RELATING TO VETERANS RIGHTS AND BENEFITS.

HB652

HOUSE OF REPRESENTATIVES

H.B. NO.

652

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO Veterans Rights and Benefits
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
�
The purpose of this Act is to regulate
persons receiving compensation for providing advice or assistance regarding
veterans benefits, except as permitted under federal law.

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SECTION 2.
�
Chapter 363, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:

"
Part
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.
�
VETERANS BENEFITS

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�363-
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Prohibitions.
�
(a)
�
No
person shall receive compensation for:

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(1)
�
Preparation, presentation, or prosecution of;
or

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(2)
�
Advising, consulting, or assisting an
individual with,

any veterans benefits matter, except as permitted
under federal law.

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(b)
�
No person shall receive compensation for
referring any individual to another person to:

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(1)
�
Prepare, present, or prosecute; or

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(2)
�
Advise, consult, or assist,

the individual with any veterans benefits matter.

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(c)
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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.

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(d)
�
No person shall receive excessive or
unreasonable fees as compensation for:

����
(1)
�
Preparation, presentation, or prosecution of;
or

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(2)
�
Advising, consulting, or assisting an
individual with,

any veterans benefits matter.
�
The factors articulated within title 38 Code
of Federal Regulations section 14.636 shall govern determinations of whether a
fee is excessive or unreasonable.

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�363-
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Disclosure.
�
A person seeking to receive compensation for:

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(1)
�
Preparation, presentation, or prosecution of;
or

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(2)
�
Advising, consulting, or assisting an
individual with,

any veterans benefits matter, before rendering any
services, shall memorialize in a written agreement, signed by both parties and that
adheres to all criteria specified in title 38 Code of Federal Regulations
section 14.636, all terms regarding the individual's payment of fees for
services rendered.

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�363-
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Penalty.
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A violation of this part shall be an unfair
or deceptive act or practice under chapter 481A and a violation of section 480-2.

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�363-
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Exceptions.
�
This part does not apply to:

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(1)
�
An accredited representative of a recognized
organization or an accredited agent or attorney under title 38 Code of Federal
Regulations section 14.629; or

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(2)
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An employee of the department of defense
operating within that employee's capacity as an employee of the department of
defense."

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SECTION 3.

�
Chapter 363, Hawaii Revised Statutes, is
amended by designating sections 363-1 to 363-13 as part I, entitled
"General Provisions".

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SECTION
4.
�
Section 363-1, Hawaii Revised
Statutes, is amended by adding three new definitions to be appropriately
inserted and to read as follows:

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"
"Compensation"
means payment of any money, thing of value, or financial benefit.

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"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.

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"Veterans
benefits matter" means the preparation, presentation, or prosecution of
any claim affecting an individual who has filed or expressed an intent to file
a claim for any 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.
"

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SECTION
5.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

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SECTION
6.
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New statutory material is
underscored.

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SECTION 7.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Veterans
Rights and Benefits; Advising; Regulation

Description:

Regulates
persons receiving compensation for providing advice or assistance regarding
veterans benefits.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.