Public Act 0386 102ND GENERAL ASSEMBLY

HB3865 Enrolled LRB102 17007 KTG 22429 b

Public Act 102-0386

AN ACT concerning veterans.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2WWW as follows:

(815 ILCS 505/2WWW new)

Sec. 2WWW. Deceptive practices targeting veterans and military members.

(a) As used in this Section:

"Veteran or military benefits services" means any services offered or provided to a veteran, military member, or family member who is entitled to receive benefits under federal, State, or local law, policy, or practice as a result of, at least in part, qualifying military service. Such services include assistance in obtaining benefits, increasing benefits, or appealing a decision related to obtaining or increasing benefits.

"Veteran's services disclosure" means providing, in upper case type in size at least as large as the type size of the written communication or by voice-over, the following statement: "VETERAN AND MILITARY BENEFITS SERVICES ARE AVAILABLE FREE OF CHARGE FROM COUNTY VETERAN SERVICE OFFICERS, THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, AND FEDERALLY CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE, CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S OFFICE AT 1-800-382-3000.".

(b) It is an unlawful practice within the meaning of this Act for any person providing veteran or military benefits services to:

(1) Fail in any advertising to conspicuously disclose a veteran's services disclosure when veteran or military benefits services are provided in exchange for a benefit or thing of value.

(2) Fail to obtain, or to obtain a pending application for, all veteran or military benefits services qualifications, certifications, and accreditations required under State or federal law.

(3) Fail, when acting as a fiduciary for a veteran receiving benefits, to meet the responsibilities of fiduciaries under 38 CFR 13.140.

(4) Fail, when providing representation before the United States Department of Veterans Affairs, to meet the standards of conduct under 38 CFR 14.632.

(5) Charge fees or expenses in violation of 38 CFR 14.636 or 14.637.