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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 708
2025-2026
Representative Willis
Cosponsors: Representatives Johnson,
Deeter, Brennan, Troy, Ritter, Workman, Mathews, T., Demetriou,
Newman, Klopfenstein, Lorenz, Hall, T., Thomas, D., Fischer, Click,
Hiner, Lear, King, Creech, Daniels, Plummer, Salvo
To
amend section 1345.032 and to enact section 5901.10 of the Revised
Code
to
govern the practice of providing veterans claim consulting assistance
for compensation and to establish requirements for soliciting a fee
for providing a copy of a military discharge record.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 1345.032 be amended and section 5901.10 of the Revised Code
be enacted to read as follows:
Sec.
1345.032.
(A)
As used in this section:
(1)
"Deed" means a written instrument entitled to be recorded
in the office of the county recorder of the county in which the
subject property is situated that purports to convey or transfer
title in fee simple of real property in this state. "Deed"
includes a leasehold interest for ninety-nine years or more. "Deed"
does not include instruments providing for any of the following:
(a)
Common driveways;
(b)
Exchanges of easements or rights-of-way;
(c)
Revocable licenses to use, adjust, or clear defects of or clouds on
title;
(d)
Utility service lines such as drainage, sewerage, water, electric,
telephone, or other such service lines;
(e)
Quitclaim of possible outstanding interests.
(2)
"
Military
discharge record" means a United States department of defense
certificate of release or discharge from active duty, form DD-214,
and any other discharge document issued by the United States
department of defense.
(3)
"
Public
body" means any township, county, municipal corporation,
commission, district, authority, other subdivision, or public body of
this state.
(3)
(4)
"Solicit"
means to advertise or market to a person with whom the solicitor has
no pre-existing business relationship.
(B)(1)
A supplier soliciting a fee for providing a copy of a deed or a free
copy of a deed in connection with the solicitation for any other
service or product shall state on the top of the document used for
the solicitation, in at least twenty-four-point type, all of the
following:
(a)
That the solicitation is not from a public body;
(b)
That no action is legally required by the person being solicited;
(c)
The statutory fee for, or the cost of, obtaining a copy of the deed
from the county recorder who has custody of the deed;
(d)
The information necessary to contact that county recorder;
(e)
The name and physical address of the person soliciting the fee.
(2)
A
supplier who solicits a fee for providing a copy of a military
discharge record, or a free copy of the record in connection with the
solicitation for any other service, shall provide to the purchaser a
written document before the collection of any fee. The document shall
clearly set forth the fee for the service and shall state on the top
of the document, in at least twenty-four-point type, all of the
following:
(a)
The solicitation is not from a public body;
(b)
No action is legally required by the person being solicited;
(c)
The military discharge record may be obtained free of charge from the
national archives of the United States or from a county veterans
service commission. If the military discharge record has previously
been recorded with a county recorder's office, it may be obtained
from that office by an authorized party under section 317.24 of the
Revised Code.
(d)
The information necessary to contact the national archives of the
United States and the appropriate county veterans service commission;
(e)
The name and physical address of the person soliciting the fee.
(3)
The
document used for a solicitation under this section shall not be in a
form or use deadline dates or other language that makes the document
appear to be a document issued by a public body or that appears to
impose a legal duty on the person being solicited.
(3)
(4)
A
supplier soliciting a fee for providing a copy of a deed shall not
charge a fee of more than four times the fee charged by the county
recorder for a copy of that deed pursuant to section 317.32 of the
Revised Code
.
A supplier soliciting a fee for providing a copy of a military
discharge record shall not charge a fee in excess of five dollars per
record provided
.
(C)
(C)(1)
A
supplier soliciting a fee for providing a copy of a deed shall
furnish to the office of the county recorder of each county where the
solicitations are to be distributed a copy of the document that will
be used for those solicitations not less than fifteen days before
distributing the solicitations.
(2)
A supplier that solicits a fee for providing a copy of a military
discharge record shall furnish, to the county veterans service
commission and to the county recorder's office of each county where
the solicitation occurs, a copy of the document that will be used for
the solicitation not less than fifteen days before distributing the
solicitation.
(D)
This section shall not apply to any of the following:
(1)
A title insurance company authorized to do business in this state or
its authorized agent;
(2)
A mortgage loan originator, mortgage broker, lender, or servicer or a
depository financial institution authorized under state and federal
law to originate or service mortgage loans;
(3)
A real estate broker or salesperson licensed under Chapter 4735. of
the Revised Code.
(E)
The attorney general may adopt rules in accordance with Chapter 119.
of the Revised Code specifying the contents and form of the
solicitation document.
(F)
A violation of division (B) or (C) of this section shall be
considered an unconscionable consumer sales act or practice under
section 1345.03 of the Revised Code.
Sec.
5901.10.
(A)
As used in this section:
"Compensation"
means any money, thing of value, or economic benefit conferred on, or
received by, a person in return for services rendered, or to be
rendered, by the person or another.
"Veterans
benefits matter" means the preparation, presentation, or
prosecution of any claim affecting any person who has filed or
expressed an intent to file a claim for any benefit, program,
service, commodity, function, status, or entitlement that is
determined to pertain to veterans, their dependents, their survivors,
or any other person eligible for such benefits under the laws and
regulations administered by the United States department of veterans
affairs or by the state.
(B)
No person shall do any of the following:
(1)
Receive compensation for referring an individual to another person to
advise or assist the individual with any veterans benefits matter;
(2)
Receive compensation for services rendered, with respect to the
individual's case, in connection with a claim filed within one year
after the individual's date of separation of service;
(3)
Guarantee, either directly or by implication, a successful outcome or
that an individual is certain to receive specific veterans benefits
or that an individual is certain to receive a specific level,
percentage, or amount of veterans benefits.
(C)
A person seeking to receive compensation for advising, assisting, or
consulting with any individual in connection with any veterans
benefits matter shall, before rendering any services, memorialize the
specific terms under which the amount to be paid will be determined
in a written agreement signed by both parties. Compensation shall be
purely contingent upon an increase in benefits awarded, and if
successful, compensation shall not exceed five times the amount of
the monthly increase in benefits awarded based on the claim. No
initial or nonrefundable fee may be charged by a person advising,
assisting, or consulting an individual on a veterans benefit matter.
(D)
Any person advising, assisting, or consulting on veterans benefits
matters for compensation shall provide the following disclosure at
the outset of the business relationship:
"This
business is not sponsored by, or affiliated with, the United States
department of veterans affairs, the Ohio department of veterans
services, an Ohio county veterans service commission, or any
federally chartered veterans service organization. Those
organizations may be able to provide you with this service free of
charge. Products or services offered by this business are not
endorsed by any of these organizations. You may qualify for other
veterans benefits beyond the benefits for which you are receiving
services here."
The
written disclosure shall appear in at least twelve-point font and
shall appear in a readily noticeable and identifiable place in the
person's agreement with the individual seeking services. The
individual shall sign the document in which the written disclosure
appears to represent understanding of these provisions. The person
offering services shall retain a copy of the written disclosure while
providing veterans benefits services for compensation to the
individual and for at least one year after the date on which the
services terminate.
(E)
Any person advising, assisting, or consulting on veterans benefits
matters for a fee:
(1)
Shall not utilize international call centers or data centers for
processing veterans personal information;
(2)
Shall not use a veteran's personal log-in, username, or password
information to access that veteran's medical, financial, or
government benefits information;
(3)
Shall ensure that any individual who has access to a veteran's
medical or financial information has undergone a background check
before having access to that information. The background check shall
be conducted by a reputable source and include identity verification
and a criminal records check.
(F)
A violation of this section constitutes an unfair or deceptive act or
practice in connection with a consumer transaction under Chapter
1345. of the Revised Code.
(G)
Notwithstanding division (G) of section 1345.07 of the Revised Code,
any civil penalties collected under Chapter 1345. of the Revised
Code, for a violation of this section, shall be deposited into the
military injury relief fund established in section 5902.05 of the
Revised Code.
(H)
This section does not apply to an agent or attorney who is or is
required to be accredited under 38 C.F.R. 14.629 to assist claimants
in the preparation, presentation, and prosecution of claims for
veterans administration benefits.
Section
2.
That
existing section 1345.032 of the Revised Code is hereby repealed.