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SECOND REGULAR SESSION
SENATE BILL NO. 1107
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
5071S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 42, RSMo, by adding thereto one new section relating to compensation for
advising or assisting in veterans benefits matters, 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 1
one new section, to be known as section 42.028, to read as 2
follows:3
42.028. 1. As used in this section, the following 1
terms mean: 2
(1) "Compensation", payment of any money, thing of 3
value, or financial benefit; 4
(2) "Person", an individual, corporation, business 5
trust, estate, trust, partnership, limited liability 6
company, association, joint venture, public corporation, 7
government or governmental subdivision, agency, or 8
instrumentality, or any other legal or commercial entity. 9
The term "person" shall not include the Missouri veterans' 10
commission; 11
(3) "Veterans benefits matter", the preparation, 12
presentation, or prosecution of any claim affecting any 13
person who has filed or expressed an intent to file a claim 14
for any benefit, program, service, commodity, function, 15
status, or entitlement to which is determined under the laws 16
and regulations administered by the United States Department 17
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of Veterans Affairs or the Missouri veterans' commission, 18
pertaining to veterans, their dependents, their survivors, 19
and any other individual eligible for such benefits. 20
2. Except as permitted under federal law, no person 21
shall receive compensation for advising or assisting any 22
individual with regard to any veterans benefits matter. 23
3. No person shall receive compensation for referring 24
any individual to another person to advise or assist this 25
individual with any veterans benefits matter. 26
4. A person seeking to receive compensation for 27
advising or assisting any individual with any veterans 28
benefits matter shall, before rendering any services, 29
memorialize all terms regarding the individual's payment of 30
fees for services rendered in a written agreement, signed by 31
both parties, that adheres to all criteria specified within 32
38 CFR 14.636. 33
5. No person shall receive any compensation for any 34
services rendered before the date on which a notice of 35
disagreement is filed with respect to the individual's case. 36
6. No person shall guarantee, either directly or by 37
implication, that any individual is certain to receive 38
specific veterans benefits or that any individual is certain 39
to receive a specific level, percentage, or amount of 40
veterans benefits. 41
7. No person shall receive excessive or unreasonable 42
fees as compensation for advising or assisting any 43
individual with any veterans benefits matter. The factors 44
articulated within 38 CFR 14.636 shall govern determinations 45
of whether a fee is excessive or unreasonable. 46
8. (1) No person shall advise or assist for 47
compensation any individual concerning any veterans benefits 48
matter without clearly providing, at the outset of the 49
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business relationship, the following disclosure, both orally 50
and in writing: 51
"This business is not sponsored by, or 52
affiliated with, the United States Department of 53
Veterans Affairs or the Missouri Veterans' 54
Commission, or any other federally chartered 55
veterans service organization. Other 56
organizations, including, but not limited to, 57
the Missouri Veterans' Commission, your local 58
veterans service agency, and other federally 59
chartered veterans service organizations, may be 60
able to provide you with this service free of 61
charge. Products or services offered by this 62
business are not necessarily endorsed by any of 63
these organizations. You may qualify for other 64
veterans benefits beyond the benefits for which 65
you are receiving services here.". 66
(2) The written disclosure shall appear in at least 67
twelve-point font and shall appear in a readily noticeable 68
and identifiable place in the person's agreement with the 69
individual seeking services. The individual shall verbally 70
acknowledge understanding of the oral disclosure and shall 71
sign the document in which the written disclosure appears, 72
to represent understanding of these provisions. The person 73
offering services shall retain a copy of the written 74
disclosure while providing veterans benefits services for 75
compensation to the individual and for at least one year 76
after the date on which the service relationship terminates. 77
9. (1) No person shall advertise for-compensation 78
services in veterans benefits matters without including the 79
following disclosure: 80
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"This business is not sponsored by, or 81
affiliated with, the United States Department of 82
Veterans Affairs or the Missouri Veterans' 83
Commission, or any other federally chartered 84
veterans service organization. Other 85
organizations, including, but not limited to, 86
the Missouri Veterans' Commission, your local 87
veterans service agency, and other federally 88
chartered veterans service organizations, may be 89
able to provide you with these services free of 90
charge. Products or services offered by this 91
business are not necessarily endorsed by any of 92
these organizations. You may qualify for other 93
veterans benefits beyond the services that this 94
business offers.". 95
(2) If the advertisement is printed, including, but 96
not limited to, advertisements visible to internet users, 97
the disclosure shall appear in a readily visible place on 98
the advertisement. If the advertisement is verbal, the 99
spoken statement of the disclosure shall be clear and 100
intelligible. 101
10. Any person who violates this section is guilty of 102
a class A misdemeanor. 103
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