SENATE BILL 362
By Briggs
HOUSE BILL 342
By Moon
HB0342
000743
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AN ACT to amend Tennessee Code Annotated, Title 47
and Title 58, relative to veteran benefits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Safeguarding American
Veteran Empowerment (SAVE) Act."
SECTION 2. Tennessee Code Annotated, Title 58, Chapter 3, Part 1, is amended by
adding the following as a new section:
58-3-115.
(a) As used in this section:
(1) "Compensation" means any money, thing of value, or economic
benefit conferred on, or received by, any person in return for services rendered,
or to be rendered, by that person or another;
(2) "Person" means an individual or a legal entity; and
(3) "Veteran benefit matter" means the preparation, presentation, or
prosecution of a claim affecting a person who has filed or expressed an intent to
file a claim for a benefit, program, service, commodity, function, status, or
entitlement for which a veteran, a dependent or survivor of the veteran, or
another individual is eligible under the laws and rules administered by the United
States department of veterans' affairs or the Tennessee department of veterans
services.
(b)
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(1) A person shall not receive compensation for referring an individual to
a person to advise or assist the individual with a veteran benefit matter.
(2) A person shall not receive compensation for a service rendered in
connection with a claim filed within the one (1) year of a veteran's presumptive
period of active-duty release, unless the veteran acknowledges by signing a
waiver that the veteran is within such period and choosing to deny free services
that are available to the veteran.
(3) A person who seeks to receive compensation for advising, assisting,
or consulting with an individual in connection with a veteran benefit matter must,
before rendering any services, memorialize the specific terms under which the
amount to be paid will be determined in a written agreement signed by both
parties. Compensation must be contingent solely upon an increase in benefits
awarded, and if successful, compensation must not exceed five (5) times the
amount of the monthly increase in benefits awarded based on the claim. A
person shall not charge an initial or nonrefundable fee for advising, assisting, or
consulting with an individual on a veteran benefit matter.
(4) A person shall not guarantee, either directly or by implication, a
successful outcome or that an individual is certain to receive specific veteran
benefits or a specific level, percentage, or amount of veteran benefits.
(5)
(A) A person advising, assisting, or consulting on veteran benefit
matters for compensation shall provide to each prospective veteran
benefit matter client the following disclosure, in accordance with
subdivision (b)(5)(B), at the outset of the business relationship, prior to
entering into a written agreement as described in subdivision (b)(3):
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"This business is not sponsored by, or affiliated with, the
United States Department of Veterans' Affairs or the Tennessee
Department of Veterans Services, or any other federally chartered
veterans' service organization. Other organizations, including, but
not limited to, the Tennessee Department of Veterans Services, a
local veterans' service organization, and other federally chartered
veterans' service organizations may be able to provide you with
this service free of charge. Products or services offered by this
business are not necessarily endorsed by any of these
organizations. You may qualify for other veterans' benefits
beyond the benefits for which you are receiving services here."
(B) The written disclosure must appear in at least twelve-point
font in a conspicuous, easily identifiable place in the person's agreement
with the individual seeking services. The individual must sign the
document in which the written disclosure appears to represent
understanding of the provisions. The person offering services must retain
a copy of the written disclosure while providing veterans' benefits services
for compensation to the individual and for at least one (1) year after the
date on which the service relationship terminates.
(6) A business that advises, assists, or consults on veteran benefit
matters for compensation shall:
(A) Not utilize international call centers or data centers to process
a veteran's personal information;
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(B) Not use a veteran’s personal log-in, username, or password
information to access the veteran’s medical, financial, or government
benefits information; and
(C) Ensure that any individual who has access to a veteran's
medical or financial information undergoes a background check prior to
having access to such information. The background check must be
conducted by a reputable source and include identity verification and a
criminal record check.
(c)
(1) A violation of this section constitutes a violation of the Tennessee
Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. A
violation of this section constitutes an unfair or deceptive act or practice affecting
trade or commerce and is subject to the penalties and remedies as provided in
the Tennessee Consumer Protection Act of 1977, in addition to the penalties and
remedies in this part.
(2) Each day a violation continues constitutes a separate violation.
(3) Funds collected as penalties for a violation of this section must be
paid to the general fund of the state.
(d) This section does not apply to, limit, or expand the requirements imposed on
agents, attorneys, or other representatives accredited by the United States department
of veterans affairs and regulated by that agency.
SECTION 3. Tennessee Code Annotated, Section 47-18-104(b), is amended by adding
the following new subdivision:
(68) Violating § 58-3-115;
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SECTION 4. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to actions occurring and agreements entered into on or after that date.