Maryland 2025 Regular Session

Maryland Senate Bill SB928 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0928
6	6
7	7	SENATE BILL 928
8	8	P1, I3 5lr1200
9	9	CF HB 267
10	10	By: Senator Smith
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Veterans Benefits Matters – Claim Servicers – Prohibitions and Requirements 2
19	19
20	20	FOR the purpose of establishing prohibitions and requirements regarding compensation 3
21	21	for certain services related to veterans benefits matters; prohibiting a person that is 4
22	22	not V.A. accredited from making certain guarantees; providing for the enforcement 5
23	23	of this Act under the Maryland Consumer Protection Act; repealing certain 6
24	24	advertising and disclosure requirements for veterans benefits services and veterans 7
25	25	benefits appeals services; and generally relating to veterans benefits matters. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Commercial Law 10
29	29	Section 13–301(14)(xlii) 11
30	30	Annotated Code of Maryland 12
31	31	(2013 Replacement Volume and 2024 Supplement) 13
32	32
33	33	BY repealing and reenacting, without amendments, 14
34	34	Article – Commercial Law 15
35	35	Section 13–301(14)(xliii) and (15) 16
36	36	Annotated Code of Maryland 17
37	37	(2013 Replacement Volume and 2024 Supplement) 18
38	38
39	39	BY adding to 19
40	40	Article – Commercial Law 20
41	41	Section 13–301(14)(xliv) 21
42	42	Annotated Code of Maryland 22
43	43	(2013 Replacement Volume and 2024 Supplement) 23
44	44
45	45	BY repealing 24
46	46	Article – State Government 25
47	47	Section 9–905.1 26
48	48	Annotated Code of Maryland 27 2 SENATE BILL 928
49	49
50	50
51	51	(2021 Replacement Volume and 2024 Supplement) 1
52	52
53	53	BY adding to 2
54	54	Article – State Government 3
55	55	Section 9–905.1 4
56	56	Annotated Code of Maryland 5
57	57	(2021 Replacement Volume and 2024 Supplement) 6
58	58
59	59	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
60	60	That the Laws of Maryland read as follows: 8
61	61
62	62	Article – Commercial Law 9
63	63
64	64	13–301. 10
65	65
66	66	Unfair, abusive, or deceptive trade practices include any: 11
67	67
68	68	(14) Violation of a provision of: 12
69	69
70	70	(xlii) Section 12–6C–09.1 of the Health Occupations Article; [or] 13
71	71
72	72	(xliii) Title 14, Subtitle 48 of this article; or 14
73	73
74	74	(XLIV) SECTION 9–905.1 OF THE STATE GOVERNMENT 15
75	75	ARTICLE; OR 16
76	76
77	77	(15) Act or omission that relates to a residential building and that is 17
78	78	chargeable as a misdemeanor under or otherwise violates a provision of the Energy 18
79	79	Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. 19
80	80
81	81	Article – State Government 20
82	82
83	83	[9–905.1. 21
84	84
85	85	(a) (1) In this section the following words have the meanings indicated. 22
86	86
87	87	(2) “Advertisement” means: 23
88	88
89	89	(i) a written or printed communication made for the purpose of 24
90	90	soliciting business for veterans benefits appeals services; 25
91	91
92	92	(ii) a directory listing for a person that is offering veterans benefits 26
93	93	appeals services; or 27
94	94
95	95	(iii) a radio, television, computer network or airwave, or electronic 28
96	96	transmission that solicits business for or promotes a person offering veterans benefits 29
97	97	appeals services. 30 SENATE BILL 928 3
98	98
99	99
100	100
101	101	(3) “Veterans benefits appeals services” means any services that a veteran 1
102	102	might reasonably require in order to appeal a denial of federal, state, or local veterans 2
103	103	benefits, including denials of disability, limited income, home loan, insurance, education 3
104	104	and training, health care, burial and memorial, and dependent and survivor benefits. 4
105	105
106	106	(4) “Veterans benefits services” means any services a veteran or a family 5
107	107	member of a veteran might reasonably use in order to obtain federal, state, or local veterans 6
108	108	benefits. 7
109	109
110	110	(b) (1) Before entering into an agreement with an individual for the provision 8
111	111	of veterans benefits services or veterans benefits appeals services, a person who charges a 9
112	112	fee for those services shall: 10
113	113
114	114	(i) provide a written disclosure statement to each individual; and 11
115	115
116	116	(ii) obtain the individual’s signature on the written disclosure 12
117	117	statement acknowledging that the individual understands the disclosure statement. 13
118	118
119	119	(2) The written disclosure statement shall: 14
120	120
121	121	(i) be on a form approved by the Secretary; and 15
122	122
123	123	(ii) state that veterans benefits services and veterans benefits 16
124	124	appeals services are offered at no cost by the Department and other veterans services 17
125	125	organizations accredited by the U.S. Department of Veterans Affairs. 18
126	126
127	127	(c) A person who charges a fee for providing veterans benefits appeals services 19
128	128	shall provide in any advertisement for appeals services notice that appeals services are also 20
129	129	offered at no cost by the Department and other veterans services organizations accredited 21
130	130	by the U.S. Department of Veterans Affairs. 22
131	131
132	132	(d) (1) A person who violates the provisions of this section is subject to a civil 23
133	133	penalty of not more than $1,000 for each violation. 24
134	134
135	135	(2) Civil penalties shall be in an amount ordered by the District Court in 25
136	136	an action brought by the Attorney General. 26
137	137
138	138	(3) Each day a violation continues is a separate violation. 27
139	139
140	140	(4) Any civil penalty collected shall be deposited in the Maryland Veterans 28
141	141	Trust Fund.] 29
142	142
143	143	9–905.1. 30
144	144
145	145	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 31
146	146	INDICATED. 32 4 SENATE BILL 928
147	147
148	148
149	149
150	150	(2) “COMPENSATION ” MEANS PAYMENT OF MON EY, A THING OF 1
151	151	VALUE, OR A FINANCIAL BENEF IT. 2
152	152
153	153	(3) “V.A. ACCREDITED” MEANS AUTHORIZED BY THE U.S. 3
154	154	DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE SE RVICES IN ACCORDANCE WITH 4
155	155	38 C.F.R. § 14.629. 5
156	156
157	157	(4) “VETERANS BENEFITS MAT TER” MEANS A CLAIM OR APP EAL 6
158	158	RELATING TO ANY BENEFIT , PROGRAM, SERVICE, COMMODITY , FUNCTION, OR 7
159	159	STATUS, TO WHICH ENTITLEMENT IS DETERMINED UNDER THE LAWS AND 8
160	160	REGULATIONS ADMINIST ERED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS 9
161	161	OR THE U.S. DEPARTMENT OF DEFENSE PERTAINING TO VETERANS, THEIR 10
162	162	DEPENDENTS , THEIR SURVIVORS , AND ANY OTHER INDIVI DUAL ELIGIBLE FOR SU CH 11
163	163	BENEFITS. 12
164	164
165	165	(B) A PERSON THAT IS NOT V.A. ACCREDITED MAY NOT : 13
166	166
167	167	(1) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW , RECEIVE 14
168	168	COMPENSATION FOR : 15
169	169
170	170	(I) PREPARING, PRESENTING, OR PROSECUTING A VET ERANS 16
171	171	BENEFITS MATTER ; OR 17
172	172
173	173	(II) ADVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL 18
174	174	WITH REGARD TO A VET ERANS BENEFITS MATTE R; 19
175	175
176	176	(2) RECEIVE COM PENSATION FOR REFERR ING AN INDIVIDUAL TO 20
177	177	ANOTHER PERSON FOR T HE PREPARATION , PRESENTATION , OR PROSECUTION OF A 21
178	178	VETERANS BENEFITS MA TTER OR ADVICE , CONSULTATION , OR ASSISTANCE WITH A 22
179	179	VETERANS BENEFITS MA TTER; OR 23
180	180
181	181	(3) GUARANTEE , EITHER DIRECTLY OR B Y IMPLICATION , THAT AN 24
182	182	INDIVIDUAL IS CERTAI N TO RECEIVE: 25
183	183
184	184	(I) SPECIFIC VETERANS BE NEFITS; OR 26
185	185
186	186	(II) A SPECIFIC LEVEL , PERCENTAGE , OR AMOUNT OF 27
187	187	VETERANS BENEFITS . 28
188	188
189	189	(C) (1) A PERSON MAY NOT RECEI VE EXCESSIVE OR UNRE ASONABLE 29
190	190	FEES, AS DETERMINED IN ACC ORDANCE WITH 38 C.F.R. § 14.636(E), AS 30
191	191	COMPENSATION FOR PRE PARING, PRESENTING, OR PROSECUTING A VET ERANS 31 SENATE BILL 928 5
192	192
193	193
194	194	BENEFITS MATTER OR A DVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL WITH 1
195	195	A VETERANS BENEFITS MATTER. 2
196	196
197	197	(2) A PERSON SEE KING TO RECEIVE COMP ENSATION FOR 3
198	198	PREPARING, PRESENTING, OR PROSECUTING A VET ERANS BENEFITS MATTE R OR 4
199	199	ADVISING, CONSULTING, OR ASSISTING AN INDI VIDUAL WITH A VETERA NS BENEFITS 5
200	200	MATTER SHALL , BEFORE RENDERING ANY SERVICES, ENTER INTO A WRITTEN FEE 6
201	201	AGREEMENT , SIGNED BY BOTH PARTI ES, THAT ADHERES TO ALL CRITERIA 7
202	202	SPECIFIED IN 38 C.F.R. § 14.636. 8
203	203
204	204	(D) (1) A VIOLATION OF THIS SE CTION: 9
205	205
206	206	(I) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 10
207	207	WITHIN THE MEANING O F TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 11
208	208
209	209	(II) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y 12
210	210	PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 13
211	211
212	212	(2) ANY CIVIL OR ADMINIST RATIVE PENALTY COLLE CTED BY THE 14
213	213	ATTORNEY GENERAL IN AN ACTION UNDER THIS SECTION S HALL BE DEPOSITED IN 15
214	214	THE MARYLAND VETERANS TRUST FUND. 16
215	215
216	216	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
217	217	October 1, 2025. 18
218	218
219	219