S 695

South Carolina General Assembly
126th Session, 2025-2026
Bill 695
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Amended
May 7, 2026
S. 695
Introduced
by Senators Young, Graham, Devine, Walker and Sutton
S. Printed 5/7/26--H.  [SEC
5/8/2026 1:36 PM]
Read the first time February 11, 2026
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
THE "SOUTH CAROLINA SAFEGUARDING AMERICAN VETERANS' BENEFITS ACT"; AND BY
ADDING ARTICLE 8 TO CHAPTER 11, TITLE 25, SO AS TO PROVIDE DEFINITIONS, SET
GUIDELINES AND LIMITS FOR COMPENSATION, MEMORIALIZE TERMS, AND STATE PENALTIES
FOR NONCOMPLIANCE.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "South Carolina Safeguarding American
Veterans' Benefits Act".
SECTION 2.  Chapter 11, Title 25 of the S.C. Code is amended by
adding:
Article 8
    Section
25-11-810. For the purposes of this article:
    (1)
"Claim" means any application for any benefits administered by the United
States Department of Veterans Affairs, the United States Department of Defense,
or the United States Department of Homeland Security, and includes any
associated appeals regarding such benefits.
    (2)
"Compensation" means payment of money, a thing of value, or a financial
benefit.
    (3)
"Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public
corporation, government, governmental subdivision, agency, instrumentality, or
any other legal or commercial entity.
    (4)
"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 benefits, to include any program, service, commodity, function, or
status, administered by the United States Department of Veterans Affairs, the
United States Department of Defense, or the United States Department of
Homeland Security pertaining to veterans, their dependents, their survivors,
and any other individual eligible for such benefits.
    (5)
"Claimant" means the veteran or the surviving spouse, dependent children,
dependent parents, fiduciary, or legal representative of the veteran who is
applying for, or submitting a claim for, any benefit under this Article.
    Section
25-11-820. (A) No person shall
receive compensation for preparing, advising, presenting, or prosecuting a
claim for any individual regarding any veterans' benefits matter, except as
permitted under federal law.
    (B)
No person shall receive compensation for referring any individual to another
person for preparing, advising, presenting, or prosecuting a claim for the
individual with any veterans' benefits matter. This subsection does not apply
to licensed attorneys representing an individual regarding veterans' benefits
under a joint contract of representation that complies with the South Carolina
Rules of Professional Conduct.
    (C)
No person shall 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.
    (D) No
person may charge an upfront fee or non-refundable fee. A person seeking to
receive compensation for advising, assisting, or consulting with any veterans'
benefits matter, before rendering any services, shall memorialize the specific
terms that specify that the amount to be paid must be determined in a written
agreement signed by both parties. Compensation must be capped at a one-time fee
that is contingent upon an increase in benefits awarded and shall not exceed
five times the amount of the monthly increase in benefits awarded based on the
claim or twelve thousand five hundred dollars, whichever is the lesser amount.
Any installment payment plan agreed upon by the parties must be interest free,
not to exceed twelve months.
    (E)
No person may receive any compensation for any services rendered in connection
with any claim filed within the one year presumptive period of active-duty
release, unless the veteran acknowledges by signing a waiver that he is within
this period and choosing to deny free services available to him.
    (F)
Any person advising, assisting, or consulting on veterans' benefits matters for
compensation must provide the following disclosure at the outset of the
business relationship:
"This business is not
sponsored by, or affiliated with, the United States Department of Veterans
Affairs or the South Carolina Department of Veterans' Affairs, or any other
federally chartered veterans' service organization. Other organizations
including, but not limited to, the South Carolina Department of Veterans'
Affairs, a local veterans' service organization, a county veterans affairs officer,
and other federally chartered veterans' service organizations may be able to
provide you with this service free of charge. Products or services offered by
this business are not necessarily endorsed by any of these organizations. You
may qualify for other veterans' benefits beyond the benefits for which you are
receiving services here."
    (G)
The written disclosure must appear in at least twelve point font in an easily
identifiable place in the person's agreement with the individual seeking
services. The individual must sign the document in which the written disclosure
appears to represent understanding of these provisions. The person offering
services must retain a copy of the written disclosure while providing veterans'
benefits services for compensation to the individual and for at least one year
after the date on which the service relations terminate.
    (H)
Businesses advising, assisting, or consulting on veterans' benefits matters for
a fee must abide by the following:
       (1)
must not use a veteran's personal log-in, username, or password information to
access that veteran's medical, financial, or government benefits information;
       (2)
must not employ a medical provider to conduct a medical examination;
       (3)
must ensure that any individual who has access to veterans' medical or
financial information undergoes a background check prior to having access to
that information. The background check must be conducted by a reputable source
and include identity verification and a criminal records check.
    (I)
This article does not apply to:
       (1)
Any licensed attorney representing an individual regarding the payment and
resolution of any liens for medical care provided to the individual by the
United States Department of Veterans Affairs.
       (2)
An accredited representative of a recognized organization or an accredited
agent or attorney under Section 14.629 of Title 38 of the Code of Federal
Regulations, and any successor regulations.
       (3)
An employee of a South Carolina Veterans' Home who, when assisting the veteran
with veterans' benefits, is acting within that employee's capacity as an
employee of a South Carolina Veterans' Home.
    Section
25-11-840. (A) Any person violating
the provisions of this article shall be deemed guilty of a misdemeanor and upon
conviction, shall be fined not more than one thousand dollars, be imprisoned
for not more than thirty days, or both. Each veterans' benefits matter handled
in violation of the terms of this article shall be declared a separate offense.
    (B)
Any individual who suffers any ascertainable loss of money or property, real or
personal, as a result of a person violating the provisions of this article may
bring an action to recover under the South Carolina Unfair Trade Practices Act.
    (C)
Whenever the Attorney General has reasonable cause to believe that any person
is violating the provisions of this article, and that proceedings would be in
the public interest, he may bring an action in the name of the State against
such person to restrain such activity by temporary restraining order, temporary
injunction, or permanent injunction. The action may be brought in the court of
common pleas in the county in which such person resides, has his principal
place of business, or conducts or transacts business. Each day that a violation
continues is a separate violation. The courts are authorized to issue orders
and injunctions to restrain and prevent violations of this article, and such
orders and injunctions shall be issued without bond. Whenever any order or
permanent injunction is issued by such court in connection with any action that
has become final, reasonable costs and attorney's fees shall be awarded to the
State. The court may also award civil penalties, which shall be deposited into
the state's Veterans' Trust Fund.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 08, 2026 at 01:37 PM