Senate Bill 73
By: Senators Payne of the 54th, Kirkpatrick of the 32nd, Setzler of the 37th, Anderson of the
24th, Gooch of the 51st and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide certain
protections for veterans and other eligible persons applying for benefits; to provide for
limitations; to provide for violations; to provide for a short title; to provide for definitions;
to provide for an effective date; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Safeguarding American Veteran
Empowerment Act" or "SAVE Act."
SECTION 2.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
relating to the "Fair Business Practices Act of 1975," is amended by adding a new Code
section to read as follows:
<ins>"10-1-409.
(a) As used in this Code section, the term:
(1) 'Compensation' means any money, thing of value, or economic benefit conferred on,
or received by, any person in return for services rendered, or to be rendered, by himself
or herself or another.
(2) 'Person' means any natural person, corporation, trust, partnership, incorporated or
unincorporated association, or any other legal entity.
(3) 'Veteran' means a former member of the United States armed forces or other eligible
person entitled to a benefit from the United States armed forces.
(4) 'Veterans' benefits matter' means the preparation, presentation, or prosecution of any
claim affecting any person who has filed or expressed an intent to file a claim for any
benefit, program, service, commodity, function, status, or entitlement for which veterans,
their dependents, their survivors, or any other individual are eligible under the laws and
regulations administered by the United States Department of Veterans' Affairs or the
Georgia Department of Veterans Service.
(b) No person shall receive compensation for referring any individual to another person
to advise or assist the individual with any veterans' benefits matter.
(c) No person shall receive any compensation for any services rendered to a veteran in
connection with any claim filed within the one-year presumptive period of active duty
release, unless prior to the inception of the services agreement, the veteran acknowledges
in writing that he or she is within such period yet chooses to decline free services available
to him or her through the United States Department of Veterans' Affairs and the Georgia
Department of Veterans Service.
(d) A person seeking to receive compensation for advising, assisting, or consulting with
any individual in connection with any veterans' benefits matter shall, before rendering any
services, memorialize the specific terms under which the amount to be paid shall be
determined in a written agreement signed by both parties. Compensation shall be purely
</ins>
<ins>contingent upon an increase in benefits awarded, and if successful, compensation shall not
exceed five times the amount of the monthly increase in benefits awarded based on the
claim. No initial or nonrefundable fee shall be charged by a person advising, assisting, or
consulting an individual on a veterans' benefits matter.
(e) A person seeking to receive compensation for advising, assisting, or consulting with
any individual regarding any veterans' benefits matter shall not utilize for a secondary
medical examination of the veteran a medical professional with whom such person has an
employment or business relationship.
(f) No person shall guarantee, either directly or impliedly, a successful outcome or that any
individual is certain to receive specific veterans' benefits or that any individual is certain
to receive a specific level, percentage, or amount of veterans' benefits.
(g) No person shall advise, assist, or consult for compensation with any veteran concerning
any veterans' benefits matter without clearly providing prior to entering into a services
agreement the following disclosure both orally and in writing:
'This business is not sponsored by, or affiliated with, the United States Department of
Veterans' Affairs or the Georgia Department of Veterans Service, or any other federally
chartered veterans' service organization. Other organizations, including but not limited
to the Georgia Department of Veterans Service, a local veterans' service organization, and
other federally chartered veterans' service organizations may be able to provide you with
this service free of charge. Products or services offered by this business are not
necessarily endorsed by any of these organizations. You may qualify for other veterans'
benefits beyond the benefits for which you are receiving services here.'
The written disclosure shall appear in at least 12 point type in an easily identifiable place
in the person's agreement with the veteran. The veteran shall verbally acknowledge
understanding of the oral disclosure and sign the document in which the written disclosure
appears to represent understanding of these provisions. The person offering services must
retain a copy of the written disclosure while providing veterans' benefits services for
</ins>
<ins>compensation to the veteran for at least one year after the date on which the agreement
entered into by the parties terminates.
(h) Persons engaging in advising, assisting, or consulting on veterans' benefits matters for
a fee shall not:
(1) Utilize international call centers or data centers for processing veterans' personal
information; or
(2) Request a veteran's personal login, username, or password information or use such
information to access such veteran's medical, financial, or government benefits
information.
(i) Persons engaging in advising, assisting, or consulting on veterans' benefits matters for
a fee shall ensure that any employee of such person who has access to veterans' medical
or financial information undergoes a background check prior to having access to such
information. The background check shall be conducted by a reputable entity and include
identity verification and a criminal records check processes.
(j) A violation of the provisions of this Code section shall constitute a deceptive and unfair
act or practice in the conduct of trade or commerce under this part.
(k) Each day that a violation of this Code section continues shall constitute a separate
violation.
(l) Nothing in this Code section is to be construed as applying to, limiting, or expanding
the requirements imposed on agents, attorneys, or other representatives accredited by the
United States Department of Veterans Affairs and regulated by that agency."
</ins> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.