Missouri 2025 Regular Session

Missouri Senate Bill SB316 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 316
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR BLACK.
6	6	1323S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 42, RSMo, by adding thereto one new section relating to compensation for
9	9	services rendered in veterans benefits matters.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 42, RSMo, is amended by adding thereto 1
13	13	one new section, to be known as section 42.028, to read as 2
14	14	follows:3
15	15	42.028. 1. As used in this section, the following 1
16	16	terms mean: 2
17	17	(1) "Compensation", any money, thing of value, or 3
18	18	economic benefit conferred on, or received by, any person in 4
19	19	return for services rendered, or to be rendered, by himself 5
20	20	or herself or another; 6
21	21	(2) "Person", any natural person, corporation, trust, 7
22	22	partnership, incorporated or unincorporated association, or 8
23	23	any other legal entity; 9
24	24	(3) "Veterans benefits matter", the preparation, 10
25	25	presentation, or prosecution of any claim affecting any 11
26	26	person who has filed or expressed an intent to file a claim 12
27	27	for any benefit, program, service, commodity, function, 13
28	28	status, or entitleme nt to which is determined to pertain to 14
29	29	veterans, their dependents, their survivors, or any other 15
30	30	individual eligible for such benefits under the laws and 16
31	31	regulations administered by the United States Department of 17
32	32	Veterans Affairs or the Missouri vete rans' commission. 18 SB 316 2
33	33	2. No person shall receive compensation for referring 19
34	34	any individual to another person to advise or assist the 20
35	35	individual with any veterans benefits matter. 21
36	36	3. No person shall receive compensation for any 22
37	37	services rendered in connection with any claim filed within 23
38	38	the one-year presumptive period of active -duty release. 24
39	39	4. A person seeking to receive compensation for 25
40	40	advising, assisting, or consulting with any individual in 26
41	41	connection with any veterans benefits matte r shall, before 27
42	42	rendering any services, memorialize the specific terms, 28
43	43	under which the amount to be paid will be determined, in a 29
44	44	written agreement signed by both parties. Such compensation 30
45	45	shall be purely contingent upon an increase in benefits 31
46	46	awarded, and if successful, compensation shall not exceed 32
47	47	five times the amount of the monthly increase in benefits 33
48	48	awarded based on the claim. Initial or nonrefundable fees 34
49	49	or charges are prohibited. 35
50	50	5. A person seeking to receive compensation for 36
51	51	advising, assisting, or consulting with any individual with 37
52	52	any veterans benefits matter shall not utilize a medical 38
53	53	professional with whom the person has an employment or 39
54	54	business relationship for a secondary medical exam. 40
55	55	6. No person shall guarantee, either directly or by 41
56	56	implication, a successful outcome, that any individual is 42
57	57	certain to receive specific veterans' benefits, or that any 43
58	58	individual is certain to receive a specific level, 44
59	59	percentage, or amount of veterans' benefits. 45
60	60	7. (1) No person shall advise, assist, or consult for 46
61	61	compensation with any individual concerning any veterans 47
62	62	benefits matter without clearly providing, at the outset of 48
63	63	the business relationship, the following disclosure, both 49
64	64	orally and in writing: 50 SB 316 3
65	65	"This business is not sponsored by, or 51
66	66	affiliated with, the United States Department of 52
67	67	Veterans Affairs or the Missouri Veterans' 53
68	68	Commission, or any other federally chartered 54
69	69	veterans' service organization. Other 55
70	70	organizations, including, but not lim ited to, 56
71	71	the Missouri Veterans' Commission, a local 57
72	72	veterans' service organization, and other 58
73	73	federally chartered veterans' service 59
74	74	organizations, may be able to provide you with 60
75	75	this service free of charge. Products or 61
76	76	services offered by this busi ness are not 62
77	77	necessarily endorsed by any of these 63
78	78	organizations. You may qualify for other 64
79	79	veterans' benefits beyond the benefits for which 65
80	80	you are receiving services here.". 66
81	81	(2) The written disclosure shall appear in at least 67
82	82	twelve-point font and shall appear in a readily noticeable 68
83	83	and identifiable place in the person's agreement with the 69
84	84	individual seeking services. The individual shall verbally 70
85	85	acknowledge understanding of the oral disclosure and shall 71
86	86	sign the document in which the wr itten disclosure appears, 72
87	87	to represent understanding of these provisions. The person 73
88	88	offering services shall retain a copy of the written 74
89	89	disclosure while providing veterans' benefits services for 75
90	90	compensation to the individual and for at least one ye ar 76
91	91	after the date on which the service relationship terminates. 77
92	92	8. Persons engaging in the preparation of an initial 78
93	93	claim for a fee shall not: 79
94	94	(1) Utilize international call centers or data centers 80
95	95	for processing veterans' personal informat ion; nor 81 SB 316 4
96	96	(2) Gain direct access to any personal medical, 82
97	97	financial, or governmental benefits login, username, or 83
98	98	password information. 84
99	99	9. A violation of this section shall constitute an 85
100	100	unlawful practice under section 407.020 and any action 86
101	101	authorized in sections 407.010 to 407.130 may be taken. 87
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