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