An Act to Prohibit Receiving Compensation for Assisting a Person to Obtain Veterans' Benefits Except as Permitted Under Federal Law (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2259
Committee: Veterans and Legal Affairs
Sponsors: FARRIN, FAULKINGHAM, DAUGHTRY, HICKMAN, JACKSON, KEIM, STEWART, TIMBERLAKE, ARATA, TALBOT ROSS
Amends: 37-B MRSA §12

Legislative Document
No. 2259
S.P. 976
In Senate, March 7, 2024
An Act to Prohibit Receiving Compensation for Assisting a Person 
to Obtain Veterans' Benefits Except as Permitted Under Federal 
Law
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator FARRIN of Somerset.
Cosponsored by Representative FAULKINGHAM of Winter Harbor and
Senators: DAUGHTRY of Cumberland, HICKMAN of Kennebec, President JACKSON of 
Aroostook, KEIM of Oxford, STEWART of Aroostook, TIMBERLAKE of Androscoggin, 
Representatives: ARATA of New Gloucester, Speaker TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §12 is enacted to read:
§12.  Compensation for services related to veterans' benefits matters
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Compensation" means payment of money, a thing of value or a financial benefit.
B.  "Person" means an individual, corporation, business trust, 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.
C.  "Veterans' benefits matter" means the preparation, presentation or prosecution of a 
claim affecting an individual who has filed or expressed an intent to file a claim for a 
benefit, program, service, commodity, function or status, 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, their dependents, their survivors and any other individual eligible for such 
benefits.
2.  Prohibitions.  A person may not:
A.  Receive compensation for preparation, presentation or prosecution of, or advising, 
consulting or assisting an individual with, a veterans' benefits matter, except as 
permitted under federal law;
B.  Receive compensation for referring an individual to another person to prepare, 
present or prosecute, or advise, consult or assist the individual with, a veterans' benefits 
matter;
C.  Receive, with respect to an individual's veterans' benefits matter, compensation for 
services rendered before the date on which a notice of disagreement, decision review 
or appeal is filed, whichever occurs first;
D.  Guarantee, either directly or by implication, that any individual is certain to receive 
specific veterans' benefits or that any individual is certain to receive a specific level, 
percentage or amount of veterans' benefits; and
E.  Receive excessive or unreasonable fees as compensation for preparation, 
presentation or prosecution of, or advising, consulting or assisting an individual with, 
a veterans' benefits matter. The factors articulated in 38 Code of Federal Regulations, 
Section 14.636 (2024) govern determinations of whether a fee is excessive or 
unreasonable.
3.  Memorialization of terms.  A person seeking to receive compensation for 
preparation, presentation or prosecution of, or advising, consulting or assisting an 
individual with, a veterans' benefits matter shall, before rendering any services, 
memorialize in a written agreement signed by both parties that adheres to all criteria 
specified in 38 Code of Federal Regulations, Section 14.636 (2024) all terms regarding the 
individual's payment of fees for services rendered.
4.  Penalty.  A violation of this section constitutes a violation of the Maine Unfair 
Trade Practices Act.
SUMMARY
This bill provides that a person may not receive compensation for services related to 
veterans' benefits matters except as permitted under federal law.  It also provides that a 
person may not receive compensation for referring an individual to another person to 
provide services related to veterans' benefits matters.  It provides that a person seeking to 
receive compensation for services related to veterans' benefits matters must, before 
rendering any services, memorialize in a written agreement that is signed by both parties 
and that complies with federal regulations all terms regarding the payment of fees for 
services rendered.  It provides that a person may not receive excessive or unreasonable fees 
for services related to veterans' benefits matters.  A violation of the provisions of the bill 
constitutes a violation of the Maine Unfair Trade Practices Act.