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24LSO-0503
2024
STATE OF WYOMING
24LSO-0503
Numbered
2.0
HOUSE BILL NO. HB0159
Prohibition on unauthorized fees-veterans benefits.
Sponsored by: Representative(s) Knapp, Bear, Brown, Clouston, Conrad, Haroldson, Heiner, Neiman, Pendergraft, Styvar and Winter and Senator(s) Barlow
A BILL
for
AN ACT relating to trade and commerce; prohibiting compensation for advising or assisting a person on veterans benefits matters except as permitted under federal law; providing limitations; providing definitions; providing for enforcement and penalties; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 40
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12
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801 is created to read:
ARTICLE 8
ADVISING ON VETERANS BENEFITS
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12
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801.
Compensation for advising on veterans benefits prohibited; limitations; penalties; definitions.
(a)
No person shall receive compensation for advising or assisting any person with regard to any federal or state veterans benefits matter, except as permitted under federal law and as provided in this section.
(b)
No person shall receive compensation for referring any person to another person to advise or assist the person with any veterans benefits matter.
(c)
A person seeking to receive compensation for advising or assisting any person with any veterans benefits matter shall, before rendering any services, memorialize all terms regarding the person's payment of fees for services rendered in a written agreement, signed by both parties, that adheres to all criteria specified in 38 C.F.R. 14.636.
(d)
No person shall receive any compensation for any services rendered before the date on which a notice of disagreement is filed with respect to the person's case.
(e)
No person shall guarantee, either directly or by implication, that any person is certain to receive specific veterans benefits or that any person is certain to receive a specific level, percentage or amount of veterans benefits.
(f)
No person shall receive excessive or unreasonable fees as compensation for advising or assisting any person with any veterans benefits matter. The factors specified in 38 C.F.R. 14.636 shall govern determinations of whether a fee is excessive or unreasonable.
(g)
No person shall advise or assist for compensation any person concerning any veterans benefits matter without clearly providing, at the outset of the business relationship, the following disclosure, both orally and in writing:
"This business is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Wyoming Military Department or any other federally chartered veterans service organization. Other organizations, including but not limited to the Wyoming Military Department, your local county veterans service agency 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."
The written disclosure shall appear in not less than twelve (12) point font and shall appear in a readily noticeable and identifiable place in the person's agreement with the person seeking services. The person shall verbally acknowledge understanding of the oral disclosure and shall sign the document in which the written disclosure appears, to represent understanding of the disclosure. The person offering services shall retain a copy of the written disclosure while providing veterans' benefits services for compensation to the person and for at least one (1) year after the date on which the service relationship terminates.
(h)
No person shall advertise for compensation services in any veterans' benefits matters without including the following disclosure:
"This business is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Wyoming Military Department or any other federally chartered veterans service organization. Other organizations, including but not limited to the Wyoming Military Department, your local county veterans service agency and other federally chartered veterans service organizations, may be able to provide you with these services 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 services that this business offers."
If the advertisement is printed, including but not limited to advertisements visible to internet users, the disclosure shall appear in a readily visible place on the advertisement. If the advertisement is verbal, the spoken statement of the disclosure shall be clear and intelligible.
(j)
A violation of this section shall be an unlawful practice and a violation of W.S. 40
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12
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105.
(k)
As used in this section:
(i)
"Veterans benefits matter" means the preparation, presentation or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any state or federal benefit, program, service, commodity, function or status, entitlement to which is determined under the laws and regulations administered by the United States department of veterans affairs or the Wyoming military department pertaining to veterans, their dependents, their survivors and any other person eligible for such benefits;
(ii)
"Compensation" means payment of any money, thing of value or financial benefit.
Section 2.
W.S. 40
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12
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105(a) by creating a new paragraph (xviii) is amended to read:
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105.
Unlawful practices.
(a)
A person engages in a deceptive trade practice unlawful under this act when, in the course of his business and in connection with a consumer transaction, he knowingly:
(xviii)
Violates W.S. 40
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12
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801.
Section 3.
This act shall apply to business relationships or agreements that concern any veterans benefits matter where the business relationship begins on and after July 1, 2024.
Section 4.
This act is effective July 1, 2024
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(END)
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HB0159