
14
following
form:
15
No
compensation
may
be
received
by
any
person
advising
or
16
assisting
another
person
with
a
veterans’
benefit
matter
except
17
as
allowed
under
Title
38
of
the
United
States
Code.
Veterans’
18
benefit
services
are
offered
at
no
cost
by
federally
chartered
19
veteran
service
organizations
and
Iowa
county
veteran
service
20
officers.
The
services
being
offered
are
not
provided
by
21
or
affiliated
with
the
United
States
department
of
veterans
22
affairs,
the
Iowa
department
of
veterans
affairs,
or
any
other
23
government
agency
or
recognized
veterans
services
organization.
24
You
may
qualify
for
benefits
other
than
or
in
addition
to
25
benefits
obtained
by
the
services
offered.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
requires
certain
disclosures
related
to
veterans’
30
benefit
services.
31
The
bill
provides
that
a
person
advertising
services
to
32
represent
or
assist
veterans
in
any
veterans’
benefit
matter
33
must
include
a
disclosure
in
all
advertisements
and
promotional
34
materials.
The
required
disclosure
states
that
no
compensation
35
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_____
may
be
received
by
any
person
advising
or
assisting
another
1
person
with
a
veterans’
benefit
matter
except
as
allowed
by
2
federal
law;
that
veterans’
benefit
services
are
offered
at
no
3
cost
by
federally
chartered
veteran
service
organizations
and
4
the
Iowa
county
veteran
service
officers;
that
the
services
5
being
offered
are
not
provided
by
or
affiliated
with
the
United
6
States
department
of
veterans
affairs,
the
Iowa
department
of
7
veterans
affairs,
or
any
other
government
agency
or
recognized
8
veterans
services
organization;
and
that
the
veteran
may
9
qualify
for
benefits
other
than
or
in
addition
to
benefits
10
obtained
by
the
services
to
be
provided.
11
A
person
who
fails
to
include
the
required
disclosure
when
12
advertising
services
to
represent
or
assist
veterans
in
any
13
veterans’
benefit
matter
violates
the
consumer
fraud
provisions
14
of
Code
section
714.16(2)(a)
relating
to
unfair,
fraudulent,
or
15
deceptive
practices
and
any
civil
penalty
recovered
shall
be
16
deposited
in
the
veterans
trust
fund
created
in
Code
section
17
35A.13.
Current
law
provides
that
a
person
who
receives
18
compensation
for
advising
or
assisting
another
person
with
a
19
veterans’
benefit
matter,
except
as
permitted
under
Title
38
20
of
the
United
States
Code,
also
commits
a
violation
of
Code
21
section
714.16(2)(a).
22
Pursuant
to
Code
section
714.16,
the
attorney
general
may
23
investigate,
issue
subpoenas,
and
commence
civil
proceedings
24
seeking
restraining
orders
or
injunctions
prohibiting
persons
25
from
engaging
in
unlawful
practices
or
seeking
termination
26
of
the
business
affairs
of
a
person
engaging
in
unlawful
27
practices.
In
addition,
a
civil
penalty
of
up
to
$40,000
per
28
violation
may
be
imposed
by
a
court
against
a
person
found
to
29
have
committed
an
unlawful
practice.
30
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