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House
File
2433
-
Introduced
HOUSE
FILE
2433
BY
CROKEN
A
BILL
FOR
An
Act
relating
to
veterans’
benefits
claims,
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2433
Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
be
1
cited
as
the
“Iowa
Veterans’
Claims
Protection
Act”.
2
Sec.
2.
NEW
SECTION
.
35E.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Accredited
representative”
means
an
attorney,
claims
6
agent,
or
representative
of
a
veterans
service
organization
7
accredited
by
the
United
States
department
of
veterans
affairs
8
pursuant
to
38
C.F.R.
§14.629.
9
2.
“Claim”
means
an
application,
request,
or
appeal
filed
10
with
the
United
States
department
of
veterans
affairs
for
11
veterans’
benefits,
services,
or
payments.
12
Sec.
3.
NEW
SECTION
.
35E.2
Prohibited
acts.
13
A
person
shall
not
do
any
of
the
following:
14
1.
Directly
or
indirectly
solicit,
contract
for,
receive,
15
or
attempt
to
receive
any
fee
or
compensation
for
assisting
a
16
veteran,
service
member,
or
dependent
of
a
veteran
or
service
17
member
with
a
claim,
unless
the
person
is
an
accredited
18
representative.
19
2.
Misrepresent
the
person’s
United
States
department
of
20
veterans
affairs
accreditation
or
affiliation
with
the
United
21
States
department
of
veterans
affairs,
a
veterans
service
22
organization,
or
a
government
agency.
23
3.
Obtain
or
use
a
veteran’s
or
service
member’s
personal
24
identifying
information
for
unauthorized
claims
representation.
25
4.
Make
false,
misleading,
or
deceptive
statements
26
regarding
the
person’s
ability
to
expedite,
guarantee,
or
27
influence
the
outcome
of
a
claim.
28
Sec.
4.
NEW
SECTION
.
35E.3
General
education
or
referrals.
29
A
person
who
is
not
an
accredited
representative
and
who
30
provides
general
education
regarding
claims
or
a
referral
to
an
31
accredited
representative
without
receiving
compensation
does
32
not
violate
section
35E.2.
33
Sec.
5.
NEW
SECTION
.
35E.4
Enforcement.
34
1.
The
attorney
general
may
impose
a
civil
penalty
not
to
35
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exceed
ten
thousand
dollars
per
violation
of
section
35E.2.
1
Civil
penalties
collected
under
this
subsection
shall
be
2
deposited
in
the
veterans
trust
fund
created
in
section
35A.13.
3
The
attorney
general
may
also
seek
an
injunction
or
apply
for
4
other
equitable
relief.
5
2.
A
veteran,
service
member,
or
dependent
of
a
veteran
6
or
service
member
harmed
by
a
violation
of
section
35E.2
may
7
bring
a
civil
action
for
damages,
attorney
fees,
and
equitable
8
relief.
9
Sec.
6.
NEW
SECTION
.
35E.5
Outreach
and
education.
10
The
department
of
veterans
affairs
shall
do
all
of
the
11
following:
12
1.
Conduct
outreach
to
educate
veterans
and
veterans’
13
families
about
predatory
claims
practices.
14
2.
Promote
awareness
of
assistance
available
through
15
accredited
representatives.
16
3.
Maintain
a
public
list
of
accredited
representatives
who
17
serve
Iowa
veterans.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
veterans’
benefits
claims.
22
The
bill
prohibits
a
person
other
than
an
accredited
23
representative,
defined
in
the
bill,
from
receiving
or
24
attempting
to
receive
compensation
for
assisting
a
veteran,
25
service
member,
or
dependent
of
a
veteran
or
service
member
26
with
a
claim.
The
bill
also
prohibits
any
person
from
27
misrepresenting
the
person’s
United
States
department
of
28
veterans
affairs
accreditation
or
affiliation
with
the
United
29
States
department
of
veterans
affairs,
a
veterans
service
30
organization,
or
a
government
agency;
obtaining
or
using
a
31
veteran’s
or
service
member’s
personal
identifying
information
32
for
unauthorized
claims
representation;
or
making
deceptive
33
statements
about
the
person’s
ability
to
expedite
or
influence
34
the
outcome
of
a
claim.
The
bill
does
not
prohibit
a
person
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2433
who
is
not
an
accredited
representative
from
providing
general
1
education
regarding
claims
or
a
referral
to
an
accredited
2
representative
without
receiving
compensation.
3
The
bill
provides
that
a
person
who
violates
these
4
provisions
is
subject
to
a
civil
penalty
of
$10,000
imposed
5
by
the
attorney
general.
Civil
penalties
collected
by
6
the
attorney
general
under
the
bill
must
be
deposited
in
7
the
veterans
trust
fund.
The
attorney
general
may
seek
an
8
injunction
or
other
equitable
relief.
The
bill
also
authorizes
9
a
veteran,
service
member,
or
veteran’s
or
service
member’s
10
dependent
to
bring
a
civil
action
for
damages,
attorney
fees,
11
and
equitable
relief.
12
The
bill
requires
the
department
of
veterans
affairs
to
13
conduct
outreach
to
educate
veterans
and
veterans’
families
14
about
predatory
claims
practices,
promote
awareness
of
15
assistance
available
through
accredited
representatives,
and
16
maintain
a
public
list
of
accredited
representatives.
17
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