HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 3

TO

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 272

AMEND House Substitute No. 1 for House Bill No. 272 on line 20 by inserting “ persons who are not accredited by the United States Department of Veterans Affairs ” after “ from ” and before “ receiving ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 21 by inserting “ who is not accredited by the United States Department of Veterans Affairs ” after “ person ” and before “ shall ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 22 by deleting “ permitting under federal law. ” and inserting in lieu thereof “ permitted under federal law and provided herein. ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 23 by inserting “ who is not accredited by the United States Department of Veterans Affairs ” after “ person ” and before “ shall ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 25 by inserting “ who is not accredited by the United States Department of Veterans Affairs ” after “ person ” and before “ seeking ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 27 by inserting “ that would be applicable if the person seeking to receive compensation were accredited by the United States Department of Veterans Affairs ” after “ criteria ” and before “ specified ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 by deleting lines 28 through 29 and inserting in lieu thereof the following:

“ (4) No person who is not accredited by the United States Department of Veterans Affairs shall receive any compensation, unless the person would be eligible to receive compensation for such services under 38 C.F.R. § 14.636 if the person receiving compensation were accredited by the United States Department of Veterans Affairs. ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 30 by inserting “ who is not accredited by the United States Department of Veterans Affairs ” after “ person ” and before “ shall ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 31 by inserting “ that would be applicable if the person receiving compensation were accredited by the United States Department of Veterans Affairs ” after “ 38 C.F.R. s.14.636 ” and before “ shall ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 33 by inserting “ who is not accredited by the United States Department of Veterans Affairs ” after “ person ” and before “ shall ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 on line 46 by inserting “ who is not accredited by the United States Department of Veterans Affairs ” after “ person ” and before “ shall ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 by inserting the following after line 55:

“ (c) Nothing in this section is to be construed as applying to, limiting, or expanding the requirements imposed on persons accredited by the United States Department of Veterans Affairs and regulated by that agency.”.

“(d) Nothing in this section is to be construed as authorizing any person to engage in any practice in violation of federal law. ”.

FURTHER AMEND House Substitute No. 1 for House Bill No. 272 by deleting line 89 in its entirety and inserting in lieu thereof “Section 2. This Act takes effect 18 months after its enactment into law.”.

SYNOPSIS

This amendment to House Substitute 1 for House Bill 272 clarifies that the requirements of the Act apply to persons who are not accredited by the United States Department of Veterans Affairs.

This amendment also changes the effective date to 18 months following enactment to allow time for nonaccredited persons who are currently providing veterans’ services to seek and obtain accreditation from the United States Department of Veterans Affairs.

This amendment makes clear that while this Act does not authorize individuals to engage in any practice in violation of federal law, non-accredited persons who advise or assist veterans in their claims are subject to civil penalties and other remedies in this State if they engage in the trade practices prohibited under this Act.