House Study Bill 114 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON STANERSON) A BILL FOR An Act requiring disclosures by private providers of veterans 1 benefits services and including penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1800YC (3) 86 aw/sc

H.F. _____ Section 1. Section 35A.5, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 18. In coordination with the county 3 commissions of veteran affairs, develop a written disclosure 4 statement for use by private providers of veterans benefits 5 services under section 546B.3. At a minimum, the written 6 disclosure statement shall include a signature line, contact 7 information for the department, and a statement that veterans 8 benefits services are offered at no cost by federally chartered 9 veteran service organizations and by county commission of 10 veteran affairs offices, as maintained pursuant to section 11 35B.6. 12 Sec. 2. Section 546B.1, Code 2015, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 4. “Veterans benefits services” means 15 services which a veteran, or a family member of a veteran, 16 might reasonably utilize in order to obtain federal, state, or 17 county veterans benefits. 18 NEW SUBSECTION . 5. “Written disclosure statement” means the 19 written disclosure statement developed by the department of 20 veterans affairs pursuant to section 35A.5, subsection 18. 21 Sec. 3. Section 546B.2, Code 2015, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 3. This section does not apply to the owner 24 or personnel of any medium in which an advertisement appears or 25 through which an advertisement is disseminated. 26 Sec. 4. Section 546B.3, Code 2015, is amended by striking 27 the section and inserting in lieu thereof the following: 28 546B.3 Veterans benefits services disclosure requirements —— 29 civil penalties. 30 1. A person who provides veterans benefits services in 31 exchange for compensation shall provide a written disclosure 32 statement to each client or prospective client. Before a 33 person enters into such an agreement to provide veterans 34 benefits services or accepts money or any other thing of 35 -1- LSB 1800YC (3) 86 aw/sc 1/ 3

H.F. _____ value for the provision of veterans benefits services, the 1 person must obtain the signature of the client on a written 2 disclosure statement containing an attestation by the client 3 that the client has read and understands the written disclosure 4 statement. 5 2. A person who violates the provisions of this section 6 is subject to a civil penalty not to exceed one thousand 7 dollars for each violation. Civil penalties shall be assessed 8 by the district court in an action initiated by the attorney 9 general. For the purposes of computing the amount of each 10 civil penalty, each service provided by the person constitutes 11 a separate violation. Additionally, the attorney general may 12 accept a civil penalty as determined by the attorney general in 13 settlement of an investigation of a violation of this section 14 regardless of whether an action has been filed pursuant to this 15 section. Any civil penalty recovered shall be deposited in the 16 veterans trust fund created in section 35A.13. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill requires disclosures by private providers of 21 veterans benefits services. 22 The bill requires a person who provides veterans benefits 23 services to provide a written disclosure statement to each 24 client or prospective client. The bill requires such a person 25 to obtain the signature of the client on a written disclosure 26 statement before entering into an agreement to provide veterans 27 benefits services or accepting money or any other thing of 28 value for the provision of those services. The bill provides 29 that a person who violates these requirements is subject to a 30 civil penalty not to exceed $1,000 for each violation. The 31 bill further provides that any civil penalty recovered shall be 32 deposited in the veterans trust fund created in Code section 33 35A.13. 34 The bill requires the department of veterans affairs, 35 -2- LSB 1800YC (3) 86 aw/sc 2/ 3

H.F. _____ in coordination with the county commissions of veteran 1 affairs, to develop a written disclosure statement for use 2 by private providers of veterans benefits services. The 3 written disclosure statement is required to include a signature 4 line, contact information for the department, and a statement 5 that veterans benefits services are offered at no cost by 6 federally chartered veteran service organizations and by county 7 commission of veteran affairs offices. 8 -3- LSB 1800YC (3) 86 aw/sc 3/ 3