PRINTER'S NO. 1506
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1145
Session of
2024
INTRODUCED BY PENNYCUICK, MASTRIANO, ROBINSON, LAUGHLIN,
BARTOLOTTA, PHILLIPS-HILL, BREWSTER, BAKER, VOGEL, J. WARD
AND DILLON, APRIL 5, 2024
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
APRIL 5, 2024
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in general provisions, providing for
prohibiting claim sharks.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 105. Prohibiting claim sharks.
(a) Prohibitions.-- No person shall:
(1) Receive compensation for preparing, presenting,
prosecuting, advising, consulting or assisting any individual
with regard to any veterans' benefits matter, except as
permitted under Federal law.
(2) Receive compensation for referring an individual to
another person to prepare, present, prosecute, advise,
consult or assist the individual with any veterans' benefits
matter.
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(3) Receive any compensation for any services rendered
before the date on which a notice of disagreement is filed
with respect to the individual's case.
(4) Guarantee, either directly or by implication, that
an individual is certain to receive specific veterans'
benefits or that an individual is certain to receive a
specific level, percentage or amount of veterans' benefits.
(5) Receive excessive or unreasonable fees as
compensation for advising or assisting any individual with
any veterans' benefits matter. The factors in 38 CFR 14.636
(relating to payment of fees for representation by agents and
attorneys in proceedings before Agencies of Original
Jurisdiction and before the Board of Veterans' Appeals) as of
the effective date of this paragraph shall govern
determinations of whether a fee is excessive or unreasonable.
(b) Transparency.--A person seeking to receive compensation
for preparing, presenting, prosecuting, advising, consulting or
assisting an individual with any veterans' benefits matter
shall, before rendering any services, memorialize all terms
regarding the individual's payment of fees for services rendered
in a written agreement, signed by both parties, that adheres to
all criteria specified within 38 CFR 14.636.
(c) Grading.--A violation of this section shall be an
unlawful practice and a misdemeanor of the third degree.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Compensation." Payment of any money, thing of value or
financial benefit.
"Person." An individual, corporation, business trust,
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estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency or instrumentality or any other
legal or commercial entity.
"Veterans' benefits matter." The preparation, presentation
or prosecution of a claim affecting an individual who has filed
or expresses an intent to file a claim for a benefit, program,
service, commodity, function or status or entitlement to which
is determined under the laws and regulations administered by the
United States Department of Veterans Affairs or the United
States Department of Defense pertaining to veterans, a veteran's
dependents, a veteran's survivors or any other individual
eligible for the benefits.
Section 2. The provisions of this act are severable. If any
provision of this act or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 3. This act shall take effect in 60 days.
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