Senate
File
2200
-
Enrolled
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.
Senate
File
2200,
p.
2
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:
Senate
File
2200,
p.
3
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
Senate
File
2200,
p.
4
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
SCHNEIDER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2200,
Eighty-seventh
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor