HOUSE OF REPRESENTATIVES

H.B. NO.

2225

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO Veterans Rights and Benefits.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to prohibit persons from receiving compensation for advising or assisting with veterans benefits.

     SECTION 2.  Chapter 363, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part     .  VETERANS BENEFITS

     §363-     Prohibitions.  (a)  No person shall receive compensation for advising or assisting any individual with regard to any veterans benefits matter, except as permitted under federal law.

     (b)  No person shall receive compensation for referring any individual to another person to advise or assist this individual with any veterans benefits matter.

     (c)  A person seeking to receive compensation for advising or assisting any individual with any veterans benefits matter, before rendering any services, shall memorialize in a written agreement all terms regarding the individual's payment of fees for services rendered, signed by both parties, that adheres to all criteria specified within title 38 Code of Federal Regulations section 14.636.

     (d)  No person shall receive any compensation for any services rendered before the date upon which a notice of disagreement is filed with respect to the individual's case.

     (e)  No person shall guarantee, either directly or by implication, that any individual is certain to receive specific veterans benefits or that any individual is certain to receive a specific level, percentage, or amount of veterans benefits.

     (f)  No person shall receive excessive or unreasonable fees as compensation for advising or assisting any individual with any veterans benefits matter.  The factors articulated within title 38 Code of Federal Regulations section 14.636 shall govern determinations of whether a fee is excessive or unreasonable.

     §363-     Disclosure.  (a)  No person shall advise or assist for compensation any individual concerning any veterans benefits matter without clearly providing, at the outset of the business relationship, the following disclosure, both orally and in writing:

     "THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE HAWAII DEPARTMENT OF DEFENSE, HAWAII OFFICE OF VETERANS' SERVICES, OR ANY OTHER FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATION.  OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE HAWAII DEPARTMENT OF DEFENSE, HAWAII OFFICE OF VETERANS' SERVICES, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATIONS, MAY BE ABLE TO PROVIDE YOU WITH THIS SERVICE FREE OF CHARGE.  PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS.  YOU MAY QUALIFY FOR OTHER VETERANS BENEFITS BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES HERE."

     (b)  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 verbally acknowledge understanding of the oral disclosure and 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 service relationship terminates.

     §363-     Advertising.  (a)  No person shall advertise for‑compensation services in veterans benefits matters without including the following disclosure:

     "THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE HAWAII DEPARTMENT OF DEFENSE, THE HAWAII OFFICE OF VETERANS' SERVICES, OR ANY OTHER FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATION.  OTHER ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE HAWAII DEPARTMENT OF DEFENSE, HAWAII OFFICE OF VETERANS' SERVICES, YOUR LOCAL COUNTY VETERANS SERVICE AGENCY, AND OTHER FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATIONS, MAY BE ABLE TO PROVIDE YOU WITH THESE SERVICES FREE OF CHARGE.  PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY ENDORSED BY ANY OF THESE ORGANIZATIONS.  YOU MAY QUALIFY FOR OTHER VETERANS BENEFITS BEYOND THE SERVICES THAT THIS BUSINESS OFFERS."

     (b)  If the advertisement is printed, including but not limited to advertisements visible to internet users, the disclosure shall appear in a readily visible place on the advertisement.  If the advertisement is verbal, the spoken statement of the disclosure shall be clear and intelligible.

     §363-     Penalty.  A violation of the provisions of this part shall be an unfair or deceptive act or practice under chapter 481A and a violation of section 480-2."

     SECTION 3.  Chapter 363, Hawaii Revised Statutes, is amended by designating sections 363-1 to 363-13 as part I, entitled "General Provisions".

     SECTION 4.  Section 363-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Compensation" means payment of any money, thing of value, or financial benefit.

     "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

     "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, or status, entitlement to which is determined under the laws and regulations administered by the United States Department of Veterans Affairs or the department of defense pertaining to veterans, their dependents, their survivors, and any other individual eligible for such benefits."

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Veterans Rights and Benefits; Advising; Prohibitions

 

Description:

Prohibits persons from receiving compensation for advising or assisting with veterans benefits.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.