HF 1855

as introduced - 94th Legislature (2025 - 2026) Posted on 03/20/2025 04:10pm

A bill for an act
relating to veterans; requiring federal accreditation of veterans benefit services
providers; prohibiting veterans benefit services providers from making a guarantee
of veterans benefits; providing for remedies under the Prevention of Consumer
Fraud Act; providing for civil penalties; amending Minnesota Statutes 2024, section
197.6091.

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

Section 1.

Minnesota Statutes 2024, section 197.6091, is amended to read:

197.6091 VETERANS BENEFITS SERVICES; DISCLOSURE new text begin AND
ACCREDITATION new text end REQUIREMENTS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b)(1) "Advertising" or "advertisement" means any of the following:

(i) any written or printed communication made for the purpose of soliciting business for
veterans benefits appeal services, including but not limited to a brochure, letter, pamphlet,
newspaper, telephone listing, periodical, or other writing;

(ii) any directory listing caused or permitted by a person and made available by that
person indicating that veterans benefits appeal services are being offered; or

(iii) any radio, television, computer network, or similar airwave or electronic transmission
that solicits business for or promotes a person offering veterans benefits appeal services.

(2) "Advertising" or "advertisement" does not include any of the following:

(i) any printing or writing used on buildings, uniforms, or badges, where the purpose of
the writing is for identification; or

(ii) any printing or writing in a memorandum or other communication used in the ordinary
course of business where the sole purpose of the writing is other than soliciting business
for veterans benefits appeal services.

(c) "Veterans benefits appeal services" means services that a veteran might reasonably
require in order to appeal a denial of federal or state veterans benefits, including but not
limited to denials of disability, limited income, home loan, insurance, education and training,
burial and memorial, and dependent and survivor benefits.

(d) "Veterans benefits services" means services that a veteran or a family member of a
veteran might reasonably use in order to obtain federal, state, or county veterans benefits.

(e) "Written disclosure statement" means the written disclosure statement developed by
the commissioner of veterans affairs pursuant to section 196.05, subdivision 1.

Subd. 2.

Advertising disclosure requirements.

A person advertising veterans benefits
appeal services must conspicuously disclose in the advertisement, in similar type size or
voice-over, that veterans benefits appeal services are also offered at no cost by county
veterans service officers under sections 197.603 and 197.604.

Subd. 3.

Veterans benefits services disclosure requirements.

A person who provides
veterans benefits services in exchange for compensation shall provide a written disclosure
statement to each client or prospective client. Before a person enters into an agreement to
provide veterans benefits services or accepts money or any other thing of value for the
provision of veterans benefits services, the person must obtain the signature of the client
on a written disclosure statement containing an attestation by the client that the client has
read and understands the written disclosure statement.

new text begin Subd. 3a. new text end

new text begin Federal accreditation and fee agreement required. new text end

new text begin (a) A person who provides
veterans benefits services in exchange for compensation must be accredited by the secretary
of the United States Department of Veterans Affairs under United States Code, title 38,
chapter 59.
new text end

new text begin (b) A person who refers, in exchange for compensation, a veteran or a family member
of a veteran to a provider of veterans benefits services must be accredited by the secretary
of the United States Department of Veterans Affairs under United States Code, title 38,
chapter 59.
new text end

new text begin (c) A person subject to an accreditation requirement under paragraph (a) or (b), and who
provides veterans benefits services may charge a veteran or a family member of a veteran
a fee or other form of compensation only as provided in Code of Federal Regulations, title
38, section 14.636. Before providing veterans benefits services, a person must provide a
veteran or a family member of a veteran a written fee agreement that complies with Code
of Federal Regulations, title 38, section 14.636, paragraph (g).
new text end

new text begin Subd. 3b. new text end

new text begin Guarantee of benefits prohibited. new text end

new text begin A person providing veterans benefits
services in exchange for compensation must not guarantee, either directly or by implication,
that a veteran or a family member of a veteran is certain to receive specific federal, state,
or county veterans benefits or any specific level, percentage, or amount of federal, state, or
county veterans benefits.
new text end

Subd. 4.

Violations; penalties.

deleted text begin A person who fails to comply with this section is subject
to a civil penalty not to exceed $1,000 for each violation. Civil penalties shall be assessed
by the district court in an action initiated by the attorney general. For the purposes of
computing the amount of each civil penalty, each day of a continuing violation constitutes
a separate violation. Additionally, the attorney general may accept a civil penalty as
determined by the attorney general in settlement of an investigation of a violation of this
section regardless of whether an action has been filed under this section deleted text end new text begin A violation of this
section is an unlawful practice under section 325F.69. A person who violates this section
is subject to the remedies provided in section 325F.70 new text end . Any civil penalty recovered shall
be deposited in the Support Our Troops account established under section 190.19.

Subd. 5.

Nonapplicability.

This section does not apply to the owner or personnel of any
medium in which an advertisement appears or through which an advertisement is
disseminated.