EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0928*
SENATE BILL 928
P1, I3 5lr1200
CF HB 267
By: Senator Smith
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Veterans Benefits Matters – Claim Servicers – Prohibitions and Requirements 2
FOR the purpose of establishing prohibitions and requirements regarding compensation 3
for certain services related to veterans benefits matters; prohibiting a person that is 4
not V.A. accredited from making certain guarantees; providing for the enforcement 5
of this Act under the Maryland Consumer Protection Act; repealing certain 6
advertising and disclosure requirements for veterans benefits services and veterans 7
benefits appeals services; and generally relating to veterans benefits matters. 8
BY repealing and reenacting, with amendments, 9
Article – Commercial Law 10
Section 13–301(14)(xlii) 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Commercial Law 15
Section 13–301(14)(xliii) and (15) 16
Annotated Code of Maryland 17
(2013 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Commercial Law 20
Section 13–301(14)(xliv) 21
Annotated Code of Maryland 22
(2013 Replacement Volume and 2024 Supplement) 23
BY repealing 24
Article – State Government 25
Section 9–905.1 26
Annotated Code of Maryland 27 2 SENATE BILL 928
(2021 Replacement Volume and 2024 Supplement) 1
BY adding to 2
Article – State Government 3
Section 9–905.1 4
Annotated Code of Maryland 5
(2021 Replacement Volume and 2024 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Commercial Law 9
13–301. 10
Unfair, abusive, or deceptive trade practices include any: 11
(14) Violation of a provision of: 12
(xlii) Section 12–6C–09.1 of the Health Occupations Article; [or] 13
(xliii) Title 14, Subtitle 48 of this article; or 14
(XLIV) SECTION 9–905.1 OF THE STATE GOVERNMENT 15
ARTICLE; OR 16
(15) Act or omission that relates to a residential building and that is 17
chargeable as a misdemeanor under or otherwise violates a provision of the Energy 18
Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. 19
Article – State Government 20
[9–905.1. 21
(a) (1) In this section the following words have the meanings indicated. 22
(2) “Advertisement” means: 23
(i) a written or printed communication made for the purpose of 24
soliciting business for veterans benefits appeals services; 25
(ii) a directory listing for a person that is offering veterans benefits 26
appeals services; or 27
(iii) a radio, television, computer network or airwave, or electronic 28
transmission that solicits business for or promotes a person offering veterans benefits 29
appeals services. 30 SENATE BILL 928 3
(3) “Veterans benefits appeals services” means any services that a veteran 1
might reasonably require in order to appeal a denial of federal, state, or local veterans 2
benefits, including denials of disability, limited income, home loan, insurance, education 3
and training, health care, burial and memorial, and dependent and survivor benefits. 4
(4) “Veterans benefits services” means any services a veteran or a family 5
member of a veteran might reasonably use in order to obtain federal, state, or local veterans 6
benefits. 7
(b) (1) Before entering into an agreement with an individual for the provision 8
of veterans benefits services or veterans benefits appeals services, a person who charges a 9
fee for those services shall: 10
(i) provide a written disclosure statement to each individual; and 11
(ii) obtain the individual’s signature on the written disclosure 12
statement acknowledging that the individual understands the disclosure statement. 13
(2) The written disclosure statement shall: 14
(i) be on a form approved by the Secretary; and 15
(ii) state that veterans benefits services and veterans benefits 16
appeals services are offered at no cost by the Department and other veterans services 17
organizations accredited by the U.S. Department of Veterans Affairs. 18
(c) A person who charges a fee for providing veterans benefits appeals services 19
shall provide in any advertisement for appeals services notice that appeals services are also 20
offered at no cost by the Department and other veterans services organizations accredited 21
by the U.S. Department of Veterans Affairs. 22
(d) (1) A person who violates the provisions of this section is subject to a civil 23
penalty of not more than $1,000 for each violation. 24
(2) Civil penalties shall be in an amount ordered by the District Court in 25
an action brought by the Attorney General. 26
(3) Each day a violation continues is a separate violation. 27
(4) Any civil penalty collected shall be deposited in the Maryland Veterans 28
Trust Fund.] 29
9–905.1. 30
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32 4 SENATE BILL 928
(2) “COMPENSATION ” MEANS PAYMENT OF MON EY, A THING OF 1
VALUE, OR A FINANCIAL BENEF IT. 2
(3) “V.A. ACCREDITED” MEANS AUTHORIZED BY THE U.S. 3
DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE SE RVICES IN ACCORDANCE WITH 4
38 C.F.R. § 14.629. 5
(4) “VETERANS BENEFITS MAT TER” MEANS A CLAIM OR APP EAL 6
RELATING TO ANY BENEFIT , PROGRAM, SERVICE, COMMODITY , FUNCTION, OR 7
STATUS, TO WHICH ENTITLEMENT IS DETERMINED UNDER THE LAWS AND 8
REGULATIONS ADMINIST ERED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS 9
OR THE U.S. DEPARTMENT OF DEFENSE PERTAINING TO VETERANS, THEIR 10
DEPENDENTS , THEIR SURVIVORS , AND ANY OTHER INDIVI DUAL ELIGIBLE FOR SU CH 11
BENEFITS. 12
(B) A PERSON THAT IS NOT V.A. ACCREDITED MAY NOT : 13
(1) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW , RECEIVE 14
COMPENSATION FOR : 15
(I) PREPARING, PRESENTING, OR PROSECUTING A VET ERANS 16
BENEFITS MATTER ; OR 17
(II) ADVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL 18
WITH REGARD TO A VET ERANS BENEFITS MATTE R; 19
(2) RECEIVE COM PENSATION FOR REFERR ING AN INDIVIDUAL TO 20
ANOTHER PERSON FOR T HE PREPARATION , PRESENTATION , OR PROSECUTION OF A 21
VETERANS BENEFITS MA TTER OR ADVICE , CONSULTATION , OR ASSISTANCE WITH A 22
VETERANS BENEFITS MA TTER; OR 23
(3) GUARANTEE , EITHER DIRECTLY OR B Y IMPLICATION , THAT AN 24
INDIVIDUAL IS CERTAI N TO RECEIVE: 25
(I) SPECIFIC VETERANS BE NEFITS; OR 26
(II) A SPECIFIC LEVEL , PERCENTAGE , OR AMOUNT OF 27
VETERANS BENEFITS . 28
(C) (1) A PERSON MAY NOT RECEI VE EXCESSIVE OR UNRE ASONABLE 29
FEES, AS DETERMINED IN ACC ORDANCE WITH 38 C.F.R. § 14.636(E), AS 30
COMPENSATION FOR PRE PARING, PRESENTING, OR PROSECUTING A VET ERANS 31 SENATE BILL 928 5
BENEFITS MATTER OR A DVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL WITH 1
A VETERANS BENEFITS MATTER. 2
(2) A PERSON SEE KING TO RECEIVE COMP ENSATION FOR 3
PREPARING, PRESENTING, OR PROSECUTING A VET ERANS BENEFITS MATTE R OR 4
ADVISING, CONSULTING, OR ASSISTING AN INDI VIDUAL WITH A VETERA NS BENEFITS 5
MATTER SHALL , BEFORE RENDERING ANY SERVICES, ENTER INTO A WRITTEN FEE 6
AGREEMENT , SIGNED BY BOTH PARTI ES, THAT ADHERES TO ALL CRITERIA 7
SPECIFIED IN 38 C.F.R. § 14.636. 8
(D) (1) A VIOLATION OF THIS SE CTION: 9
(I) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 10
WITHIN THE MEANING O F TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 11
(II) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y 12
PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 13
(2) ANY CIVIL OR ADMINIST RATIVE PENALTY COLLE CTED BY THE 14
ATTORNEY GENERAL IN AN ACTION UNDER THIS SECTION S HALL BE DEPOSITED IN 15
THE MARYLAND VETERANS TRUST FUND. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18