Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0183 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 53
3	3	By Moon
4	4
5	5	SENATE BILL 183
6	6	By Briggs
7	7
8	8
9	9	SB0183
10	10	000662
11	11	- 1 -
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13	13	AN ACT to amend Tennessee Code Annotated, Title 47,
14	14	Chapter 18 and Title 58, Chapter 3, relative to
15	15	veterans.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 58, Chapter 3, is amended by adding
19	19	the following as a new section:
20	20	(a) As used in this section:
21	21	(1) "Compensation" means any money, thing of value, or economic
22	22	benefit conferred on, or received by, a person in return for services rendered, or
23	23	to be rendered, by the person or another person;
24	24	(2) "Person" means a natural person, corporation, trust, partnership,
25	25	incorporated or unincorporated association, or any other legal entity; and
26	26	(3) "Veterans' benefits matter" means the preparation, presentation, or
27	27	prosecution of a claim affecting a person who has filed, or expressed an intent to
28	28	file, a claim for a benefit, program, service, commodity, function, status, or
29	29	entitlement for which veterans, their dependents, their survivors, or other
30	30	individuals are eligible under the laws and regulations administered by the United
31	31	States department of veterans affairs or the department of veterans services.
32	32	(b) A person shall not receive compensation for services rendered in connection
33	33	with a claim filed within the one-year presumptive period of active-duty release, unless
34	34	the veteran acknowledges by signing a waiver that the veteran is within this period and
35	35	chooses to forgo the free services available.
36	36	(c)
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38	38
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41	41	(1) A person seeking to receive compensation for advising, assisting, or
42	42	consulting with an individual in connection with a veterans' benefits matter shall,
43	43	before rendering the services, memorialize the specific terms under which the
44	44	amount to be paid will be determined in a written agreement signed by both
45	45	parties.
46	46	(2) The agreement under subdivision (c)(1) must specify that:
47	47	(A) Compensation is wholly contingent upon an increase in
48	48	benefits awarded; and
49	49	(B) If successful in obtaining an increase in benefits, the
50	50	compensation does not exceed five (5) times the amount of the monthly
51	51	increase in benefits awarded based on the claim.
52	52	(3) No initial or nonrefundable fee may be charged by a person advising,
53	53	assisting, or consulting an individual on a veterans' benefits matter.
54	54	(d) A person shall not guarantee, either directly or by implication, a successful
55	55	outcome, that any individual is certain to receive specific veterans' benefits, or that any
56	56	individual is certain to receive a specific level, percentage, or amount of veterans'
57	57	benefit.
58	58	(e)
59	59	(1) A person advising, assisting, or consulting on veterans' benefits
60	60	matters for compensation shall provide the following disclosure prior to providing
61	61	any services:
62	62	This business is not sponsored by, or affiliated with, the United
63	63	States Department of Veterans Affairs or the Tennessee
64	64	Department of Veterans Services, or any other federally chartered
65	65	veterans' service organization. Other organizations, including, but
66	66
67	67
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70	70	not limited to, the Tennessee Department of Veterans Services, a
71	71	local veterans' service organization, and other federally chartered
72	72	veterans' service organizations may be able to provide you with
73	73	this service free of charge. Products or services offered by this
74	74	business are not necessarily endorsed by any of these
75	75	organizations. You may qualify for other veterans' benefits
76	76	beyond the benefits for which you are receiving services here.
77	77	(2) The written disclosure must appear in at least twelve-point font in an
78	78	easily identifiable place in the person's agreement with the individual seeking
79	79	services. The individual must sign the document in which the written disclosure
80	80	appears to represent understanding of these provisions. The person offering
81	81	services must retain a copy of the written disclosure while providing veterans'
82	82	benefits services for compensation to the individual and for at least one (1) year
83	83	after the date on which the service agreement terminates.
84	84	(f) A person advising, assisting, or consulting on veterans' benefits matters for
85	85	compensation:
86	86	(1) Shall not utilize international call centers or data centers for
87	87	processing veterans' personal information;
88	88	(2) Shall not use an individual's personal log-in, username, or password
89	89	information to access that individual's medical, financial, or government benefits
90	90	information;
91	91	(3) Shall ensure that any person who has access to veterans' medical,
92	92	financial, or government benefits information undergoes a background check
93	93	prior to having access to that information. The background check must be
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95	95
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98	98	conducted by a reputable source and include identity verification and a criminal
99	99	records check.
100	100	(g) A person shall not receive compensation for referring an individual to another
101	101	person to advise or assist the individual with a veterans' benefits matter.
102	102	(h)
103	103	(1) A violation of subsections (b)-(g) constitutes an unfair or deceptive act
104	104	or practice affecting trade or commerce and is subject to the penalties and
105	105	remedies as provided in the Tennessee Consumer Protection Act of 1977,
106	106	compiled in title 47, chapter 18, part 1.
107	107	(2) Each day a violation continues is a separate violation.
108	108	(i) This section does not apply to, limit, or expand the requirements imposed on
109	109	agents, attorneys, or other representatives accredited by the United States department
110	110	of veterans affairs and regulated by that agency.
111	111	SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.