Maryland 2025 Regular Session

Maryland House Bill HB267 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *hb0267*
96
107 HOUSE BILL 267
118 P1, I3 5lr1199
12- (PRE–FILED) CF SB 928
9+ (PRE–FILED) CF 5lr1200
1310 By: Delegates Allen and Rogers
1411 Requested: October 15, 2024
1512 Introduced and read first time: January 8, 2025
1613 Assigned to: Economic Matters
17-Committee Report: Favorable
18-House action: Adopted
19-Read second time: March 6, 2025
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Veterans Benefits Matters – Claim Servicers – Prohibitions and Requirements 2
2620
2721 FOR the purpose of establishing prohibitions and requirements regarding compensation 3
2822 for certain services related to veterans benefits matters; prohibiting a person that is 4
2923 not V.A. accredited from making certain guarantees; providing for the enforcement 5
3024 of this Act under the Maryland Consumer Protection Act; repealing certain 6
3125 advertising and disclosure requirements for veterans benefits services and veterans 7
3226 benefits appeals services; and generally relating to veterans benefits matters. 8
3327
3428 BY repealing and reenacting, with amendments, 9
3529 Article – Commercial Law 10
3630 Section 13–301(14)(xliv) 11
3731 Annotated Code of Maryland 12
3832 (2013 Replacement Volume and 2024 Supplement) 13
3933 (As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 14
4034 General Assembly of 2024) 15
4135
4236 BY repealing and reenacting, without amendments, 16
4337 Article – Commercial Law 17
4438 Section 13–301(14)(xlv) and (15) 18
4539 Annotated Code of Maryland 19
4640 (2013 Replacement Volume and 2024 Supplement) 20
4741
48-BY adding to 21 2 HOUSE BILL 267
42+BY adding to 21
43+ Article – Commercial Law 22
44+Section 13–301(14)(xlvi) 23
45+ Annotated Code of Maryland 24
46+ (2013 Replacement Volume and 2024 Supplement) 25
47+
48+BY repealing 26 2 HOUSE BILL 267
4949
5050
51- Article – Commercial Law 1
52-Section 13301(14)(xlvi) 2
51+ Article – State Government 1
52+ Section 9905.1 2
5353 Annotated Code of Maryland 3
54- (2013 Replacement Volume and 2024 Supplement) 4
54+ (2021 Replacement Volume and 2024 Supplement) 4
5555
56-BY repealing 5
56+BY adding to 5
5757 Article – State Government 6
5858 Section 9–905.1 7
5959 Annotated Code of Maryland 8
6060 (2021 Replacement Volume and 2024 Supplement) 9
6161
62-BY adding to 10
63- Article – State Government 11
64- Section 9–905.1 12
65- Annotated Code of Maryland 13
66- (2021 Replacement Volume and 2024 Supplement) 14
62+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
63+That the Laws of Maryland read as follows: 11
6764
68- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
69-That the Laws of Maryland read as follows: 16
65+Article – Commercial Law 12
7066
71-Article – Commercial Law 17
67+13–301. 13
7268
73-13–301. 18
69+ Unfair, abusive, or deceptive trade practices include any: 14
7470
75- Unfair, abusive, or deceptive trade practices include any: 19
71+ (14) Violation of a provision of: 15
7672
77- (14) Violation of a provision of: 20
73+ (xliv) Title 14, Subtitle 49 of this article; [or] 16
7874
79- (xliv) Title 14, Subtitle 49 of this article; [or] 21
75+ (xlv) Section 12–6C–09.1 of the Health Occupations Article; or 17
8076
81- (xlv) Section 12–6C–09.1 of the Health Occupations Article; or 22
77+ (XLVI) SECTION 9–905.1 OF THE STATE GOVERNMENT 18
78+ARTICLE; OR 19
8279
83- (XLVI) SECTION 9–905.1 OF THE STATE GOVERNMENT 23
84-ARTICLE; OR 24
80+ (15) Act or omission that relates to a residential building and that is 20
81+chargeable as a misdemeanor under or otherwise violates a provision of the Energy 21
82+Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. 22
8583
86- (15) Act or omission that relates to a residential building and that is 25
87-chargeable as a misdemeanor under or otherwise violates a provision of the Energy 26
88-Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. 27
84+Article – State Government 23
8985
90-Article – State Government 28
86+[9–905.1. 24
9187
92-[9–905.1. 29
88+ (a) (1) In this section the following words have the meanings indicated. 25
9389
94- (a) (1) In this section the following words have the meanings indicated. 30
90+ (2) “Advertisement” means: 26
9591
96- (2) “Advertisement” means: 31
92+ (i) a written or printed communication made for the purpose of 27
93+soliciting business for veterans benefits appeals services; 28
94+
95+ (ii) a directory listing for a person that is offering veterans benefits 29
96+appeals services; or 30
9797 HOUSE BILL 267 3
9898
9999
100- (i) a written or printed communication made for the purpose of 1
101-soliciting business for veterans benefits appeals services; 2
100+ (iii) a radio, television, computer network or airwave, or electronic 1
101+transmission that solicits business for or promotes a person offering veterans benefits 2
102+appeals services. 3
102103
103- (ii) a directory listing for a person that is offering veterans benefits 3
104-appeals services; or 4
104+ (3) “Veterans benefits appeals services” means any services that a veteran 4
105+might reasonably require in order to appeal a denial of federal, state, or local veterans 5
106+benefits, including denials of disability, limited income, home loan, insurance, education 6
107+and training, health care, burial and memorial, and dependent and survivor benefits. 7
105108
106- (iii) a radio, television, computer network or airwave, or electronic 5
107-transmission that solicits business for or promotes a person offering veterans benefits 6
108-appeals services. 7
109+ (4) “Veterans benefits services” means any services a veteran or a family 8
110+member of a veteran might reasonably use in order to obtain federal, state, or local veterans 9
111+benefits. 10
109112
110- (3) “Veterans benefits appeals services” means any services that a veteran 8
111-might reasonably require in order to appeal a denial of federal, state, or local veterans 9
112-benefits, including denials of disability, limited income, home loan, insurance, education 10
113-and training, health care, burial and memorial, and dependent and survivor benefits. 11
113+ (b) (1) Before entering into an agreement with an individual for the provision 11
114+of veterans benefits services or veterans benefits appeals services, a person who charges a 12
115+fee for those services shall: 13
114116
115- (4) “Veterans benefits services” means any services a veteran or a family 12
116-member of a veteran might reasonably use in order to obtain federal, state, or local veterans 13
117-benefits. 14
117+ (i) provide a written disclosure statement to each individual; and 14
118118
119- (b) (1) Before entering into an agreement with an individual for the provision 15
120-of veterans benefits services or veterans benefits appeals services, a person who charges a 16
121-fee for those services shall: 17
119+ (ii) obtain the individual’s signature on the written disclosure 15
120+statement acknowledging that the individual understands the disclosure statement. 16
122121
123- (i) provide a written disclosure statement to each individual; and 18
122+ (2) The written disclosure statement shall: 17
124123
125- (ii) obtain the individual’s signature on the written disclosure 19
126-statement acknowledging that the individual understands the disclosure statement. 20
124+ (i) be on a form approved by the Secretary; and 18
127125
128- (2) The written disclosure statement shall: 21
126+ (ii) state that veterans benefits services and veterans benefits 19
127+appeals services are offered at no cost by the Department and other veterans services 20
128+organizations accredited by the U.S. Department of Veterans Affairs. 21
129129
130- (i) be on a form approved by the Secretary; and 22
130+ (c) A person who charges a fee for providing veterans benefits appeals services 22
131+shall provide in any advertisement for appeals services notice that appeals services are also 23
132+offered at no cost by the Department and other veterans services organizations accredited 24
133+by the U.S. Department of Veterans Affairs. 25
131134
132- (ii) state that veterans benefits services and veterans benefits 23
133-appeals services are offered at no cost by the Department and other veterans services 24
134-organizations accredited by the U.S. Department of Veterans Affairs. 25
135+ (d) (1) A person who violates the provisions of this section is subject to a civil 26
136+penalty of not more than $1,000 for each violation. 27
135137
136- (c) A person who charges a fee for providing veterans benefits appeals services 26
137-shall provide in any advertisement for appeals services notice that appeals services are also 27
138-offered at no cost by the Department and other veterans services organizations accredited 28
139-by the U.S. Department of Veterans Affairs. 29
138+ (2) Civil penalties shall be in an amount ordered by the District Court in 28
139+an action brought by the Attorney General. 29
140140
141- (d) (1) A person who violates the provisions of this section is subject to a civil 30
142-penalty of not more than $1,000 for each violation. 31
141+ (3) Each day a violation continues is a separate violation. 30
143142
144- (2) Civil penalties shall be in an amount ordered by the District Court in 32
145-an action brought by the Attorney General. 33
146- 4 HOUSE BILL 267
143+ (4) Any civil penalty collected shall be deposited in the Maryland Veterans 31
144+Trust Fund.] 32
145+
146+9–905.1. 33 4 HOUSE BILL 267
147147
148148
149- (3) Each day a violation continues is a separate violation. 1
150149
151- (4) Any civil penalty collected shall be deposited in the Maryland Veterans 2
152-Trust Fund.] 3
150+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
151+INDICATED. 2
153152
154-9–905.1. 4
153+ (2) “COMPENSATION ” MEANS PAYMENT OF MON EY, A THING OF 3
154+VALUE, OR A FINANCIAL BENEF IT. 4
155155
156- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
157-INDICATED. 6
156+ (3) “V.A. ACCREDITED” MEANS AUTHORIZED BY THE U.S. 5
157+DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE SE RVICES IN ACCORDANCE WITH 6
158+38 C.F.R. § 14.629. 7
158159
159- (2) “COMPENSATION ” MEANS PAYMENT OF MON EY, A THING OF 7
160-VALUE, OR A FINANCIAL BENEF IT. 8
160+ (4) “VETERANS BENEFITS MAT TER” MEANS A CLAIM OR APP EAL 8
161+AFFECTING AN INDIVID UAL WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A 9
162+CLAIM FOR ANY BENEFI T, PROGRAM, SERVICE, COMMODITY , FUNCTION, OR STATUS, 10
163+TO WHICH ENTI TLEMENT IS DETERMINE D UNDER THE LAWS AND REGULATIONS 11
164+ADMINISTERED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS OR THE U.S. 12
165+DEPARTMENT OF DEFENSE PERTAINING TO VETERANS, THEIR DEPENDENTS , THEIR 13
166+SURVIVORS, AND ANY OTHER INDIVI DUAL ELIGIBLE FOR SU CH BENEFITS. 14
161167
162- (3) “V.A. ACCREDITED” MEANS AUTHORIZED BY THE U.S. 9
163-DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE SE RVICES IN ACCORDANCE WITH 10
164-38 C.F.R. § 14.629. 11
168+ (B) A PERSON THAT IS NOT V.A. ACCREDITED MAY NOT : 15
165169
166- (4) “VETERANS BENEFITS MAT TER” MEANS A CLAIM OR APP EAL 12
167-AFFECTING AN INDIVID UAL WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A 13
168-CLAIM FOR ANY BENEFI T, PROGRAM, SERVICE, COMMODITY , FUNCTION, OR STATUS, 14
169-TO WHICH ENTITLEMENT IS DETERMINED UNDER THE LAWS AND REGULAT IONS 15
170-ADMINISTERED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS OR THE U.S. 16
171-DEPARTMENT OF DEFENSE PERTAINING TO VETERANS, THEIR DEPENDENTS , THEIR 17
172-SURVIVORS, AND ANY OTHER INDIVI DUAL ELIGIBLE FOR SU CH BENEFITS. 18
170+ (1) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW , RECEIVE 16
171+COMPENSATION FOR : 17
173172
174- (B) A PERSON THAT IS NOT V.A. ACCREDITED MAY NOT : 19
173+ (I) PREPARING, PRESENTING, OR PROSECUTING A VET ERANS 18
174+BENEFITS MATTER ; OR 19
175175
176- (1) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW , RECEIVE 20
177-COMPENSATION FOR : 21
176+ (II) ADVISING, CONSULTING , OR ASSISTING AN INDIVIDUAL 20
177+WITH REGARD TO A VET ERANS BENEFITS MATTE R; 21
178178
179- (I) PREPARING, PRESENTING, OR PROSECUTING A VETERAN S 22
180-BENEFITS MATTER ; OR 23
179+ (2) RECEIVE COMPENSATION FOR REFERRING AN IND IVIDUAL TO 22
180+ANOTHER PERSON FOR T HE PREPARATION , PRESENTATION , OR PROSECUTION OF A 23
181+VETERANS BENEFITS MA TTER OR ADVICE , CONSULTATION , OR ASSISTANCE WITH A 24
182+VETERANS BENEFITS MA TTER; OR 25
181183
182- (II) ADVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL 24
183-WITH REGARD TO A VET ERANS BENEFITS MATTE R; 25
184+ (3) GUARANTEE , EITHER DIRECTLY OR B Y IMPLICATION , THAT AN 26
185+INDIVIDUAL IS CERTAI N TO RECEIVE: 27
184186
185- (2) RECEIVE COMPENSATION FOR REFERRING AN IND IVIDUAL TO 26
186-ANOTHER PERSON FOR T HE PREPARATION , PRESENTATION , OR PROSECUTION OF A 27
187-VETERANS BENEFITS MA TTER OR ADVICE , CONSULTATION , OR ASSISTANCE WITH A 28
188-VETERANS BENEFITS MA TTER; OR 29
187+ (I) SPECIFIC VETERANS BE NEFITS; OR 28
189188
190- (3) GUARANTEE , EITHER DIRECTLY OR B Y IMPLICATION , THAT AN 30
191-INDIVIDUAL IS CERTAI N TO RECEIVE: 31
189+ (II) A SPECIFIC LEVEL , PERCENTAGE , OR AMOUNT OF 29
190+VETERANS BENEFITS . 30
192191 HOUSE BILL 267 5
193192
194193
195- (I) SPECIFIC VETERANS BE NEFITS; OR 1
194+ (C) (1) A PERSON M AY NOT RECEIVE EXCES SIVE OR UNREASONABLE 1
195+FEES, AS DETERMINED IN ACC ORDANCE WITH 38 C.F.R. § 14.636(E), AS 2
196+COMPENSATION FOR PRE PARING, PRESENTING, OR PROSECUTING A VET ERANS 3
197+BENEFITS MATTER OR A DVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL WITH 4
198+A VETERANS BENEFITS MATTER . 5
196199
197- (II) A SPECIFIC LEVEL , PERCENTAGE , OR AMOUNT OF 2
198-VETERANS BENEFITS . 3
200+ (2) A PERSON SEEKING TO RE CEIVE COMPENSATION F OR 6
201+PREPARING, PRESENTING, OR PROSECUTING A VET ERANS BENEFITS MATTE R OR 7
202+ADVISING, CONSULTING, OR ASSISTING AN INDI VIDUAL WITH A VETERA NS BENEFITS 8
203+MATTER SHALL , BEFORE RENDERING ANY SERVICES, ENTER INTO A WRITTEN FEE 9
204+AGREEMENT , SIGNED BY BOTH PARTI ES, THAT ADHERES TO ALL CRITERIA 10
205+SPECIFIED IN 38 C.F.R. § 14.636. 11
199206
200- (C) (1) A PERSON MAY NOT RECEI VE EXCESSIVE OR UNRE ASONABLE 4
201-FEES, AS DETERMINED IN ACC ORDANCE WITH 38 C.F.R. § 14.636(E), AS 5
202-COMPENSATION FOR PRE PARING, PRESENTING, OR PROSECUTING A VET ERANS 6
203-BENEFITS MATTER OR A DVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL WITH 7
204-A VETERANS BENEFITS MATTER. 8
207+ (D) (1) A VIOLATION OF THIS SE CTION: 12
205208
206- (2) A PERSON SEEKING TO RE CEIVE COMPENSATION F OR 9
207-PREPARING, PRESENTING, OR PROSECUTING A VET ERANS BENEFITS MATTE R OR 10
208-ADVISING, CONSULTING, OR ASSISTING AN INDIVIDUAL WIT H A VETERANS BENEFIT S 11
209-MATTER SHALL , BEFORE RENDERING ANY SERVICES, ENTER INTO A WRITTEN FEE 12
210-AGREEMENT , SIGNED BY BOTH PARTI ES, THAT ADHERES TO ALL CRITERIA 13
211-SPECIFIED IN 38 C.F.R. § 14.636. 14
209+ (I) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 13
210+WITHIN THE MEANING O F TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 14
212211
213- (D) (1) A VIOLATION OF THIS SE CTION: 15
212+ (II) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y 15
213+PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 16
214214
215- (I) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 16
216-WITHIN THE MEANING O F TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 17
215+ (2) ANY CIVIL OR ADMINIST RATIVE PENALTY COLLE CTED BY THE 17
216+ATTORNEY GENERAL IN AN ACTION UNDER THIS SECTION SHALL BE DEPOSITED I N 18
217+THE MARYLAND VETERANS TRUST FUND. 19
217218
218- (II) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y 18
219-PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 19
219+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
220+October 1, 2025. 21
220221
221- (2) ANY CIVIL OR AD MINISTRATIVE PENALTY COLLECTED BY THE 20
222-ATTORNEY GENERAL IN AN ACTION UNDER THIS SECTION S HALL BE DEPOSITED IN 21
223-THE MARYLAND VETERANS TRUST FUND. 22
224-
225- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
226-October 1, 2025. 24
227-
228-
229-
230-
231-Approved:
232-________________________________________________________________________________
233- Governor.
234-________________________________________________________________________________
235- Speaker of the House of Delegates.
236-________________________________________________________________________________
237- President of the Senate.