S.F. _____ H.F. _____ Section 1. Section 35A.5, subsection 18, Code 2018, is 1 amended by striking the subsection. 2 Sec. 2. NEW SECTION . 546B.1 Definitions. 3 When used in this chapter, unless the context otherwise 4 requires: 5 1. “Compensation” means money, property, or anything else 6 of value, which includes but is not limited to exclusive 7 arrangements or agreements for the provision of services or the 8 purchase of products. 9 2. “Person” includes, where applicable, natural persons, 10 corporations, trusts, unincorporated associations, and 11 partnerships. 12 3. “Trade or commerce” includes the marketing or sale 13 of assets, goods, or services, or any commerce directly or 14 indirectly affecting the people of this state. 15 4. “Veteran” means as defined in section 35.1. 16 5. “Veterans’ benefit matter” means any preparation, 17 presentation, or prosecution of a claim affecting a person who 18 has filed or has expressed an intention to file an application 19 for determination of payment, service, commodity, function, 20 or status, entitlement to which is determined under laws 21 administered by the United States department of veterans 22 affairs or the Iowa department of veterans affairs pertaining 23 to veterans and their dependents or survivors. 24 Sec. 3. NEW SECTION . 546B.2 Advertising or promotion 25 disclosures. 26 1. A person who advertises or promotes any event, 27 presentation, seminar, workshop, or other public gathering 28 regarding veterans’ benefits or entitlements shall include a 29 disclosure as provided in this section and must disseminate 30 the disclosure, both orally and in writing, at the beginning 31 of the event, presentation, seminar, workshop, or other public 32 gathering. The written disclosure must be in the same type 33 size and font as the term “veteran” or any variation of that 34 term as used in the advertisement or promotional materials 35 -1- LSB 5341DP (5) 87 ec/rj 1/ 5

S.F. _____ H.F. _____ for the event, presentation, seminar, workshop, or public 1 gathering. 2 2. The disclosure required by this section shall be in the 3 following form: 4 This event is not sponsored by, or affiliated with, the 5 United States Department of Veterans Affairs, the Iowa 6 Department of Veterans Affairs, or any other congressionally 7 chartered or recognized organization of honorably discharged 8 members of the Armed Forces of the United States or any 9 of their auxiliaries. Products or services that may be 10 discussed at this event are not necessarily endorsed by those 11 organizations. You may qualify for benefits other than or in 12 addition to the benefits discussed at this event. 13 3. The requirement to provide a disclosure as provided 14 in this section shall not apply under any of the following 15 circumstances: 16 a. The United States department of veterans affairs, 17 the Iowa department of veterans affairs, or any other 18 congressionally chartered or recognized organization of 19 honorably discharged members of the armed forces of the 20 United States or any of their auxiliaries have granted written 21 permission to the person for the use of its name, symbol, 22 or insignia to advertise or promote any event, presentation, 23 seminar, workshop, or other public gathering regarding 24 veterans’ benefits or entitlements. 25 b. The event, presentation, seminar, workshop, or public 26 gathering is part of an accredited continuing legal education 27 course. 28 Sec. 4. NEW SECTION . 546B.3 Prohibited acts or practices. 29 A person who commits any of the following acts or practices 30 commits a violation of this chapter: 31 1. Receives compensation for advising or assisting another 32 person with a veterans’ benefit matter, except as permitted 33 under Title 38 of the United States Code. 34 2. Uses financial or other personal information gathered 35 -2- LSB 5341DP (5) 87 ec/rj 2/ 5

S.F. _____ H.F. _____ in order to prepare documents for, or otherwise represent 1 the interests of, another in a veterans’ benefit matter for 2 purposes of trade or commerce. 3 3. Receives compensation for referring another person to a 4 person accredited by the United States department of veterans 5 affairs. 6 4. Represents, either directly or by implication, and 7 either orally or in writing, that the receipt of a certain 8 level of veterans’ benefits is guaranteed. 9 5. Fails to provide a disclosure required to be provided 10 pursuant to section 546B.2. 11 Sec. 5. NEW SECTION . 546B.4 Inapplicability of chapter. 12 This chapter does not apply to officers, employees, or 13 volunteers of the state, or of any county, city, or other 14 political subdivision, or of a federal agency of the United 15 States, who are acting in their official capacity. 16 Sec. 6. NEW SECTION . 546B.5 Unfair practice —— penalties. 17 A violation of this chapter is a violation of section 714.16, 18 subsection 2, paragraph “a”. Any civil penalty recovered for a 19 violation of this chapter shall be deposited in the veterans 20 trust fund created in section 35A.13. 21 Sec. 7. REPEAL. Chapter 546B, Code 2018, is repealed. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill concerns the providing of certain veterans’ 26 benefits services and the conducting of events related to 27 veterans’ benefits. 28 The bill repeals current Code chapter 546B regarding 29 veterans’ benefits assistance and disclosures and provides for 30 new provisions governing the providing of certain veterans’ 31 benefits. Current law requires the provision of certain 32 disclosures if a person advertises or provides veterans’ 33 benefit services and requires the department of veterans 34 affairs to develop a written disclosure statement for purposes 35 -3- LSB 5341DP (5) 87 ec/rj 3/ 5

S.F. _____ H.F. _____ of the current Code chapter. In addition, current law provides 1 a maximum $1,000 civil penalty per violation and further 2 provides that any penalties recovered would be deposited in the 3 veterans trust fund. 4 New Code section 546B.1 provides definitions governing the 5 new Code chapter. Terms defined include compensation, person, 6 trade or commerce, veteran, and veterans’ benefit matter. 7 Specifically, the bill defines a veterans’ benefit matter as 8 any activity related to a claim affecting a person regarding 9 any application for certain veterans’ benefits for veterans and 10 their dependents and survivors. 11 New Code section 546B.2 provides for the disclosures 12 required for any person advertising or promoting any event, 13 presentation, seminar, workshop, or other public gathering 14 regarding veterans’ benefits or entitlements. The new Code 15 section specifies the form of the disclosure which generally 16 provides that the event is not sponsored by a governmental 17 agency for veterans or by any officially recognized 18 organization of veterans. The new Code section requires the 19 disclosure be disseminated, both orally and in writing, at 20 the beginning of an event related to veterans’ benefits and 21 entitlements. The new Code section also specifies certain 22 face and font requirements for a written disclosure. The new 23 Code section also provides that the disclosure is not required 24 if permission from a governmental agency for veterans or by 25 any officially recognized organization of veterans to use the 26 agency’s or organization’s name for the event has been provided 27 or if the event is part of an accredited continuing legal 28 education course. 29 New Code section 546B.3 describes those acts that would 30 constitute a violation of the new Code chapter. Specifically, 31 a violation occurs if a person receives compensation for 32 advising or assisting another person with a veterans’ benefit 33 matter or for referring a person to a person accredited by the 34 United States department of veterans affairs, uses financial 35 -4- LSB 5341DP (5) 87 ec/rj 4/ 5

S.F. _____ H.F. _____ or other personal information gathered in order to prepare 1 documents for, or represent the interests of, another in 2 a veterans’ benefit matter, guarantees a certain level of 3 benefits, or fails to provide the disclosures required by the 4 new Code chapter. 5 New Code section 546B.4 provides that the new Code chapter 6 does not apply to government employees or volunteers acting in 7 their official capacity. 8 New Code section 546B.5 provides that a violation of this new 9 Code chapter is a violation of Code section 714.16, subsection 10 2, paragraph “a”, an unfair practice related to consumer 11 frauds. Code section 714.16 provides for the ability of the 12 attorney general to obtain injunctive relief related to the 13 unfair practice and the ability to recover a civil penalty 14 of up to $40,000 per violation. The new Code section also 15 provides that any civil penalty recovered for a violation of 16 the new Code chapter shall be deposited in the veterans trust 17 fund. 18 -5- LSB 5341DP (5) 87 ec/rj 5/ 5