HB108: HB108 Safeguarding American Veteran Empowerment Act or SAVE Act; enact

26 LC 46 1662S The Senate Committee on Veterans, Military, and Homeland Security offered the following substitute to HB 108: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the O fficial Code of Georgia1 Annotated, relating to the "Fair Business Practices Act of 1975 ," so as to provide certain2 protections for veterans and other eligible persons applying fo r benefits; to provide for3 limitations; to provide for violations; to provide for addition al penalties; to provide for a4 short title; to provide for definitions; to provide for an effective date; to provide for related5 matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as the "Safeguarding A merican Veteran9 Empowerment Act" or "SAVE Act." 10 SECTION 2.11 Part 2 of Article 15 of Chapter 1 of Title 10 of the Official C ode of Georgia Annotated,12 relating to the "Fair Business Practices Act of 1975," is amend ed by adding a new Code13 section to read as follows:14 - 1 - 26 LC 46 1662S "10-1-409.15 (a) As used in this Code section, the term:16 (1) 'Compensation' means any money, thing of value, or economic benefit conferred on,17 or received by, any person in return for services rendered, or to be rendered, by himself18 or herself or another.19 (2) 'Person' means any natural person, corporation, trust, par tnership, incorporated or20 unincorporated association, or any other legal entity.21 (3) 'Veteran' means a former member of the United States armed forces or other eligible22 person entitled to a benefit from the United States armed forces.23 (4) 'Veterans' benefits matter' means the preparation, presentation, or prosecution of any24 claim affecting any person who has filed or expressed an intent to file a claim for any25 benefit, program, service, commodity, function, status, or entitlement for which veterans,26 their dependents, their survivors, or any other individual are eligible under the laws and27 regulations administered by the United States Department of Vet erans Affairs or the28 Georgia Department of Veterans Service.29 (b) No person shall receive compensation for referring any individual to another person30 to advise or assist the individual with any veterans' benefits matter.31 (c) No person shall receive any compensation for any services rendered to a veteran in32 connection with any claim filed within the one-year presumptive period of active duty33 release, unless prior to the inception of the services agreement, the veteran acknowledges34 in writing that he or she is within such period yet chooses to decline free services available35 to him or her through the United States Department of Veterans Affairs and the Georgia36 Department of Veterans Service.37 (d) A person seeking to receive compensation for advising, assisting, or consulting with38 any individual in connection with any veterans' benefits matter shall, before rendering any39 services, memorialize the specific terms under which the amount to be paid shall be40 determined in a written agreement signed by both parties. Compensation shall be purely41 - 2 - 26 LC 46 1662S contingent upon an increase in benefits awarded, and if successful, compensation shall not42 exceed five times the amount of the monthly increase not to exceed $12,500.00 in benefits43 awarded based on the claim. No initial or nonrefundable fee shall be charged by a person44 advising, assisting, or consulting an individual on a veterans' benefits matter.45 (e) A person seeking to receive compensation for advising, assisting, or consulting with46 any individual regarding any veterans' benefits matter shall no t utilize for a secondary47 medical examination of the veteran a medical professional with whom such person has an48 employment or business relationship.49 (f) No person shall guarantee, either directly or impliedly, a successful outcome or that any50 individual is certain to receive specific veterans' benefits or that any individual is certain51 to receive a specific level, percentage, or amount of veterans' benefits.52 (g) No person shall advise, assist, or consult for compensation with any veteran concerning53 any veterans' benefits matter without clearly providing prior t o entering into a services54 agreement the following disclosure both orally and in writing:55 'This business is not sponsored by, or affiliated with, the Uni ted States Department of56 Veterans Affairs or the Georgia Department of Veterans Service, or any other federally57 chartered veterans' service organization. Other organizations, including but not limited58 to the Georgia Department of Veterans Service, a local veterans' service organization, and59 other federally chartered veterans' service organizations may be able to provide you with60 this service free of charge. Products or services offered by t his business are not61 necessarily endorsed by any of these organizations. You may qualify for other veterans'62 benefits beyond the benefits for which you are receiving services here.'63 The written disclosure shall appear in at least 14 point type in an easily identifiable place64 in the person's agreement with the veteran. The veteran shall verbally acknowledge65 understanding of the oral disclosure and sign the document in which the written disclosure66 appears to represent understanding of these provisions. The person offering services must67 retain a copy of the written disclosure while providing veteran s' benefits services for68 - 3 - 26 LC 46 1662S compensation to the veteran for at least one year after the dat e on which the agreement69 entered into by the parties terminates.70 (h) Persons engaging in advising, assisting, or consulting on veterans' benefits matters for71 a fee shall not:72 (1) Utilize international call centers or data centers for pro cessing veterans' personal73 information; or74 (2) Request a veteran's personal login, username, or password information or use such75 information to access such veteran's medical, financial, or gov ernment benefits76 information.77 (i) Persons engaging in advising, assisting, or consulting on veterans' benefits matters for78 a fee shall be accredited by the United States Department of Ve terans Affairs for that79 purpose and ensure that any employee of such person who has access to veterans' medical80 or financial information undergoes a background check prior to having access to such81 information. The background check shall be conducted by a reputable entity and include82 identity verification and a criminal records check processes.83 (j) A violation of the provisions of this Code section shall constitute a deceptive and unfair84 act or practice in the conduct of trade or commerce under this part.85 (k) Each day that a violation of this Code section continues s hall constitute a separate86 violation.87 (l) In addition to the civil penalties described in Code Secti on 10-1-397, the Attorney88 General shall, subject to notice and opportunity for hearing in accordance with Code89 Section 10-1-398 unless the right to notice is waived by the pe rson against whom the90 sanction is imposed, issue an order against a person who willfu lly violates this Code91 section imposing a civil penalty of no less than $10,000.00 per violation.92 (m) Nothing in this Code section is to be construed as applying to, limiting, or expanding93 the requirements imposed on agents, attorneys, or other representatives accredited by the94 United States Department of Veterans Affairs and regulated by that agency."95 - 4 - 26 LC 46 1662S SECTION 3.96 This Act shall become effective upon its approval by the Governor or upon its becoming law97 without such approval.98 SECTION 4.99 All laws and parts of laws in conflict with this Act are repealed.100 - 5 -