Kentucky 2024 Regular Session Status: Passed House Bipartisan · 7 R · 1 D cosponsors

HB 39 — AN ACT relating to the protection of veterans' benefits.

Last action — 2nd reading, to Rules

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Create a new section of KRS Chapter 40 to prevent the compensation for advising or assisting with veterans' benefits.

Bill Text

What changed in the latest version

62 added · 63 removed

62 line(s) added, 63 removed.

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UNOFFICIAL COPY 24 RS BR 861 AN ACT relating to the protection of veterans' benefits.
UNOFFICIAL COPY 24 RS HB 39/GA AN ACT relating to the protection of veterans' benefits.
and (c) "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, status, or entitlement to which is determined to pertain to veterans, their dependents, their survivors, or any other individual eligible for such benefits under the laws and regulations administered by the United States Department of Veterans' Affairs or the Kentucky Department of Veterans' Affairs.
and (c) "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, status, or entitlement to which is determined to pertain to veterans, their dependents, their survivors, or any other individual eligible for such benefits under the laws and regulations administered by the United States Department of Veterans Affairs or the Kentucky Department of Veterans' Affairs.
(2) No person shall receive compensation for advising or assisting any individual regarding any veterans' benefits matter, except as permitted under federal law.
(2) No person shall receive any compensation for referring any individual to another person to advise or assist the individual with any veterans' benefits matter.
(3) No person shall receive compensation for referring any individual to another person to advise or assist the individual with any veterans' benefits matter.
(3) No person shall receive any compensation for any services rendered in connection with any claim filed within the one (1) year presumptive period of active duty release.
(4) A person seeking to receive compensation for advising or assisting any individual with any veterans' benefits matter shall, before rendering any services, memorialize all terms regarding the individual's payment of fees for services rendered in a written agreement signed by both parties that adheres to all criteria specified within 38 C.F.R.
(4) A person seeking to receive compensation for advising, assisting, or consulting any individual with any veterans' benefits matter shall, before rendering any services, memorialize all terms regarding the individual's payment of fees for services rendered in a written agreement signed by both parties that specifies:
sec.
Page 1 of 3 HB003910.100 - 861 - XXXX 2/29/2024 2:59 PM GA UNOFFICIAL COPY 24 RS HB 39/GA (a) Fees for services are contingent upon a successful outcome, and shall not exceed five (5) times the one (1) month increase in benefits;
14.636.
and (b) No initial or nonrefundable fee shall be charged.
Page 1 of 3 XXXX 12/13/2023 10:39 AM Jacketed UNOFFICIAL COPY 24 RS BR 861 (5) No person shall receive any compensation for any services rendered before the date on which a notice of disagreement is filed with respect to the individual's case.
(5) A person seeking to receive compensation for advising, assisting, or consulting any individual with any veterans' benefits matter or engaging in the preparation of an initial claim for a fee shall not:
(6) 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.
(a) Utilize international call centers or data centers for processing any veterans' personal information;
(7) No person shall receive excessive or unreasonable fees as compensation for advising or assisting any individual with any veterans' benefits matter and all fees shall be in accordance with 38 C.F.R.
(b) Aggressively or directly solicit business regarding any veterans' benefit matter;
sec.
or (c) Gain direct access to any personal medical, financial, or government benefits log-in, username, or password information.
14.636.
(6) A person seeking to receive compensation for advising, assisting, or consulting any individual with any veterans' benefits matter shall not utilize a medical professional for a secondary medical exam with whom they have an employment or business relationship.
(8) 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:
(7) A person shall not advertise or 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.
"This business is not sponsored by, or affiliated with, the United States Department of Veterans' Affairs or the Kentucky Department of Veterans' Affairs, or any other federally chartered veterans' service organization.
(8) (a) A person shall not advise, assist, or consult 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:
Other organizations including but not limited to the Kentucky Department of Veterans' Affairs, a local veterans' service organization, and other federally chartered veterans' service organizations may be able to provide you with this service free of charge.
"This business is not sponsored by, or affiliated with, the United States Department of Veterans Affairs or the Kentucky Department of Veterans' Affairs, or any other federally chartered veterans' service organization.
Page 2 of 3 HB003910.100 - 861 - XXXX 2/29/2024 2:59 PM GA UNOFFICIAL COPY 24 RS HB 39/GA Other organizations, including but not limited to the Kentucky Department of Veterans' Affairs, a local veterans' service organization, and other federally chartered veterans' service organizations may be able to provide you with this service free of charge.
You may qualify for other veterans' benefits beyond the benefits for which you are receiving services here." The written disclosure shall appear in at least twelve (12) point font and shall appear in a readily noticeable and identifiable place in the person's agreement with the individual seeking services.
You may qualify for other veterans' benefits beyond the benefits for which you are receiving services here." (b) The written disclosure in paragraph (a) of this subsection shall appear in at least twelve (12) point font and shall appear in a readily noticeable and identifiable place in the person's agreement with the individual seeking services.
The person offering services shall retain a copy of the written disclosure while providing Page 2 of 3 XXXX 12/13/2023 10:39 AM Jacketed UNOFFICIAL COPY 24 RS BR 861 veterans' benefits services for compensation to the individual and for at least one (1) year after the date on which the service relations terminates.
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 (1) year after the date on which the service relations terminate.
(9) No person shall advertise for compensation services in veterans' benefits matters without including the following disclosure:
(9) A violation of the provisions of this section shall constitute an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce under KRS 367.170.
"This business is not sponsored by, or affiliated with, the United States Department of Veterans' Affairs, the Kentucky Department of Veterans' Affairs, or any other federally chartered veterans' service organization.
Page 3 of 3 HB003910.100 - 861 - XXXX 2/29/2024 2:59 PM GA
Other organizations including but not limited to the Kentucky Department of Veterans' Affairs, a local veterans' service organization, 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 services that this business offers." 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.
(10) A violation of the provisions of this section shall constitute an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce under KRS 367.170.
Page 3 of 3 XXXX 12/13/2023 10:39 AM Jacketed
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Action History

  1. 2nd reading, to Rules

  2. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  3. to Veterans, Military Affairs, & Public Protection (S)

  4. to Committee on Committees (S)

  5. received in Senate

  6. 3rd reading, passed 94-1 with Committee Substitute (1)

  7. posted for passage in the Regular Orders of the Day for Thursday, February 29, 2024

  8. 2nd reading, to Rules

  9. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  10. to Veterans, Military Affairs, & Public Protection (H)

  11. to Committee on Committees (H)

  12. introduced in House

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 129 not signed on · 1 voted No

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

Show all 129 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 94 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 14001
Republican 69102
Unaffiliated 11000
Total 94103
% of votes cast 96%1%0%3%
How each member voted (98)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Palumbo — Yea
Timoney — Yea
Justice — Yea
Pratt — Yea
Raymond — Yea
Graham — Yea
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Not Voting
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Not Voting
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

veterans
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 39 do?
Create a new section of KRS Chapter 40 to prevent the compensation for advising or assisting with veterans' benefits.
Who sponsors HB 39?
HB 39 is sponsored by Bobby McCool (Republican), Chad Aull (Democrat), John Blanton (Republican), Emily Callaway (Republican), Daniel Elliott (Republican), R. Heath, Derek Lewis (Republican), Candy Massaroni (Republican), and Wade Williams (Republican).
What is the current status of HB 39?
This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 39?
Track HB 39 free on One Click Politics — get push/email alerts when it moves.

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