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Senate committee adds carve-out for VA‑accredited representatives in veterans benefits bill
Summary
The Senate Agriculture and Veterans Affairs Committee attached a technical amendment to House Bill 1169 clarifying that the state law would not alter requirements governing agents, attorneys, or representatives accredited by the U.S. Department of Veterans Affairs.
The Senate Agriculture and Veterans Affairs Committee on an unspecified date approved an amendment to House Bill 1169 clarifying that the bill does not apply to agents, attorneys or representatives accredited and regulated by the U.S. Department of Veterans Affairs.
Amy Cleary of the GA Group, representing companies affected by the bill, asked the committee to adopt a ‘‘friendly amendment’’ proposed in the House that would add a new subsection stating: "nothing in this act shall be construed to apply to limit or expand the requirements imposed on agents, attorneys, or the representatives accredited and regulated by the US Department of Veterans Affairs." Cleary said the change was intended to distinguish state-regulated entities from federally accredited representatives.
Cleary told the committee two previously agreed amendments were not adopted by the full committee because a third amendment requiring accreditation became a deal breaker: "The 2 amendments were agreed upon by both parties. A third amendment requiring accreditation that you heard about at the hearing, ultimately was the deal breaker." She said the technical cleanup amendment was intended to ensure the law targets companies that are not accredited by the federal VA.
Senator Meridahl asked why the carve-out was needed and Cleary answered that legal counsel raised preemption concerns: "There was concern about challenges to this law and preemption issues with the federal government," she said.
The committee voted to attach the amendment (roll recorded: Senator Marsalais — yes; Senator Weston — yes; Senator Weber — yes; Chairman Lewick — yes; Vice Chair Meerdal — aye; Senator Lamb — aye). Later the committee voted to give House Bill 1169 a due-pass recommendation as amended; the roll on that motion recorded Senator Marsalais — no; Senator Weston — yes; Senator Weber — yes; Chairman Lewick — yes; Vice Chair Meerdal — aye; Senator Lehi — aye.
The amendment and subsequent due-pass recommendation were recorded in committee minutes. Committee members and witnesses discussed accreditation status and potential federal preemption but the transcript shows no final action by external federal actors.
Votes at a glance: Amendment (subsection carve-out) — adopted; House Bill 1169 as amended — due pass recommendation (roll recorded: Marsalais no; Weston yes; Weber yes; Lewick yes; Meerdal aye; Lehi aye).
