Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 205 First Substitute (2015GS)

Sponsor

Rep. Poulson, M.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates definitions;
• reiterates the requirement that anyone providing assistance must be federally accredited;
• provides disclosure requirements for any person assisting a veteran to apply for benefits;
• specifies that the disclosure shall include the federal prohibition for charging a fee for assistance;
• requires that disclosures be in writing and copies provided to the veteran;
• creates certain duties for the executive director of the Utah Department of Veterans' and Military Affairs in processing benefit assistance complaints by veterans; and
• exempts veterans service organizations.

Every vote on this bill

Bill text

VETERAN CLAIM ASSISTANCE DISCLOSURE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marie H. Poulson
Senate Sponsor: 
 Peter C. Knudson
LONG TITLE
General Description:
This bill provides for disclosure of federal laws governing assistance to veterans when
they are applying for benefits, a notification requirement for those providers of
assistance, and requires the Utah Department of Veterans' and Military Affairs to keep a
list of accredited providers.
Highlighted Provisions:
This bill:
▸ creates definitions;
▸ reiterates the requirement that anyone providing assistance must be federally
accredited;
▸ provides disclosure requirements for any person assisting a veteran to apply for
benefits;
▸ specifies that the disclosure shall include the federal prohibition for charging a fee
for assistance;
▸ requires that disclosures be in writing and copies provided to the veteran;
▸ creates certain duties for the executive director of the Utah Department of Veterans'
and Military Affairs in processing benefit assistance complaints by veterans; and
▸ exempts veterans service organizations.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
71-13-101
, Utah Code Annotated 1953
71-13-102
, Utah Code Annotated 1953
71-13-103
, Utah Code Annotated 1953
71-13-104
, Utah Code Annotated 1953
71-13-105
, Utah Code Annotated 1953
71-13-106
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
71-13-101
 is enacted to read:
CHAPTER 13. VETERAN BENEFITS CLAIM ASSISTANCE ACT
 71-13-101.
Title.
This chapter is known as the "Veteran Benefits Claim Assistance Act."
Section 2. Section 
71-13-102
 is enacted to read:
 71-13-102.
Definitions.
As used in this chapter:
(1) "Accredited" means an individual has been authorized by Code of Federal
Regulations, Title 38, Pensions, Bonuses, and Veterans' Relief, to provide assistance to
veterans and their dependents through the United States Department of Veterans Affairs
accreditation program for claiming veteran benefits.
(2) "Assistance" means preparation, presentation, and prosecution of claim for veteran
benefits on behalf of a veteran or the veteran's dependents.
(3) "Claimant" means a veteran or a veteran's dependent who has expressed an intent to
file a claim for veteran benefits.
(4) "Department" means the Utah Department of Veterans' and Military Affairs.
(5) "Executive director" means the executive director of the Utah Department of
Veterans' and Military Affairs.
(6) "Referring entity" means an individual, business, or organization licensed in this
state who refers for assistance or assists a veteran or a veteran's dependents with an original
claim for veteran benefits.
(7) "VA" means the United States Department of Veterans Affairs.
(8) "Veteran" includes all eligible dependents.
Section 3. Section 
71-13-103
 is enacted to read:
 71-13-103.
Disclosure requirement for assisting a veteran benefit claimant.
(1) Each person offering to assist veterans in applying for benefits shall:
(a) be federally accredited, in compliance with the provisions of Code of Federal
Regulations, Title 38, Pensions, Bonuses, and Veterans' Relief, or employed and directly
supervised by a federally accredited person; and
(b) disclose in writing, in a format approved by the department that the veteran can
retain, the federal law governing assistance to veterans for obtaining benefits.
(2) The disclosure required by Subsection (1)(b) shall specifically include:
(a) the individual's name;
(b) the individual's business address;
(c) the individual's business phone number;
(d) the individual's VA registration number;
(e) a statement of the veteran's rights regarding the individual's assistance, which
includes that there is no charge for assistance with the initial benefits application;
(f) any charges that might apply for subsequent assistance; and
(g) a statement that if, as a result of the individual providing assistance to the veteran,
income is accrued to the assisting individual from the sale of a product or other services to the
veteran, the income is both justified and reasonable as compared with income from similar
products and services available in the state.
(3) No provisions of the form may be struck out or designated as nonapplicable.
(4) Disclosure forms, when completed, shall be:
(a) signed by both the individual providing assistance and the veteran being assisted;
and
(b) retained for three years by the assisting individual.
(5) Copies of the disclosure form shall be provided to:
(a) the veteran on the day the form is completed and signed; and
(b) the department within five working days.
Section 4. Section 
71-13-104
 is enacted to read:
 71-13-104.
Education requirements.
All individuals and attorneys providing assistance to a veteran shall complete:
(1) three hours of qualifying education as specified in 38 C.F.R. 14.629(b) during the
first 12 month period following the date of initial accreditation; and
(2) an additional three hours of qualifying continuing education every two years
following the initial 12 month period.
Section 5. Section 
71-13-105
 is enacted to read:
 71-13-105.
Department responsibilities -- Notification -- Assistance -- Complaints
-- Claimant responsibilities.
(1) The Utah Department of Veterans' and Military Affairs shall notify in writing,
which may include electronically, each veteran for whom the department has contact
information that any individual or business offering to assist veterans in applying for benefits
shall disclose in writing to the veteran the following:
(a) 38 C.F.R. 14.629 and 38 C.F.R. 14.630 require that anyone assisting a veteran to
apply for benefits be federally accredited;
(b) federal law prohibits charging a veteran a fee for assisting with the initial
application for benefits; and
(c) the department's website has a list with contact information of federally accredited
advisors.
(2) Beginning July 1, 2015, and every three years after, the department shall:
(a) notify the Insurance Department regarding the federal law governing assistance for
veterans applying for benefits, and the Insurance Department shall notify all individual
producers and consultants licensed by the Insurance Department at the time of initial licensing
and upon license renewal of those same federal laws governing assistance for veterans applying
for benefits;
(b) contact the Utah State Bar regarding federal law governing legal assistance for
veterans applying for benefits and request that the association provide continuing legal
education on federal laws governing assistance; and
(c) notify the Utah Department of Health regarding federal law governing the
assistance for veterans applying for benefits, and requiring the Utah Department of Health to
notify all assisted living and nursing care facilities of those federal laws.
(3) The executive director shall establish procedures for processing complaints related
to assistance regarding a veteran's claim for benefits.
(4) The executive director may audit selected assisting individuals and referring
entities for compliance with this chapter and federal laws which govern the provision of
assistance to claimants.
Section 6. Section 
71-13-106
 is enacted to read:
 71-13-106.
Exempt organizations.
Representatives of the following organizations are exempt from the provisions of this
chapter:
(1) American Legion;
(2) Veterans of Foreign Wars;
(3) Disabled American Veterans;
(4) Vietnam Veterans of America;
(5) American Veterans (AMVET);
(6) Military Order of the Purple Heart; and
(7) other VA recognized service organizations.
Legislative Review Note
 as of 1-29-15 10:26 AM
Office of Legislative Research and General Counsel