Bill Text: IL HB3865 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Requires persons providing veteran or military benefit services to make disclosures that the benefits are available without charge. Provides that it is an unlawful practice under that Act to fail to make the required disclosure, fail to comply with fiduciary responsibilities under federal law, and to charge fees in violation of federal law.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2021-08-16 - Public Act . . . . . . . . . 102-0386 [HB3865 Detail]

Download: Illinois-2021-HB3865-Enrolled.html

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HB3865 Enrolled LRB102 17007 KTG 22429 b
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

HB3865 Enrolled - 2 - LRB102 17007 KTG 22429 b
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.