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The Tennessee Conservative [By Paula Gomes] –
The Tennessee General Assembly passed a questionable bill meant to benefit veterans this legislative session while three other bills related to helping veterans are dead for the year.
House Bill 0342 sponsored by Representative Jerome Moon (R-Maryville-District 8) and Senate Bill 0362 sponsored by Senator Richard Briggs (R-Knoxville-District 7) was signed into law by Governor Bill Lee on Monday.
The legislation, known as the “Safeguarding American Veteran Empowerment (SAVE) Act” which seeks to protect veterans from certain deceptive practices under the Tennessee Consumer Protection Act of 1977 was opposed by numerous Veteran Service Organizations in Tennessee including Veterans of Foreign Wars who have almost 16,000 members in the state.
While the bill was making its way through the various subcommittees and committees of the General Assembly, critics said that it would open the door to the rampant operation of illegal veteran claims companies in Tennessee.
“If the SAVE Act is passed, I believe it will negatively impact veterans as private, unaccredited, for profit and unregulated companies will aggressively pursue veterans to file disability benefits and they (veterans) will unknowingly sign away a percentage of their benefits believing it is their only option to receive help,” stated one Shelby County veteran before the legislation was passed. “Veterans deserve to keep every dime of their benefits.”
While the bill outlines restrictions for compensation for those advising or assisting veterans with benefit matters, it does not outlaw the practice.
Veterans may receive assistance for free from Veteran Service Officers (VSOs) but because the Department of Tennessee is not fully staffed with VSOs, claims are often delayed for months. This has led to an industry of unregulated veteran disability claim companies who help veterans file claims in return for a percentage of their benefits which could be anywhere from $5,000 to $20,000.
According to the House sponsor, the legislation “provides guardrails and enforcement for unaccredited companies who are charging a fee for providing consulting and advice to Tennessee veterans in the present reparation of their VA disability claims.”
Moon acknowledged that there were no federal or Tennessee state laws regulating what he called “these fast-growing businesses.”
The new law prohibits someone from receiving compensation for referrals to these companies and no initial or nonrefundable fees may be charged. In addition, no guarantees, either direct or by implication, can be made as to the outcome of any claim.
Among other provisions, those seeking to receive compensation for advising, assisting, or consulting with veterans must make a written agreement, which both parties must sign, defining the specific terms under which the amount is to be paid and that compensation is contingent solely upon an increase in benefits awarded, not to exceed five times the amount of the monthly increase in benefits awarded based on a claim.
Those in violation of the new law subjects offenders to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977 with each day of violation a separate violation.
Three other bills that would have benefited veterans are dead for this year, with two having been placed behind the budget and the third barely making it out of the starting gate.
House Bill 0052 sponsored by Representative Gino Bulso (R-Brentwood-District 61) and Senate Bill 0473 sponsored by Senator Janice Bowling (R-Tullahoma-District 16) which sought to give disabled veterans extra benefits by enacting the “Veterans Assistance for Livelihood, Opportunity, and Relief (VALOR) Act” did not make it to either the House or Senate floor for a vote.
The legislation would have exempted disabled veterans who have 100 percent permanent and total disability from a service-connected cause from the payment of certain taxes and fees. According to the bill’s text, the current state law would have been amended to allow these veterans to obtain a permanent state hunting and fishing license at no cost. In addition, they would have been exempt from paying taxes or fees for the registration of one private vehicle and any local property taxes paid on property owned by the disabled veteran and used as the primary residence.
House Bill 0328 sponsored by Representative William Slater (R-Gallatin-District 35) and Senate Bill 0245 sponsored by Senator Ferrell Haile (R-Gallatin-District 18) would have provided veterans with discounts at state parks at the same rates that are offered to state employees.
The legislation would also have guaranteed that Tennessee veterans who have service-connected permanent, total disabilities receive a discount of at least fifty percent for camping and overnight cabin lodging fees at state parks.
Lastly, House Bill 0151 sponsored by Representative Ron Gant (R-Pipertown-District 94) was assigned to the House Cities and Counties subcommittee but never made it onto the calendar while its companion Senate Bill 0012 sponsored by Senator Page Walley (R-Savannah-District 26) was referred to the Senate State and Local Government Committee but likewise was never heard.
The legislation would have increased the reimbursement amount for property tax relief for disabled veteran homeowners from payment on the first $175,000 of the full market value of the home to payment on the first $200,000.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
One Response
Thanx.