First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0769.01 Anna Petrini x5497 HOUSE BILL 25-1233 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING PERSONS WHO PROV IDE ASSISTANCE WITH VETERANS '101 BENEFITS CLAIMS , AND, IN CONNECTION THEREWITH ,102 ESTABLISHING THAT CERTAIN ACT IONS BY SUCH PERSONS ARE103 DECEPTIVE TRADE PRACTICES UNDER THE "COLORADO104 C ONSUMER PROTECTION ACT".105 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill makes it a deceptive trade practice under the "Colorado Consumer Protection Act" for a person who advises, assists, or consults HOUSE SPONSORSHIP Richardson and Carter, Armagost, Keltie SENATE SPONSORSHIP Hinrichsen, Sullivan Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. a veteran, in connection with a claim for veterans' benefits (veterans' benefits matter), to: ! Receive compensation in excess of $12,500 for the service, subject to additional limitations linking permissible compensation to results delivered; ! Receive compensation for referring a veteran to a third party; ! Collect compensation on behalf of a third party engaged to assist with any aspect of a veterans' benefits matter; ! Receive compensation in connection with a claim filed within the one-year period following a veteran's release from active duty without a signed waiver from the veteran; ! Fail to provide a veteran the option of an interest-free payment plan; ! Guarantee a successful outcome in a veterans' benefits matter or engage in certain direct advertising; ! Fail to memorialize the payment terms and certain disclosures in a written, signed business agreement; ! Fail to take various security measures related to veterans' personal information; or ! Fail to remain a member in good standing of a national veterans' benefit trade organization that holds members to ethics and certification standards. The bill requires the attorney general or district attorney to transmit any civil penalty collected for a violation of the veterans' benefits matter provisions to the state treasurer for deposit in the Colorado state veterans trust fund. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Veterans embody courage and sacrifice, defending our4 freedoms. Ensuring they receive the benefits they have earned is a moral5 obligation shared by all. Supporting veterans honors their service and6 ensures they thrive in civilian life while reflecting our values and7 fulfilling our commitment to those who have safeguarded our nation.8 (b) According to 2023 data from the United States department of9 veterans affairs, Colorado is home to an estimated 369,000 veterans. The10 HB25-1233-2- $2.7 billion in service-connected compensation Colorado's veterans and1 veterans' survivors receive each year undeniably improves their quality of2 life and has a significant impact on the state's economy.3 (c) As of mid-January 2025, the United States veterans4 administration reports 969,748 pending benefit claims, including5 disability compensation and pension claims that normally require a rating6 decision. Over a quarter of the pending benefit claims have been active7 for 125 days or longer and are considered backlogged. Colorado's8 veterans have 17,433 pending claims, and 4,235 of them are backlogged.9 The average processing time for a Colorado veteran's claim is 135 days.10 (d) By assisting with the preparation of a veteran's benefit claim,11 professional, trained, and ethical individuals can help reduce the time that12 the veterans administration requires to process the claim once it is13 submitted;14 (e) State and local veterans service officers and veterans15 associations, including the veterans of foreign wars, American legion, and16 disabled American veterans, as well as attorneys and agents accredited by17 the United States department of veterans affairs, continue to provide free18 claims preparation services that hold great value for veterans and deserve19 our support. However, the large volume of benefit claims exceeds the20 combined capacity of these organizations and individuals.21 (f) The private sector, which includes non-accredited consultants22 that are not acting as agents or attorneys, has stepped forward to assist23 and offer options for those who choose to forego the free services of24 veterans service officers and veterans associations. While the majority of25 for-profit service providers deliver quality services in a transparent and26 ethical manner, there will always be some that prey on veterans who are27 HB25-1233 -3- unsuspecting or simply desperate for help.1 (g) Because of the predatory practices of some providers of claims2 preparation services, consumer protections are necessary to safeguard3 Colorado's veterans and ensure that only legitimate for-profit entities4 operate in the state to provide choice and capacity in the preparation of5 veterans' benefits claims.6 SECTION 2. In Colorado Revised Statutes, 6-1-112, amend7 (1)(a), (1)(b), and (1)(c); and add (4) as follows:8 6-1-112. Civil penalties - definition. (1) The attorney general or9 a district attorney may bring a civil action on behalf of the state to seek10 the imposition of civil penalties as follows:11 (a) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)12 of this section, any person who violates or causes another to violate any13 provision of this article 1 shall forfeit and pay to the general fund of this14 state a civil penalty of not more than twenty thousand dollars for each15 such violation. For purposes of this subsection (1)(a), a violation of any16 provision shall constitute a separate violation with respect to each17 consumer or transaction involved.18 (b) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)19 of this section, any person who violates or causes another to violate any20 court order or injunction issued pursuant to this article 1 shall forfeit and21 pay to the general fund of this state a civil penalty of not more than ten22 thousand dollars for each such violation. For the purposes of this section,23 the court issuing the order or injunction shall retain RETAINS jurisdiction,24 and the cause shall be IS continued. Upon violation, the attorney general25 or a district attorney may petition the court for the recovery of the civil26 penalty. Such civil penalty shall be IS in addition to any other penalty or27 HB25-1233 -4- remedy available for the enforcement of the provisions of this article 11 and any court order or injunction.2 (c) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)3 of this section, any person who violates or causes another to violate any4 provision of this article 1, where IN WHICH such violation was committed5 against an elderly person, shall forfeit and pay to the general fund of the6 state a civil penalty of not more than fifty thousand dollars for each such7 violation. For purposes of this subsection (1)(c), a violation of any8 provision of this article 1 is a separate violation with respect to each9 elderly person involved.10 (4) T HE ATTORNEY GENERAL OR DISTRICT ATTORNEY SHALL11 TRANSMIT ANY CIVIL PENALTY COLLECTED IN ACCORDANCE WITH THIS12 SECTION FOR A VIOLATION DESCRIBED IN SECTION 6-1-105 (1)(iiii) TO THE13 STATE TREASURER FOR DEPOSIT IN THE COLORADO STATE VETERANS14 TRUST FUND CREATED IN SECTION 28-5-709.15 SECTION 3. In Colorado Revised Statutes, add 6-1-737 as16 follows:17 6-1-737. Veterans' benefits matters - compensation for18 services - written agreements - advertising - disclosures - deceptive19 trade practice - definitions. (1) A S USED IN THIS SECTION, UNLESS THE20 CONTEXT OTHERWISE REQUIRES :21 (a) "C OMPENSATION" MEANS ANY MONEY, THING OF VALUE, OR22 ECONOMIC BENEFIT CONFERRED ON OR RECEIVED BY A PERSON IN RETURN23 FOR SERVICES RENDERED OR TO BE RENDERED BY THE PERSON OR24 ANOTHER.25 (b) "P ERSON" HAS THE MEANING SET FORTH IN SECTION 6-1-102.26 (c) "V ETERAN" MEANS A PERSON WHO SERVED IN THE ACTIVE27 HB25-1233 -5- MILITARY, NAVAL, OR AIR FORCE SERVICE OF THE UNITED STATES AND1 WHO WAS DISCHARGED OR RELEASED UNDER CONDITIONS OTHER THAN2 DISHONORABLE, IN ACCORDANCE WITH U.S.C. TITLE 38. "VETERAN"3 INCLUDES AN ELIGIBLE MEMBER OF THE RESERVES OR NATIONAL GUARD ,4 A VETERAN'S DEPENDENT, A VETERAN'S SURVIVOR, OR ANOTHER5 INDIVIDUAL ELIGIBLE FOR A BENEFIT PURSUANT TO THE LAWS AND6 REGULATIONS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF7 VETERANS AFFAIRS OR THE COLORADO DEPARTMENT OF MILITARY AND8 VETERANS AFFAIRS.9 (d) "V ETERANS' BENEFITS MATTER" MEANS THE PREPARATION ,10 PRESENTATION, OR PROSECUTION OF A CLAIM AFFECTING A VETERAN WHO11 HAS FILED OR EXPRESSED AN INTENT TO FILE A CLAIM FOR A BENEFIT ,12 PROGRAM, SERVICE, COMMODITY, FUNCTION, STATUS, OR ENTITLEMENT13 FOR WHICH THE VETERAN MAY BE ELIGIBLE PURSUANT TO THE LAWS AND14 REGULATIONS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF15 VETERANS AFFAIRS OR THE COLORADO DEPARTMENT OF MILITARY AND16 VETERANS AFFAIRS.17 (2) (a) A PERSON MAY ONLY BE COMPENSATED FOR ADVISING ,18 ASSISTING, OR CONSULTING A VETERAN ON A VETERANS ' BENEFITS MATTER19 IF THE PERSON SECURES AN INCREASE IN THE BENEFITS AWARDED .20 C OMPENSATION FOR ADVISING, ASSISTING, OR CONSULTING A VETERAN ON21 A FEDERAL VETERANS' ADMINISTRATION DISABILITY CLAIM MUST NOT22 EXCEED FIVE TIMES THE AMOUNT OF ANY INCREASE IN MONTHLY BENEFITS23 AWARDED AS A RESULT OF THE PERSON 'S ADVICE, ASSISTANCE, OR24 CONSULTATION.25 (b) T HE COMPENSATION CALCULATED PURSUANT TO SUBSECTION26 (2)(a) OF THIS SECTION MUST NOT EXCEED TWELVE THOUSAND FIVE27 HB25-1233 -6- HUNDRED DOLLARS.1 (c) A PERSON SHALL NOT RECEIVE ANY COMPENSATION FOR2 ADVISING, ASSISTING, OR CONSULTING A VETERAN ON A VETERANS '3 BENEFITS MATTER BEYOND THE COMPENSATION CALCULATED PURSUANT4 TO SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION. THE PROHIBITION ON5 ADDITIONAL COMPENSATION EXTENDS TO , BUT IS NOT LIMITED TO:6 (I) A N INITIAL OR NONREFUNDABLE FEE;7 (II) C OMPENSATION RECEIVED ON BEHALF OF A THIRD PERSON8 ENGAGED TO ADVISE, ASSIST, OR CONSULT ON AN ASPECT OF A VETERANS'9 BENEFITS MATTER; OR10 (III) C OMPENSATION FOR REFERRING A VETERAN TO A THIRD11 PERSON TO ADVISE, ASSIST, OR CONSULT ON A VETERANS ' BENEFITS12 MATTER.13 (3) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A14 VETERANS' BENEFITS MATTER SHALL NOT RECEIVE COMPENSATION FOR15 SERVICES RENDERED IN CONNECTION WITH A CLAIM FILED WITHIN THE16 ONE-YEAR PERIOD FOLLOWING A VETERAN 'S RELEASE FROM ACTIVE DUTY17 DURING WHICH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS18 PRESUMES CERTAIN DISABLING CONDITIONS ARE SERVICE -CONNECTED,19 UNLESS THE VETERAN ACKNOWLEDGES BY SIGNING A WAIVER THAT THE20 VETERAN IS WITHIN THE ONE-YEAR PERIOD AND CHOOSES TO DECLINE FREE21 SERVICES THAT ARE AVAILABLE.22 (4) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A23 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL PROVIDE A24 VETERAN THE OPTION OF AN INTEREST -FREE PAYMENT PLAN OF NOT25 LONGER THAN ONE YEAR.26 (5) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A27 HB25-1233 -7- VETERANS' BENEFITS MATTER SHALL NOT GUARANTEE , EITHER DIRECTLY1 OR BY IMPLICATION, A SUCCESSFUL OUTCOME IN A VETERANS ' BENEFITS2 MATTER, INCLUDING THAT A VETERAN IS CERTAIN TO RECEIVE SPECIFIC3 VETERANS' BENEFITS OR THAT A VETERAN IS CERTAIN TO RECEIVE A4 SPECIFIC LEVEL, PERCENTAGE, OR AMOUNT OF VETERANS' BENEFITS.5 (6) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A6 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL NOT DIRECTLY7 ADVERTISE OR MARKET TO AN INDIVIDUALLY IDENTIFIED VETERAN ,8 RESIDENCE, OR BUSINESS LOCATION . THE PROHIBITION ON DIRECT9 ADVERTISING AND MARKETING DOES NOT INCLUDE COMMUNICATING VIA10 TELEPHONE, MAIL, OR ELECTRONIC COMMUNICATION , IF INITIATED BY A11 VETERAN.12 (7) A PERSON SEEKING COMPENSATION FOR ADVISING , ASSISTING,13 OR CONSULTING ON A VETERANS ' BENEFITS MATTER SHALL , BEFORE14 RENDERING ANY SERVICES, MEMORIALIZE THE SPECIFIC TERMS UNDER15 WHICH THE AMOUNT OF COMPENSATION WILL BE DETERMINED AND PAID16 IN A WRITTEN BUSINESS AGREEMENT SIGNED BY BOTH PARTIES .17 (8) (a) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A18 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL PROVIDE THE19 FOLLOWING DISCLOSURE IN THE WRITTEN BUSINESS AGREEMENT REQUIRED20 PURSUANT TO SUBSECTION (7) OF THIS SECTION:21 T HIS BUSINESS IS NOT SPONSORED BY OR AFFILIATED WITH22 THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS23 OR THE COLORADO DEPARTMENT OF MILITARY AND24 V ETERANS AFFAIRS, OR ANY OTHER FEDERALLY CHARTERED25 VETERANS' SERVICE ORGANIZATION . OTHER26 ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO, THE27 HB25-1233 -8- COLORADO DEPARTMENT OF MILITARY AND VETERANS1 A FFAIRS, A LOCAL VETERANS' SERVICE ORGANIZATION AND2 OTHER FEDERALLY CHARTERED VETERANS ' SERVICE3 ORGANIZATIONS, MAY PROVIDE THIS SERVICE FREE OF4 CHARGE OR MIGHT NOT ENDORSE THIS SERVICE . YOU MAY5 QUALIFY FOR OTHER VETERANS ' BENEFITS OUTSIDE THE6 SCOPE OF THIS BUSINESS AGREEMENT .7 (b) I F A PERSON, OR AN EMPLOYEE , CONTRACTOR, OR8 SUBCONTRACTOR OF THE PERSON , WHO IS ADVISING, ASSISTING, OR9 CONSULTING ON A VETERANS ' BENEFITS MATTER FOR COMPENSATION IS10 NOT ACCREDITED BY THE UNITED STATES VETERANS ADMINISTRATION11 PURSUANT TO THE REQUIREMENTS OF 38 CFR 14.629, THE PERSON SHALL12 DISCLOSE THE LACK OF ACCREDITATION ALONG WITH A CLEAR13 EXPLANATION OF WHAT IT MEANS TO LACK ACCREDITATION . A PERSON14 ADVISING, ASSISTING, OR CONSULTING ON A VETERANS' BENEFITS MATTER15 FOR COMPENSATION SHALL PROVIDE THE ACCREDITATION DISCLOSURE16 REQUIRED PURSUANT TO THIS SUBSECTION (8)(b) IN THE WRITTEN17 AGREEMENT REQUIRED PURSUANT TO SUBSECTION (7) OF THIS SECTION, IN18 A CONSPICUOUS LOCATION ON THE PERSON 'S WEBSITE, AND IN A19 CONSPICUOUS LOCATION AT THE PERSON 'S PHYSICAL ADDRESS , IF20 APPLICABLE.21 (9) T HE DISCLOSURES REQUIRED PURSUANT TO SUBSECTION (8) OF22 THIS SECTION MUST APPEAR IN BOLD -FACED FONT IN AT LEAST23 TWELVE-POINT TYPE IN AN EASILY IDENTIFIABLE PLACE IN THE BUSINESS24 AGREEMENT. THE VETERAN SHALL SIGN THE PAGE ON WHICH EACH25 DISCLOSURE APPEARS TO REPRESENT AN UNDERSTANDING OF ITS TERMS .26 T HE PERSON ADVISING, ASSISTING, OR CONSULTING ON A VETERANS '27 HB25-1233 -9- BENEFITS MATTER FOR COMPENSATION SHALL RETAIN A COPY OF THE1 WRITTEN BUSINESS AGREEMENT CONTAINING THE DISCLOSURE FOR AT2 LEAST ONE YEAR AFTER THE DATE ON WHICH THE SERVICE RELATIONSHIP3 WITH THE VETERAN TERMINATES .4 (10) (a) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A5 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL NOT :6 (I) U SE INTERNATIONAL CALL CENTERS OR DATA CENTERS FOR7 PROCESSING VETERANS' PERSONAL INFORMATION;8 (II) U SE A VETERAN'S PERSONAL LOG-IN CREDENTIALS TO ACCESS9 THE VETERAN'S MEDICAL, FINANCIAL, OR GOVERNMENT BENEFITS10 INFORMATION; OR11 (III) D ISCLOSE PERSONAL DATA OBTAINED IN CONNECTION WITH A12 VETERANS' BENEFITS MATTER TO A THIRD PERSON , UNLESS THE13 DISCLOSURE IS MADE PURSUANT TO A COURT ORDER .14 (b) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A15 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL :16 (I) C OMPLETE A CRIMINAL BACKGROUND CHECK OF A PERSON17 PRIOR TO PERMITTING THE PERSON TO ACCESS A VETERAN 'S MEDICAL,18 FINANCIAL, OR GOVERNMENT BENEFITS INFORMATION . THE BACKGROUND19 CHECK MUST BE CONDUCTED BY A REPUTABLE SOURCE AND INCLUDE20 IDENTITY VERIFICATION AND A CRIMINAL HISTORY RECORD CHECK .21 (II) S AFEGUARD A VETERAN'S MEDICAL DATA IN COMPLIANCE WITH22 FEDERAL AND STATE PRIVACY LAWS , INCLUDING THE FEDERAL "HEALTH23 I NSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C.24 SEC. 1320d TO 1320d-9.25 (11) A PERSON ADVISING, ASSISTING, OR CONSULTING ON A26 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL REMAIN A27 HB25-1233 -10- MEMBER IN GOOD STANDING OF THE NATI ONAL ASSOCIATION FOR VETERAN1 RIGHTS OR A NATIONAL VETERANS ' BENEFIT TRADE ORGANIZATION THAT2 HAS ESTABLISHED FOR EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS3 OF THE ORGANIZATION 'S MEMBERS BOTH A CODE OF ETHICS AND4 TECHNICAL CERTIFICATION STANDARDS EQUIVALENT TO THE CODE OF5 ETHICS AND TECHNICAL CERTIFICATION STANDARDS THAT APPLY TO A6 VETERANS SERVICE OFFICER CERTIFIED BY THE UNITED STATES7 DEPARTMENT OF VETERANS AFFAIRS AND EQUIVALENT TO THE CODE OF8 ETHICS AND TECHNICAL CERTIFICATION STANDARDS OF THE NATIONAL9 ASSOCIATION FOR VETERAN RIGHTS .10 (12) A PERSON WHO VIOLATES A PROVISION OF THIS SECTION11 ENGAGES IN A DECEPTIVE TRADE PRACTICE .12 (13) T HIS SECTION DOES NOT APPLY TO, LIMIT, OR EXPAND THE13 REQUIREMENTS IMPOSED ON AGENTS , ATTORNEYS, OR OTHER14 REPRESENTATIVES ACCREDITED BY THE UNITED STATES DEPARTMENT OF15 VETERANS AFFAIRS AND REGULATED BY THAT AGENCY .16 SECTION 4. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)17 as follows:18 6-1-105. Unfair or deceptive trade practices - definitions. (1) A19 person engages in a deceptive trade practice when, in the course of the20 person's business, vocation, or occupation, the person:21 (iiii) V IOLATES A PROVISION OF SECTION 6-1-737.22 SECTION 5. Act subject to petition - effective date -23 applicability. (1) This act takes effect January 1, 2026; except that, if a24 referendum petition is filed pursuant to section 1 (3) of article V of the25 state constitution against this act or an item, section, or part of this act26 within the ninety-day period after final adjournment of the general27 HB25-1233 -11- assembly, then the act, item, section, or part will not take effect unless1 approved by the people at the general election to be held in November2 2026 and, in such case, will take effect on the date of the official3 declaration of the vote thereon by the governor.4 (2) This act applies to violations on or after the applicable5 effective date of this act.6 HB25-1233 -12-