Senate
File
399
-
Introduced
SENATE
FILE
399
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
SF
329)
A
BILL
FOR
An
Act
regulating
the
advertising
of
veterans
benefits
appeal
1
services
by
requiring
certain
disclosures
and
including
a
2
civil
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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399
Section
1.
NEW
SECTION
.
546B.1
Veterans
benefits
appeal
1
services
——
regulation
of
advertising
practices.
2
As
used
in
this
chapter:
3
1.
a.
“Advertising”
or
“advertisement”
means
any
of
the
4
following:
5
(1)
Any
written
or
printed
communication
made
for
the
6
purpose
of
soliciting,
describing,
or
promoting
veterans
7
benefits
appeal
services,
including
but
not
limited
to
a
8
brochure,
letter,
pamphlet,
newspaper,
telephone
listing,
9
periodical,
or
other
writing.
10
(2)
Any
directory
listing
caused
or
permitted
by
a
person
to
11
be
made
available
which
indicates
that
veterans
benefits
appeal
12
services
are
being
offered.
13
(3)
Any
radio,
television,
computer
network,
or
similar
14
airwave
or
electronic
transmission
which
solicits
or
promotes
a
15
person
offering
veterans
benefits
appeal
services.
16
b.
“Advertising”
or
“advertisement”
does
not
include
any
of
17
the
following:
18
(1)
Any
printing
or
writing
used
on
buildings,
uniforms,
or
19
badges,
where
the
purpose
of
the
writing
is
for
identification.
20
(2)
Any
printing
or
writing
in
a
memorandum
or
other
21
communication
used
in
the
ordinary
course
of
business
where
the
22
sole
purpose
of
the
writing
is
other
than
the
solicitation
or
23
promotion
of
veterans
benefits
appeal
services.
24
2.
“Veteran”
means
as
defined
in
section
35.1.
25
3.
“Veterans
benefits
appeal
services”
means
services
which
26
a
veteran
might
reasonably
require
in
order
to
appeal
a
denial
27
of
federal
or
state
veterans
benefits,
including
but
not
28
limited
to
denials
of
disability,
limited-income,
home
loan,
29
insurance,
education
and
training,
burial
and
memorial,
and
30
dependent
and
survivor
benefits.
31
Sec.
2.
NEW
SECTION
.
546B.2
Advertising
disclosure
32
requirements.
33
1.
A
person
advertising
services
to
represent
or
assist
34
veterans
in
appealing
a
denial
of
veterans
benefits
shall
35
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conspicuously
disclose
in
the
advertisement,
in
similar
type
1
size
or
voice-over,
that
appeal
services
are
also
offered
at
2
no
cost
by
county
commission
of
veteran
affairs
offices
as
3
maintained
pursuant
to
section
35B.6.
4
2.
A
person
who
fails
to
comply
with
the
provisions
of
5
this
section
is
subject
to
a
civil
penalty
not
to
exceed
one
6
thousand
dollars
for
each
violation.
Civil
penalties
shall
7
be
assessed
by
the
district
court
in
an
action
initiated
8
by
the
attorney
general.
For
the
purposes
of
computing
9
the
amount
of
each
civil
penalty,
each
day
of
a
continuing
10
violation
constitutes
a
separate
violation.
Additionally,
11
the
attorney
general
may
accept
a
civil
penalty
as
determined
12
by
the
attorney
general
in
settlement
of
an
investigation
of
13
a
violation
of
this
section
regardless
of
whether
an
action
14
has
been
filed
pursuant
to
this
section.
Any
civil
penalty
15
recovered
shall
be
deposited
in
the
veterans
trust
fund
created
16
in
section
35A.13.
17
EXPLANATION
18
This
bill
requires
that
a
person
advertising
veterans
19
benefits
appeal
services
disclose
in
the
advertisement
that
the
20
same
services
are
also
available
through
county
commission
of
21
veteran
affairs
offices
free
of
charge.
The
bill
provides
or
22
incorporates
definitions
for
advertising,
veteran,
and
veterans
23
benefits
appeal
services.
24
The
bill
provides
a
civil
penalty
of
up
to
$1,000
for
each
25
violation.
The
bill
states
that
the
civil
penalty
will
be
26
assessed
by
the
district
court
in
an
action
initiated
by
the
27
attorney
general
and
that
each
day
of
a
continuing
violation
28
shall
be
counted
as
a
separate
violation.
The
attorney
29
general’s
office
is
given
the
discretion
to
accept
a
civil
30
penalty
in
settlement
of
an
investigation.
The
bill
also
31
requires
that
any
civil
penalty
recovered
must
be
deposited
in
32
the
veterans
trust
fund.
33
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