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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3029
103RD GENERAL ASSEMBL Y
6795H.03C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 42, RSMo, by adding thereto one new section relating to veterans, with
penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 42, RSMo, is amended by adding thereto one new section, to be
2 known as section 42.028, to read as follows:
42.028. 1. As used in this section, the following terms mean:
2 (1) "Compensation", payment of any money , thing of value, or financial benefit;
3 (2) "Person", an individual; corporation; business trust; estate; trust;
4 partnership; limited liability company; association; joint ventur e; public corporation;
5 government or governmental subdivision, agency , or instrumentality; or any other legal
6 or commer cial entity . The term "person" shall not include the Missouri veterans'
7 commission, a federally charter ed veterans service organization, or a claims agent or
8 attorney accred ited by the United States Department of V eterans Affairs;
9 (3) "V eterans' benefits matter", the pr eparation, pr esentation, or prosecution of
10 any claim affecting any person who has filed or expr essed an intent to file a claim for
11 any benefit, pr ogram, service, commodity , function, or status, entitlement to which is
12 determined under the laws and regul ations administer ed by the United States
13 Department of V eterans Affairs or the Missouri veterans' commission, pertaining to
14 veterans, their dependents, their survivors, and any other individual eligible for such
15 benefits. The term "veterans' benefits matter" shall not include a housing loan under
16 38 U.S.C. Section 3710, et seq.
17 2. Except as permitted under federal law , no person shall receive compensation
18 for advising or assisting any individual with reg ard to any veterans' benefits matter .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 3. No person shall receiv e compensation for ref erring any individual to another
20 person to advise or assist such individual with any veterans' benefits matter .
21 4. A person seeking to rec eive compensation for advising or assisting any
22 individual with any veterans' benefits matter shall, before r endering any services,
23 memorialize all terms reg arding the individual's payment of fees for services r ender ed
24 in a written agr eement, signed by both parties, that adher es to all criteria specified
25 within 38 CFR 14.636.
26 5. No person shall recei ve any compensation for any services r endered before the
27 date on which a notice of disagree ment is filed with res pect to any individual's case.
28 6. No person shall guarantee, either directly or by implication, that any
29 individual is certain to receive specific veterans' benefits or that any individual is certain
30 to receive a specific level, per centage, or amount of veterans' benefits.
31 7. No person shall r eceive excessive or unr easonable fees as compensation for
32 advising or assisting any individual with any veterans' benefits matter . The factors
33 articulated within 38 CFR 14.636 shall govern determinations of whether a fee is
34 excessive or unre asonable.
35 8. (1) No person shall advise or assist for compensation any individual
36 concerning any veterans' benefits matter without clearly pr oviding, at the outset of the
37 business rela tionship, the following disclosur e, both orally and in writing:
38 This business is not sponsor ed by , or affiliated with, the United
39 States Department of V eterans Affairs or the Missouri V eterans'
40 Commission, or any other federally chartered veterans service
41 organization. Other organizations, including, but not limited to,
42 the Missouri V eterans' Commission, your local veterans service
43 agency , and other federally charter ed veterans service
44 organizations, may be able to pro vide you with this service fr ee of
45 charge. Pr oducts or services offere d by this business are not
46 necessarily endorsed by any of these organizations. Y ou may
47 qualify for other veterans' benefits beyond the benefits for which
48 you are recei ving services her e.
49 (2) The written disclosure shall appear in at least twelve-point font and shall
50 appear in a re adily noticeable and identifiable place in the person's agreement with the
51 individual seeking services. The individual shall verbally acknowledge understanding of
52 the oral disclosur e and shall sign the document in which the written disclosur e appears,
53 to rep rese nt understanding of these pr ovisions. The person offering services shall reta in
54 a copy of the written disclosure while pr oviding veterans' benefits services for
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55 compensation to the individual and for at least one year after the date on which the
56 service rel ationship terminates.
57 9. (1) No person shall advertise for -compensation services in veterans' benefits
58 matters without including the following disclosur e:
59 This business is not sponsor ed by , or affiliated with, the United
60 States Department of V eterans Affairs or the Missouri V eterans'
61 Commission, or any other federally chartered veterans service
62 organization. Other organizations, including, but not limited to,
63 the Missouri V eterans' Commission, your local veterans service
64 agency , and other federally charter ed veterans service
65 organizations, may be able to pr ovide you with these services fre e
66 of charge. Pr oducts or services offer ed by this business are not
67 necessarily endorsed by any of these organizations. Y ou may
68 qualify for other veterans' benefits beyond the services that this
69 business offers.
70 (2) If the advertisement is printed, including, but not limited to, advertisements
71 visible to internet users, the disclosur e shall appear in a r eadily visible place on the
72 advertisement. If the advertisement is verbal, the spoken statement of the disclosur e
73 shall be clear and intelligible.
74 10. No person who advises or assists, or seeks to advise or assist, for
75 compensation any individual concerning any veterans' benefits matter shall gain direct
76 access to the individual's:
77 (1) Personal medical information;
78 (2) Personal financial information;
79 (3) Personal information in any application for government benefits; or
80 (4) User name or password for any application or service.
81 1 1. Any person who violates this section is guilty of a class A misdemeanor .
✔
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