| 1 | 1 | | 25 LC 46 0999 |
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| 2 | 2 | | House Bill 108 |
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| 3 | 3 | | By: Representatives Bonner of the 73 |
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| 4 | 4 | | rd |
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| 5 | 5 | | , Clark of the 100 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Prince of the 132 |
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| 8 | 8 | | nd |
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| 9 | 9 | | , Cannon of the |
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| 10 | 10 | | 172 |
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| 11 | 11 | | nd |
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| 12 | 12 | | , and Hitchens of the 161 |
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| 13 | 13 | | st |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia |
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| 18 | 18 | | 1 |
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| 19 | 19 | | Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide certain2 |
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| 20 | 20 | | protections for veterans and other eligible persons applying for benefits; to provide for3 |
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| 21 | 21 | | limitations; to provide for violations; to provide for a short title; to provide for definitions;4 |
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| 22 | 22 | | to provide for an effective date; to provide for related matters; to repeal conflicting laws; and5 |
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| 23 | 23 | | for other purposes.6 |
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| 24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 25 | 25 | | SECTION 1.8 |
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| 26 | 26 | | This Act shall be known and may be cited as the "Safeguarding American Veteran9 |
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| 27 | 27 | | Empowerment Act" or "SAVE Act." 10 |
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| 28 | 28 | | SECTION 2.11 |
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| 29 | 29 | | Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,12 |
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| 30 | 30 | | relating to the "Fair Business Practices Act of 1975," is amended by adding a new Code13 |
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| 31 | 31 | | section to read as follows:14 |
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| 32 | 32 | | H. B. 108 |
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| 33 | 33 | | - 1 - 25 LC 46 0999 |
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| 34 | 34 | | "10-1-409.15 |
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| 35 | 35 | | (a) As used in this Code section, the term:16 |
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| 36 | 36 | | (1) 'Compensation' means any money, thing of value, or economic benefit conferred on,17 |
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| 37 | 37 | | or received by, any person in return for services rendered, or to be rendered, by himself18 |
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| 38 | 38 | | or herself or another.19 |
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| 39 | 39 | | (2) 'Person' means any natural person, corporation, trust, partnership, incorporated or20 |
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| 40 | 40 | | unincorporated association, or any other legal entity.21 |
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| 41 | 41 | | (3) 'Veteran' means a former member of the United States armed forces or other eligible22 |
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| 42 | 42 | | person entitled to a benefit from the United States armed forces.23 |
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| 43 | 43 | | (4) 'Veterans' benefits matter' means the preparation, presentation, or prosecution of any24 |
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| 44 | 44 | | claim affecting any person who has filed or expressed an intent to file a claim for any25 |
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| 45 | 45 | | benefit, program, service, commodity, function, status, or entitlement for which veterans,26 |
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| 46 | 46 | | their dependents, their survivors, or any other individual are eligible under the laws and27 |
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| 47 | 47 | | regulations administered by the United States Department of Veterans' Affairs or the28 |
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| 48 | 48 | | Georgia Department of Veterans Service.29 |
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| 49 | 49 | | (b) No person shall receive compensation for referring any individual to another person30 |
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| 50 | 50 | | to advise or assist the individual with any veterans' benefits matter.31 |
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| 51 | 51 | | (c) No person shall receive any compensation for any services rendered to a veteran in32 |
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| 52 | 52 | | connection with any claim filed within the one-year presumptive period of active duty33 |
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| 53 | 53 | | release, unless prior to the inception of the services agreement, the veteran acknowledges34 |
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| 54 | 54 | | in writing that he or she is within such period yet chooses to decline free services available35 |
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| 55 | 55 | | to him or her through the United States Department of Veterans' Affairs and the Georgia36 |
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| 56 | 56 | | Department of Veterans Service.37 |
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| 57 | 57 | | (d) A person seeking to receive compensation for advising, assisting, or consulting with38 |
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| 58 | 58 | | any individual in connection with any veterans' benefits matter shall, before rendering any39 |
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| 59 | 59 | | services, memorialize the specific terms under which the amount to be paid shall be40 |
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| 60 | 60 | | determined in a written agreement signed by both parties. Compensation shall be purely41 |
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| 61 | 61 | | H. B. 108 |
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| 62 | 62 | | - 2 - 25 LC 46 0999 |
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| 63 | 63 | | contingent upon an increase in benefits awarded, and if successful, compensation shall not42 |
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| 64 | 64 | | exceed five times the amount of the monthly increase in benefits awarded based on the43 |
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| 65 | 65 | | claim. No initial or nonrefundable fee shall be charged by a person advising, assisting, or44 |
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| 66 | 66 | | consulting an individual on a veterans' benefits matter.45 |
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| 67 | 67 | | (e) A person seeking to receive compensation for advising, assisting, or consulting with46 |
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| 68 | 68 | | any individual regarding any veterans' benefits matter shall not utilize for a secondary47 |
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| 69 | 69 | | medical examination of the veteran a medical professional with whom such person has an48 |
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| 70 | 70 | | employment or business relationship.49 |
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| 71 | 71 | | (f) No person shall guarantee, either directly or impliedly, a successful outcome or that any50 |
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| 72 | 72 | | individual is certain to receive specific veterans' benefits or that any individual is certain51 |
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| 73 | 73 | | to receive a specific level, percentage, or amount of veterans' benefits.52 |
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| 74 | 74 | | (g) No person shall advise, assist, or consult for compensation with any veteran concerning53 |
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| 75 | 75 | | any veterans' benefits matter without clearly providing prior to entering into a services54 |
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| 76 | 76 | | agreement the following disclosure both orally and in writing:55 |
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| 77 | 77 | | 'This business is not sponsored by, or affiliated with, the United States Department of56 |
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| 78 | 78 | | Veterans' Affairs or the Georgia Department of Veterans Service, or any other federally57 |
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| 79 | 79 | | chartered veterans' service organization. Other organizations, including but not limited58 |
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| 80 | 80 | | to the Georgia Department of Veterans Service, a local veterans' service organization, and59 |
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| 81 | 81 | | other federally chartered veterans' service organizations may be able to provide you with60 |
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| 82 | 82 | | this service free of charge. Products or services offered by this business are not61 |
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| 83 | 83 | | necessarily endorsed by any of these organizations. You may qualify for other veterans'62 |
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| 84 | 84 | | benefits beyond the benefits for which you are receiving services here.'63 |
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| 85 | 85 | | The written disclosure shall appear in at least 12 point type in an easily identifiable place64 |
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| 86 | 86 | | in the person's agreement with the veteran. The veteran shall verbally acknowledge65 |
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| 87 | 87 | | understanding of the oral disclosure and sign the document in which the written disclosure66 |
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| 88 | 88 | | appears to represent understanding of these provisions. The person offering services must67 |
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| 89 | 89 | | retain a copy of the written disclosure while providing veterans' benefits services for68 |
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| 90 | 90 | | H. B. 108 |
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| 91 | 91 | | - 3 - 25 LC 46 0999 |
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| 92 | 92 | | compensation to the veteran for at least one year after the date on which the agreement69 |
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| 93 | 93 | | entered into by the parties terminates.70 |
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| 94 | 94 | | (h) Persons engaging in advising, assisting, or consulting on veterans' benefits matters for71 |
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| 95 | 95 | | a fee shall not:72 |
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| 96 | 96 | | (1) Utilize international call centers or data centers for processing veterans' personal73 |
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| 97 | 97 | | information; or74 |
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| 98 | 98 | | (2) Request a veteran's personal login, username, or password information or use such75 |
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| 99 | 99 | | information to access such veteran's medical, financial, or government benefits76 |
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| 100 | 100 | | information.77 |
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| 101 | 101 | | (i) Persons engaging in advising, assisting, or consulting on veterans' benefits matters for78 |
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| 102 | 102 | | a fee shall ensure that any employee of such person who has access to veterans' medical79 |
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| 103 | 103 | | or financial information undergoes a background check prior to having access to such80 |
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| 104 | 104 | | information. The background check shall be conducted by a reputable entity and include81 |
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| 105 | 105 | | identity verification and a criminal records check processes.82 |
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| 106 | 106 | | (j) A violation of the provisions of this Code section shall constitute a deceptive and unfair83 |
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| 107 | 107 | | act or practice in the conduct of trade or commerce under this part.84 |
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| 108 | 108 | | (k) Each day that a violation of this Code section continues shall constitute a separate85 |
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| 109 | 109 | | violation.86 |
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| 110 | 110 | | (l) Nothing in this Code section is to be construed as applying to, limiting, or expanding87 |
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| 111 | 111 | | the requirements imposed on agents, attorneys, or other representatives accredited by the88 |
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| 112 | 112 | | United States Department of Veterans Affairs and regulated by that agency."89 |
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| 113 | 113 | | SECTION 3.90 |
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| 114 | 114 | | This Act shall become effective upon its approval by the Governor or upon its becoming law91 |
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| 115 | 115 | | without such approval.92 |
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| 116 | 116 | | H. B. 108 |
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| 117 | 117 | | - 4 - 25 LC 46 0999 |
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| 118 | 118 | | SECTION 4. |
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| 119 | 119 | | 93 |
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| 120 | 120 | | All laws and parts of laws in conflict with this Act are repealed.94 |
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| 121 | 121 | | H. B. 108 |
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| 122 | 122 | | - 5 - |
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