Bill Text: IA HF414 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act requiring disclosures by private providers of veterans benefits services and including penalties. Effective 7-1-15.

Sponsorship: Committee Bill

Status: (Passed) 2015-04-24 - Signed by Governor. H.J. 923. [HF414 Detail]

Download: Iowa-2015-HF414-Enrolled.html

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House File 414 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON VETERANS
                                  AFFAIRS

                              (SUCCESSOR TO HSB 114)
 \5
                                   A BILL FOR
 \1
                                         House File 414

                             AN ACT
 REQUIRING DISCLOSURES BY PRIVATE PROVIDERS OF VETERANS BENEFITS
    SERVICES AND INCLUDING PENALTIES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 35A.5, Code 2015, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  18.  In coordination with the county
 commissions of veteran affairs, develop a written disclosure
 statement for use by private providers of veterans benefits
 services under section 546B.3. At a minimum, the written
 disclosure statement shall include a signature line, contact
  information for the department, and a statement that veterans
 benefits services are offered at no cost by federally chartered
 veteran service organizations and by county commission of
 veteran affairs offices, as maintained pursuant to section
 35B.6.
    Sec. 2.  Section 546B.1, Code 2015, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  4.  "Veterans benefits services" means
 services which a veteran, or a family member of a veteran,
 might reasonably utilize in order to obtain federal, state, or
 county veterans benefits.
    NEW SUBSECTION.  5.  "Written disclosure statement" means the
 written disclosure statement developed by the department of
 veterans affairs pursuant to section 35A.5, subsection 18.
    Sec. 3.  Section 546B.2, Code 2015, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  3.  This section does not apply to the owner
 or personnel of any medium in which an advertisement appears or
 through which an advertisement is disseminated.
    Sec. 4.  Section 546B.3, Code 2015, is amended by striking
 the section and inserting in lieu thereof the following:
    546B.3  Veterans benefits services disclosure requirements ==
 civil penalties.
    1.  A person who provides veterans benefits services in
 exchange for compensation shall provide a written disclosure
 statement to each client or prospective client. Before a
 person enters into such an agreement to provide veterans
 benefits services or accepts money or any other thing of
 value for the provision of veterans benefits services, the
 person must obtain the signature of the client on a written
 disclosure statement containing an attestation by the client
 that the client has read and understands the written disclosure
 statement.
    2.  A person who violates the provisions of this section
 is subject to a civil penalty not to exceed one thousand
 dollars for each violation. Civil penalties shall be assessed
 by the district court in an action initiated by the attorney
 general. For the purposes of computing the amount of each
 civil penalty, each service provided by the person constitutes
 a separate violation. Additionally, the attorney general may
 accept a civil penalty as determined by the attorney general in
 settlement of an investigation of a violation of this section
 regardless of whether an action has been filed pursuant to this
 section. Any civil penalty recovered shall be deposited in the
 veterans trust fund created in section 35A.13.


                                                             
                               KRAIG PAULSEN
                               Speaker of the House


                                                             
                               PAM JOCHUM
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 414, Eighty=sixth General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

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