| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 53 |
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| 6 | 5 | | By Moon |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0053 |
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| 10 | 9 | | 000662 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 47, |
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| 14 | 13 | | Chapter 18 and Title 58, Chapter 3, relative to |
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| 15 | 14 | | veterans. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 58, Chapter 3, is amended by adding |
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| 19 | 18 | | the following as a new section: |
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| 20 | 19 | | (a) As used in this section: |
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| 21 | 20 | | (1) "Compensation" means any money, thing of value, or economic |
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| 22 | 21 | | benefit conferred on, or received by, a person in return for services rendered, or |
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| 23 | 22 | | to be rendered, by the person or another person; |
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| 24 | 23 | | (2) "Person" means a natural person, corporation, trust, partnership, |
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| 25 | 24 | | incorporated or unincorporated association, or any other legal entity; and |
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| 26 | 25 | | (3) "Veterans' benefits matter" means the preparation, presentation, or |
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| 27 | 26 | | prosecution of a claim affecting a person who has filed, or expressed an intent to |
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| 28 | 27 | | file, a claim for a benefit, program, service, commodity, function, status, or |
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| 29 | 28 | | entitlement for which veterans, their dependents, their survivors, or other |
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| 30 | 29 | | individuals are eligible under the laws and regulations administered by the United |
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| 31 | 30 | | States department of veterans affairs or the department of veterans services. |
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| 32 | 31 | | (b) A person shall not receive compensation for services rendered in connection |
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| 33 | 32 | | with a claim filed within the one-year presumptive period of active-duty release, unless |
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| 34 | 33 | | the veteran acknowledges by signing a waiver that the veteran is within this period and |
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| 35 | 34 | | chooses to forgo the free services available. |
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| 36 | 35 | | (c) |
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| 37 | 36 | | |
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| 38 | 37 | | |
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| 39 | 38 | | - 2 - 000662 |
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| 40 | 39 | | |
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| 41 | 40 | | (1) A person seeking to receive compensation for advising, assisting, or |
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| 42 | 41 | | consulting with an individual in connection with a veterans' benefits matter shall, |
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| 43 | 42 | | before rendering the services, memorialize the specific terms under which the |
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| 44 | 43 | | amount to be paid will be determined in a written agreement signed by both |
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| 45 | 44 | | parties. |
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| 46 | 45 | | (2) The agreement under subdivision (c)(1) must specify that: |
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| 47 | 46 | | (A) Compensation is wholly contingent upon an increase in |
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| 48 | 47 | | benefits awarded; and |
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| 49 | 48 | | (B) If successful in obtaining an increase in benefits, the |
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| 50 | 49 | | compensation does not exceed five (5) times the amount of the monthly |
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| 51 | 50 | | increase in benefits awarded based on the claim. |
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| 52 | 51 | | (3) No initial or nonrefundable fee may be charged by a person advising, |
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| 53 | 52 | | assisting, or consulting an individual on a veterans' benefits matter. |
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| 54 | 53 | | (d) A person shall not guarantee, either directly or by implication, a successful |
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| 55 | 54 | | outcome, that any individual is certain to receive specific veterans' benefits, or that any |
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| 56 | 55 | | individual is certain to receive a specific level, percentage, or amount of veterans' |
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| 57 | 56 | | benefit. |
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| 58 | 57 | | (e) |
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| 59 | 58 | | (1) A person advising, assisting, or consulting on veterans' benefits |
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| 60 | 59 | | matters for compensation shall provide the following disclosure prior to providing |
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| 61 | 60 | | any services: |
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| 62 | 61 | | This business is not sponsored by, or affiliated with, the United |
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| 63 | 62 | | States Department of Veterans Affairs or the Tennessee |
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| 64 | 63 | | Department of Veterans Services, or any other federally chartered |
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| 65 | 64 | | veterans' service organization. Other organizations, including, but |
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| 66 | 65 | | |
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| 67 | 66 | | |
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| 68 | 67 | | - 3 - 000662 |
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| 69 | 68 | | |
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| 70 | 69 | | not limited to, the Tennessee Department of Veterans Services, a |
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| 71 | 70 | | local veterans' service organization, and other federally chartered |
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| 72 | 71 | | veterans' service organizations may be able to provide you with |
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| 73 | 72 | | this service free of charge. Products or services offered by this |
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| 74 | 73 | | business are not necessarily endorsed by any of these |
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| 75 | 74 | | organizations. You may qualify for other veterans' benefits |
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| 76 | 75 | | beyond the benefits for which you are receiving services here. |
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| 77 | 76 | | (2) The written disclosure must appear in at least twelve-point font in an |
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| 78 | 77 | | easily identifiable place in the person's agreement with the individual seeking |
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| 79 | 78 | | services. The individual must sign the document in which the written disclosure |
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| 80 | 79 | | appears to represent understanding of these provisions. The person offering |
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| 81 | 80 | | services must retain a copy of the written disclosure while providing veterans' |
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| 82 | 81 | | benefits services for compensation to the individual and for at least one (1) year |
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| 83 | 82 | | after the date on which the service agreement terminates. |
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| 84 | 83 | | (f) A person advising, assisting, or consulting on veterans' benefits matters for |
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| 85 | 84 | | compensation: |
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| 86 | 85 | | (1) Shall not utilize international call centers or data centers for |
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| 87 | 86 | | processing veterans' personal information; |
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| 88 | 87 | | (2) Shall not use an individual's personal log-in, username, or password |
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| 89 | 88 | | information to access that individual's medical, financial, or government benefits |
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| 90 | 89 | | information; |
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| 91 | 90 | | (3) Shall ensure that any person who has access to veterans' medical, |
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| 92 | 91 | | financial, or government benefits information undergoes a background check |
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| 93 | 92 | | prior to having access to that information. The background check must be |
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| 94 | 93 | | |
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| 95 | 94 | | |
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| 96 | 95 | | - 4 - 000662 |
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| 97 | 96 | | |
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| 98 | 97 | | conducted by a reputable source and include identity verification and a criminal |
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| 99 | 98 | | records check. |
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| 100 | 99 | | (g) A person shall not receive compensation for referring an individual to another |
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| 101 | 100 | | person to advise or assist the individual with a veterans' benefits matter. |
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| 102 | 101 | | (h) |
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| 103 | 102 | | (1) A violation of subsections (b)-(g) constitutes an unfair or deceptive act |
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| 104 | 103 | | or practice affecting trade or commerce and is subject to the penalties and |
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| 105 | 104 | | remedies as provided in the Tennessee Consumer Protection Act of 1977, |
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| 106 | 105 | | compiled in title 47, chapter 18, part 1. |
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| 107 | 106 | | (2) Each day a violation continues is a separate violation. |
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| 108 | 107 | | (i) This section does not apply to, limit, or expand the requirements imposed on |
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| 109 | 108 | | agents, attorneys, or other representatives accredited by the United States department |
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| 110 | 109 | | of veterans affairs and regulated by that agency. |
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| 111 | 110 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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