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UNOFFICIAL COPY 26 RS BR 449
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AN ACT relating to the protection of veterans' benefits. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 40 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Compensation" means any money, thing of value, or economic benefit 6
conferred on or received by any person in return for services rendered, or to 7
be rendered, by himself or herself or another; 8
(b) "Person" means any natural person, corporation, trust, partnership, 9
incorporated or unincorporated association, or any other legal entity; and 10
(c) "Veterans' benefits matter" means the preparation, presentation, or 11
prosecution of any claim affecting any person who has filed or expressed an 12
intent to file a claim for any benefit, program, service, commodity, function, 13
status, or entitlement to which i s determined to pertain to veterans, their 14
dependents, their survivors, or any other individual eligible for the benefits 15
under the laws and regulations administered by the United States 16
Department of Veterans Affairs or the Kentucky Department of Veterans ' 17
Affairs. 18
(2) (a) A person shall not advise, assist, or consult any individual concerning any 19
veterans' benefits matter for compensation without clearly providing at the 20
outset of the business relationship the following disclosure both orally and 21
in writing: 22
"This business is not sponsored by or affiliated with the United States 23
Department of Veterans Affairs, the Kentucky Department of Veterans' 24
Affairs, or any other federally chartered veterans' service organization. 25
Other organizations, including but n ot limited to the Kentucky Department 26
of Veterans' Affairs, a local veterans' service organization, and other 27
UNOFFICIAL COPY 26 RS BR 449
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federally chartered veterans' service organizations may be able to provide 1
you with this service free of charge. Products or services offered by t his 2
business are not necessarily endorsed by any of these organizations. You 3
may qualify for other veterans' benefits beyond the benefits for which you 4
are receiving services here." 5
(b) The written disclosure in paragraph (a) of this subsection shall appea r in at 6
least twelve (12) point font and in a readily noticeable and identifiable place 7
in the person's agreement with the individual seeking services. The 8
individual shall verbally acknowledge understanding of the oral disclosure 9
and sign the document in which the written disclosure appears to represent 10
understanding of these provisions. The person offering services shall retain 11
a copy of the written disclosure while providing veterans' benefits services 12
for compensation to the individual and for at least one (1) year after the 13
date on which the service relations terminate. 14
(3) A violation of this section shall constitute an unfair, false, misleading, or 15
deceptive act or practice in the conduct of trade or commerce under KRS 367.170. 16