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SB 40: "An Act relating to veterans' benefits services and veterans' benefits appeal services."

00 SENATE BILL NO. 40 01 "An Act relating to veterans' benefits services and veterans' benefits appeal services." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 26.10 is amended by adding a new section to read: 04 Sec. 26.10.085. Persons providing veterans' benefits services; disclosure. 05 (a) A person that provides veterans' benefits services or veterans' benefits appeal 06 services to a veteran or a veteran's dependents, survivors, or personal representative 07 for compensation shall disclose to the veteran or veteran's dependents, survivors, or 08 personal representative that veterans' benefits services and veterans' benefits appeal 09 services are provided at no cost by the Department of Military and Veterans' Affairs. 10 (b) The disclosure required under (a) of this section must appear on an 11 agreement to provide veterans' benefits services or veterans' benefits appeal services. 12 The veteran or veteran's dependents, survivors, or personal representative shall 13 acknowledge receipt by signing and dating the disclosure, and the person providing 14 the services shall retain a copy of the signed acknowledgment. The adjutant general of 15 the Department of Military and Veterans' Affairs shall develop the disclosure required

01 under (a) of this section and publish the disclosure on the department's publicly 02 available Internet website. 03 (c) An advertisement for veterans' benefits services or veterans' benefits 04 appeal services must include the disclosure required under (a) of this section, 05 communicated in a clear and conspicuous manner. 06 (d) A person who violates this section shall forfeit compensation and is subject 07 to a civil penalty of not more than $1,000 for each violation. Each day of continuing 08 noncompliance constitutes a separate violation. This subsection does not apply to an 09 owner or employee of a medium in which an advertisement appears or through which 10 an advertisement is disseminated. 11 (e) In this section, 12 (1) "advertisement" means a commercial message in a communications 13 medium that directly or indirectly promotes the solicitation of business, provides 14 information about veterans' benefits services or veterans' benefits appeal services, or 15 promotes a person who offers veterans' benefits services or veterans' benefits appeal 16 services; 17 (2) "veteran" means an individual who 18 (A) served in the 19 (i) armed forces of the United States, including a 20 reserve unit of the United States armed forces; or 21 (ii) Alaska Territorial Guard, the Alaska Army National 22 Guard, the Alaska Air National Guard, or the Alaska Naval Militia; and 23 (B) was separated from service under a condition that was not 24 dishonorable; 25 (3) "veterans' benefits" means a present or future gain or advantage to 26 a veteran or a veteran's dependents, survivors, or personal representative that results 27 from the beneficiary's veteran status; 28 (4) "veterans' benefits appeal services" means services performed to 29 assist a veteran or a veteran's dependents, survivors, or personal representative in 30 appealing a denial of federal or state veterans' benefits; 31 (5) "veterans' benefits services" means services provided to a veteran

01 or a veteran's dependents, survivors, or personal representative to assist the veteran or 02 dependent, survivor, or personal representative in obtaining federal or state veterans' 03 benefits.