HB 652: RELATING TO VETERANS RIGHTS AND BENEFITS.

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 regulate persons receiving compensation for providing advice or assistance regarding veterans benefits, except as permitted under federal law.

     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:

     (1)  Preparation, presentation, or prosecution of; or

     (2)  Advising, consulting, or assisting an individual with,

any veterans benefits matter, except as permitted under federal law.

     (b)  No person shall receive compensation for referring any individual to another person to:

     (1)  Prepare, present, or prosecute; or

     (2)  Advise, consult, or assist,

the individual with any veterans benefits matter.

     (c)  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.

     (d)  No person shall receive excessive or unreasonable fees as compensation for:

     (1)  Preparation, presentation, or prosecution of; or

     (2)  Advising, consulting, or assisting an 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 person seeking to receive compensation for:

     (1)  Preparation, presentation, or prosecution of; or

     (2)  Advising, consulting, or assisting an individual with,

any veterans benefits matter, before rendering any services, shall memorialize in a written agreement, signed by both parties and that adheres to all criteria specified in title 38 Code of Federal Regulations section 14.636, all terms regarding the individual's payment of fees for services rendered.

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

     §363-     Exceptions.  This part does not apply to:

     (1)  An accredited representative of a recognized organization or an accredited agent or attorney under title 38 Code of Federal Regulations section 14.629; or

     (2)  An employee of the department of defense operating within that employee's capacity as an employee of the department of defense."

     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 an individual 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 United States 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.

Report Title:

Veterans Rights and Benefits; Advising; Regulation

Description:

Regulates persons receiving compensation for providing advice or assistance regarding 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.