[−] removed[+] addedOfficial text
SECOND REGULAR SESSION
HOUSE [+]added: COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3029
103RD GENERAL ASSEMBLY
[−]removed: INTRODUCED BY REPRESENTATIVE SCHULTE.
6795H.01I [+]added: 6795H.03C JOSEPH ENGLER, Chief Clerk
AN ACT
To amend chapter 42, RSMo, by adding thereto one new section relating to veterans, with
penalty provisions.
Be
[…]
or governmental subdivision, agency, or instrumentality; or any other legal
6 or commercial entity. The term "person" shall not include the Missouri veterans'
7 [−]removed: commission;
[+]added: commission, a federally chartered veterans service organization, or a claims agent or
8 [+]added: attorney accredited by the United States Department of Veterans Affairs;
9 (3) "Veterans' benefits matter", the preparation, presentation, or prosecution of
[−]removed: 9 [+]added: 10 any claim affecting any person who has filed or expressed an intent to file a claim for
[−]removed: 10 [+]added: 11 any benefit, program, service, commodity, function, or status, entitlement to which is
[−]removed: 11 [+]added: 12 determined under the laws and regulations administered by the United States
[−]removed: 12 [+]added: 13 Department of Veterans Affairs or the Missouri veterans' commission, pertaining to
[−]removed: 13 [+]added: 14 veterans, their dependents, their survivors, and any other individual eligible for such
[−]removed: 14 benefits.
15 [+]added: 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
[−]removed: 16 [+]added: 18 for advising or assisting any individual with regard to any veterans' benefits matter.
EXPLANATION — 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.
[−]removed: 17 [+]added: 19 3. No person shall receive compensation for referring any individual to another
[−]removed: 18 [+]added: 20 person to advise or assist such individual with any veterans' benefits matter.
[−]removed: 19 [+]added: 21 4. A person seeking to receive compensation for advising or assisting any
[−]removed: 20 [+]added: 22 individual with any veterans' benefits matter shall, before rendering any services,
[−]removed: 21 [+]added: 23 memorialize all terms regarding the individual's payment of fees for services rendered
[−]removed: 22 [+]added: 24 in a written agreement, signed by both parties, that adheres to all criteria specified
[−]removed: 23 [+]added: 25 within 38 CFR 14.636.
[−]removed: 24 [+]added: 26 5. No person shall receive any compensation for any services rendered before the
[−]removed: 25 [+]added: 27 date on which a notice of disagreement is filed with respect to any individual's case.
[−]removed: 26 [+]added: 28 6. No person shall guarantee, either directly or by implication, that any
[−]removed: 27 [+]added: 29 individual is certain to receive specific veterans' benefits or that any individual is certain
[−]removed: 28 [+]added: 30 to receive a specific level, percentage, or amount of veterans' benefits.
[−]removed: 29 [+]added: 31 7. No person shall receive excessive or unreasonable fees as compensation for
[−]removed: 30 [+]added: 32 advising or assisting any individual with any veterans' benefits matter. The factors
[−]removed: 31 [+]added: 33 articulated within 38 CFR 14.636 shall govern determinations of whether a fee is
[−]removed: 32 [+]added: 34 excessive or unreasonable.
[−]removed: 33 [+]added: 35 8. (1) No person shall advise or assist for compensation any individual
[−]removed: 34 [+]added: 36 concerning any veterans' benefits matter without clearly providing, at the outset of the
[−]removed: 35 [+]added: 37 business relationship, the following disclosure, both orally and in writing:
[−]removed: 36 [+]added: 38 This business is not sponsored by, or affiliated with, the United
[−]removed: 37 [+]added: 39 States Department of Veterans Affairs or the Missouri Veterans'
[−]removed: 38 [+]added: 40 Commission, or any other federally chartered veterans service
[−]removed: 39 [+]added: 41 organization. Other organizations, including, but not limited to,
[−]removed: 40 [+]added: 42 the Missouri Veterans' Commission, your local veterans service
[−]removed: 41 [+]added: 43 agency, and other federally chartered veterans service
[−]removed: 42 [+]added: 44 organizations, may be able to provide you with this service free of
[−]removed: 43 [+]added: 45 charge. Products or services offered by this business are not
[−]removed: 44 [+]added: 46 necessarily endorsed by any of these organizations. You may
[−]removed: 45 [+]added: 47 qualify for other veterans' benefits beyond the benefits for which
[−]removed: 46 [+]added: 48 you are receiving services here.
[−]removed: 47 [+]added: 49 (2) The written disclosure shall appear in at least twelve-point font and shall
[−]removed: 48 [+]added: 50 appear in a readily noticeable and identifiable place in the person's agreement with the
[−]removed: 49 [+]added: 51 individual seeking services. The individual shall verbally acknowledge understanding of
[−]removed: 50 [+]added: 52 the oral disclosure and shall sign the document in which the written disclosure appears,
[−]removed: 51 [+]added: 53 to represent understanding of these provisions. The person offering services shall retain
[−]removed: 52 [+]added: 54 a copy of the written disclosure while providing veterans' benefits services for
[+]added: HCS HB 3029 2
[−]removed: 53 [+]added: 55 compensation to the individual and for at least one year after the date on which the
[−]removed: 54 [+]added: 56 service relationship terminates.
[−]removed: 55 [+]added: 57 9. (1) No person shall advertise for-compensation services in veterans' benefits
[−]removed: 56 [+]added: 58 matters without including the following disclosure:
[−]removed: 57 [+]added: 59 This business is not sponsored by, or affiliated with, the United
[−]removed: 58 [+]added: 60 States Department of Veterans Affairs or the Missouri Veterans'
[−]removed: 59 [+]added: 61 Commission, or any other federally chartered veterans service
[−]removed: 60 [+]added: 62 organization. Other organizations, including, but not limited to,
[−]removed: 61 [+]added: 63 the Missouri Veterans' Commission, your local veterans service
[−]removed: 62 [+]added: 64 agency, and other federally chartered veterans service
[−]removed: 63 [+]added: 65 organizations, may be able to provide you with these services free
[−]removed: 64 [+]added: 66 of charge. Products or services offered by this business are not
[−]removed: 65 [+]added: 67 necessarily endorsed by any of these organizations. You may
[−]removed: 66 [+]added: 68 qualify for other veterans' benefits beyond the services that this
[−]removed: 67 [+]added: 69 business offers.
[−]removed: 68 [+]added: 70 (2) If the advertisement is printed, including, but not limited to, advertisements
[−]removed: 69 [+]added: 71 visible to internet users, the disclosure shall appear in a readily visible place on the
[−]removed: 70 [+]added: 72 advertisement. If the advertisement is verbal, the spoken statement of the disclosure
[−]removed: 71 [+]added: 73 shall be clear and intelligible.
[−]removed: 72 [+]added: 74 10. No person who advises or assists, or seeks to advise or assist, for
[−]removed: 73 [+]added: 75 compensation any individual concerning any veterans' benefits matter shall gain direct
[−]removed: 74 [+]added: 76 access to the individual's:
[−]removed: 75 [+]added: 77 (1) Personal medical information;
[−]removed: 76 [+]added: 78 (2) Personal financial information;
[−]removed: 77 [+]added: 79 (3) Personal information in any application for government benefits; or
[−]removed: 78 [+]added: 80 (4) User name or password for any application or service.
[−]removed: 79 [+]added: 81 11. Any person who violates this section is guilty of a class A misdemeanor.
✔
[+]added: HCS HB 3029 3