Bill Text: IA SF2200 | 2017-2018 | 87th General Assembly | Enrolled

Iowa Senate Bill 2200 (Prior Session Legislation)

Bill Title: A bill for an act regulating veterans’ benefit services and related events, by requiring certain disclosures and making penalties applicable. (Formerly SSB 3067.) Effective 7-1-18.

Spectrum: Committee Bill

Status: (Passed) 2018-04-16 - Signed by Governor. S.J. 946. [SF2200 Detail]

Download: Iowa-2017-SF2200-Enrolled.html

Senate File 2200 - Enrolled

SENATE FILE
BY COMMITTEE ON VETERANS
AFFAIRS

(SUCCESSOR TO SSB
3067)
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A BILL FOR
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Senate File 2200

AN ACT
REGULATING VETERANS' BENEFIT SERVICES AND RELATED
EVENTS, BY REQUIRING CERTAIN DISCLOSURES AND MAKING
PENALTIES APPLICABLE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 35A.5, subsection 18, Code 2018, is
amended by striking the subsection.
Sec. 2. NEW SECTION. 546B.1 Definitions.
When used in this chapter, unless the context otherwise
requires:
1. "Compensation" means money, property, or anything else
of value, which includes but is not limited to exclusive
arrangements or agreements for the provision of services or the
purchase of products.
2. "Person" includes, where applicable, natural persons,
corporations, trusts, unincorporated associations, and
partnerships.
3. "Trade or commerce" includes the marketing or sale
of assets, goods, or services, or any commerce directly or
indirectly affecting the people of this state.
4. "Veteran" means as defined in section 35.1.
5. "Veterans' benefit matter" means any preparation,
presentation, or prosecution of a claim affecting a person who
has filed or has expressed an intention to file an application
for determination of payment, service, commodity, function,
or status, entitlement to which is determined under laws
administered by the United States department of veterans
affairs or the Iowa department of veterans affairs pertaining
to veterans and their dependents or survivors.
Sec. 3. NEW SECTION. 546B.2 Advertising or promotion
disclosures.
1. A person who advertises or promotes any event,
presentation, seminar, workshop, or other public gathering
regarding veterans' benefits or entitlements shall include a
disclosure as provided in this section and must disseminate
the disclosure, both orally and in writing, at the beginning
of the event, presentation, seminar, workshop, or other public
gathering. The written disclosure must be in the same type
size and font as the term "veteran" or any variation of that
term as used in the advertisement or promotional materials
for the event, presentation, seminar, workshop, or public
gathering.
2. The disclosure required by this section shall be in the
following form:
This event is not sponsored by, or affiliated with, the
United States Department of Veterans Affairs, the Iowa
Department of Veterans Affairs, or any other congressionally
chartered or recognized organization of honorably discharged
members of the Armed Forces of the United States or any
of their auxiliaries. Products or services that may be
discussed at this event are not necessarily endorsed by those
organizations. You may qualify for benefits other than or in
addition to the benefits discussed at this event.
3. The requirement to provide a disclosure as provided
in this section shall not apply under any of the following
circumstances:
a. The United States department of veterans affairs,
the Iowa department of veterans affairs, or any other
congressionally chartered or recognized organization of
honorably discharged members of the armed forces of the
United States or any of their auxiliaries have granted written
permission to the person for the use of its name, symbol,
or insignia to advertise or promote any event, presentation,
seminar, workshop, or other public gathering regarding
veterans' benefits or entitlements.
b. The event, presentation, seminar, workshop, or public
gathering is part of an accredited continuing legal education
course.
Sec. 4. NEW SECTION. 546B.3 Prohibited acts or practices.
A person who commits any of the following acts or practices
commits a violation of this chapter:
1. Receives compensation for advising or assisting another
person with a veterans' benefit matter, except as permitted
under Title 38 of the United States Code.
2. Uses financial or other personal information gathered
in order to prepare documents for, or otherwise represent
the interests of, another in a veterans' benefit matter for
purposes of trade or commerce, except as permitted under Title
38 of the United States Code.
3. Receives compensation for referring another person to a
person accredited by the United States department of veterans
affairs.
4. Represents, either directly or by implication, and
either orally or in writing, that the receipt of a certain
level of veterans' benefits is guaranteed.
5. Fails to provide a disclosure required to be provided
pursuant to section 546B.2.
Sec. 5. NEW SECTION. 546B.4 Inapplicability of chapter.
This chapter does not apply to officers, employees, or
volunteers of the state, or of any county, city, or other
political subdivision, or of a federal agency of the United
States, who are acting in their official capacity.
Sec. 6. NEW SECTION. 546B.5 Unfair practice == penalties.
A violation of this chapter is a violation of section 714.16,
subsection 2, paragraph "a". Any civil penalty recovered for a
violation of this chapter shall be deposited in the veterans
trust fund created in section 35A.13.
Sec. 7. REPEAL. Chapter 546B, Code 2018, is repealed.

CHARLES SCHNEIDE

LINDA UPMEYER

W. CHARLES SMITH

KIM REYNOLDS

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