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VT LEG #379332 v.1
H.103 1
Introduced by Representatives Labor of Morgan, Page of Newport City, 2
Coffin of Cavendish, Morgan, M. of Milton, and Wells of 3
Brownington 4
Referred to Committee on 5
Date: 6
Subject: Internal security and public safety; veterans; consumer protection; 7
veterans’ benefits 8
Statement of purpose of bill as introduced: This bill proposes to prohibit 9
unfair and deceptive practices in matters involving veterans’ benefits. 10
An act relating to prohibited practices for services involving veterans’ 11
benefits 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 20 V.S.A. chapter 88 is added to read: 14
CHAPTER 88. PROTECTION OF VETERANS’ BENEFITS 15
§ 1751. LEGISLATIVE INTENT 16
It is the intent of the General Assembly to protect veterans, their 17
dependents, and survivors from paying compensation for assistance with filing 18
veteran-related claims to any person who is not accredited by the U.S. 19
Department of Veterans or providing assistance in their capacity as an 20 BILL AS INTRODUCED H.103
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VT LEG #379332 v.1
employee of the Vermont Office of Veterans Affairs or Vermont Veterans’ 1
Home. 2
§ 1752. DEFINITIONS 3
As used in this chapter: 4
(1) “Compensation” means payment of money, a thing of value, or a 5
financial benefit. 6
(2) “Veterans’ benefits matter” means the preparation, presentation, or 7
prosecution of a claim affecting an individual who has filed or expressed an 8
intent to file a claim for a benefit, program, service, commodity, function, or 9
status, entitlement to which is determined under the laws and regulations 10
administered by the U.S. Department of Veterans Affairs or the U.S. 11
Department of Defense pertaining to veterans, their dependents, their 12
survivors, and any other individual eligible for such benefits. 13
§ 1753. PROHIBITED CONDUCT 14
(a) For purposes of this section, “person” does not include an accredited 15
representative of a recognized organization or an accredited agent or attorney 16
pursuant to 38 C.F.R. § 14.629 (requirements for accreditation), as amended, 17
or individuals working within their capacity as employees of the Vermont 18
Office of Veterans Affairs or the Vermont Veterans’ Home. 19
(b) The following conduct is prohibited: 20 BILL AS INTRODUCED H.103
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(1) No person shall receive compensation for advising any individual 1
with regard to any veterans’ benefits matter, except as permitted under Title 38 2
of the United States Code and the regulations adopted pursuant to Title 38, as 3
amended. 4
(2) No person shall receive compensation for referring any individual to 5
another person for advice, consultation, or assistance with regard to any 6
veterans’ benefits matter. 7
(3) No person shall receive compensation for any services rendered 8
before the date on which a notice of disagreement, decision review, or appeal 9
is filed, whichever occurs first, with respect to an individual’s veterans’ 10
benefits matter. 11
(4) No person shall guarantee, either directly or by implication, that any 12
individual is certain to receive specific veterans’ benefits or that any individual 13
is certain to receive a specific level, percentage, or amount of veterans’ 14
benefits. 15
(5) No person offering advice, consultation, or assistance with regard to 16
any veterans’ benefits matter shall falsely claim or represent, either directly or 17
indirectly, that the person is sponsored by, affiliated with, or accredited by the 18
U.S. Department of Veterans Affairs, the Vermont Office of Veterans Affairs, 19
or the Vermont Veterans’ Home. 20
§ 1754. MEMORIALIZATION OF TERMS 21 BILL AS INTRODUCED H.103
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A person seeking to receive compensation for advising, consulting, or 1
assisting an individual with a veterans’ benefits matter shall, before rendering 2
any services, memorialize all terms regarding payment for services to be 3
rendered in a written agreement, signed by both parties. To be valid, the 4
written agreement must adhere to all criteria specified in 38 C.F.R. § 14.636(g) 5
(fee agreements), as amended. 6
§ 1755. FEES 7
No person shall receive excessive or unreasonable fees as compensation for 8
advising or assisting an individual with any veterans’ benefits matter. Factors 9
to be considered in determining whether fees are excessive or unreasonable 10
include those specified in 38 C.F.R. § 14.636(e) (fee reasonableness factors), 11
as amended. 12
§ 1756. VIOLATION 13
(a) A violation of this chapter is deemed to be a violation of 9 V.S.A. 14
§ 2453. 15
(b) The Attorney General or a State’s Attorney has the same authority to 16
make rules, conduct civil investigations, enter into assurances of 17
discontinuance, and bring civil actions, and private parties have the same rights 18
and remedies, as provided under 9 V.S.A. chapter 63, subchapter 1. 19
Sec. 2. EFFECTIVE DATE 20
This act shall take effect on July 1, 2025. 21