Senate Study Bill 1139 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act requiring certain disclosures related to veterans’ 1 benefit services, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2012XC (7) 88 mo/rn

S.F. _____ Section 1. Section 546B.2, Code 2019, is amended to read as 1 follows: 2 546B.2 Advertising or promotion disclosures. 3 1. A person who advertises or promotes any event, 4 presentation, seminar, workshop, or other public gathering 5 regarding veterans’ benefits or entitlements shall include a 6 disclosure as provided in this section subsection 2 and must 7 disseminate the disclosure, both orally and in writing, at the 8 beginning of the event, presentation, seminar, workshop, or 9 other public gathering. The written disclosure must be in the 10 same type size and font as the term “veteran” or any variation 11 of that term as used in the advertisement or promotional 12 materials for the event, presentation, seminar, workshop, or 13 public gathering. 14 2. The disclosure required by this section subsection 1 15 shall be in the following form: 16 This event is not sponsored by, or affiliated with, the 17 United States Department of Veterans Affairs, the Iowa 18 Department of Veterans Affairs, or any other congressionally 19 chartered or recognized organization of honorably discharged 20 members of the Armed Forces of the United States or any 21 of their auxiliaries. Products or services that may be 22 discussed at this event are not necessarily endorsed by those 23 organizations. You may qualify for benefits other than or in 24 addition to the benefits discussed at this event. 25 3. The requirement to provide a disclosure as provided in 26 this section subsection 1 shall not apply under any of the 27 following circumstances: 28 a. The United States department of veterans affairs, 29 the Iowa department of veterans affairs, or any other 30 congressionally chartered or recognized organization of 31 honorably discharged members of the armed forces of the 32 United States or any of their auxiliaries have granted written 33 permission to the person for the use of its name, symbol, 34 or insignia to advertise or promote any event, presentation, 35 -1- LSB 2012XC (7) 88 mo/rn 1/ 3

S.F. _____ seminar, workshop, or other public gathering regarding 1 veterans’ benefits or entitlements. 2 b. The event, presentation, seminar, workshop, or public 3 gathering is part of an accredited continuing legal education 4 course. 5 4. A person advertising or promoting services to represent 6 or assist veterans in any veterans’ benefit matter, including 7 any services related to a veteran’s application for veteran’s 8 disability benefits, shall include a disclosure, as provided in 9 subsection 5, in all advertisements and promotional materials, 10 including online advertisements, in the same type size and font 11 as the term “veteran” or any variation of that term is used in 12 the advertisement or promotion. 13 5. The disclosure required by subsection 4 shall be in the 14 following form: 15 No compensation may be received by any person advising or 16 assisting another person with a veterans’ benefit matter except 17 as allowed under Title 38 of the United States Code. Veterans’ 18 benefit services are offered at no cost by federally chartered 19 veteran service organizations and Iowa county veteran service 20 officers. The services being offered are not provided by 21 or affiliated with the United States department of veterans 22 affairs, the Iowa department of veterans affairs, or any other 23 government agency or recognized veterans services organization. 24 You may qualify for benefits other than or in addition to 25 benefits obtained by the services offered. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill requires certain disclosures related to veterans’ 30 benefit services. 31 The bill provides that a person advertising services to 32 represent or assist veterans in any veterans’ benefit matter 33 must include a disclosure in all advertisements and promotional 34 materials. The required disclosure states that no compensation 35 -2- LSB 2012XC (7) 88 mo/rn 2/ 3

S.F. _____ may be received by any person advising or assisting another 1 person with a veterans’ benefit matter except as allowed by 2 federal law; that veterans’ benefit services are offered at no 3 cost by federally chartered veteran service organizations and 4 the Iowa county veteran service officers; that the services 5 being offered are not provided by or affiliated with the United 6 States department of veterans affairs, the Iowa department of 7 veterans affairs, or any other government agency or recognized 8 veterans services organization; and that the veteran may 9 qualify for benefits other than or in addition to benefits 10 obtained by the services to be provided. 11 A person who fails to include the required disclosure when 12 advertising services to represent or assist veterans in any 13 veterans’ benefit matter violates the consumer fraud provisions 14 of Code section 714.16(2)(a) relating to unfair, fraudulent, or 15 deceptive practices and any civil penalty recovered shall be 16 deposited in the veterans trust fund created in Code section 17 35A.13. Current law provides that a person who receives 18 compensation for advising or assisting another person with a 19 veterans’ benefit matter, except as permitted under Title 38 20 of the United States Code, also commits a violation of Code 21 section 714.16(2)(a). 22 Pursuant to Code section 714.16, the attorney general may 23 investigate, issue subpoenas, and commence civil proceedings 24 seeking restraining orders or injunctions prohibiting persons 25 from engaging in unlawful practices or seeking termination 26 of the business affairs of a person engaging in unlawful 27 practices. In addition, a civil penalty of up to $40,000 per 28 violation may be imposed by a court against a person found to 29 have committed an unlawful practice. 30 -3- LSB 2012XC (7) 88 mo/rn 3/ 3