SF 1209

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 08:55am

A bill for an act
relating to military veterans; providing certain disclosure requirements related to
veterans benefits services; requiring the commissioner of veterans affairs to develop
a disclosure statement; amending Minnesota Statutes 2016, section 196.05,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 197.

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

Section 1.

Minnesota Statutes 2016, section 196.05, subdivision 1, is amended to read:

Subdivision 1.

General duties.

The commissioner shall:

(1) act as the agent of a resident of the state having a claim against the United States for
benefits arising out of or by reason of service in the armed forces and prosecute the claim
without charge;

(2) act as custodian of veterans' bonus records;

(3) administer the laws relating to the providing of bronze flag holders at veterans' graves
for memorial purposes;

(4) administer the laws relating to recreational or rest camps for veterans so far as
applicable to state agencies;

(5) administer the state soldiers' assistance fund and veterans' relief fund and other funds
appropriated for the payment of bonuses or other benefits to veterans or for the rehabilitation
of veterans;

(6) cooperate with national, state, county, municipal, and private social agencies in
securing to veterans and their dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public and private social agencies;

(7) provide necessary assistance where other adequate aid is not available to the dependent
family of a veteran while the veteran is hospitalized and after the veteran is released for as
long a period as is necessary as determined by the commissioner;

(8) cooperate with United States governmental agencies providing compensation,
pensions, insurance, or other benefits provided by federal law, by supplementing the benefits
prescribed therein, when conditions in an individual case make it necessary;

(9) assist dependent family members of military personnel who are called from reserve
status to extended federal active duty during a time of war or national emergency through
the state soldiers' assistance fund provided by section 197.03;

(10) exercise other powers as may be authorized and necessary to carry out the provisions
of this chapter and chapter 197, consistent with that chapter; deleted text begin and
deleted text end

(11) provide information, referral, and counseling services to those veterans who may
have suffered adverse health conditions as a result of possible exposure to chemical agents deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (12) in coordination with the Minnesota Association of County Veterans Service Officers,
develop a written disclosure statement for use by private providers of veterans benefits
services as required under section 197.6091. At a minimum, the written disclosure statement
shall include a signature line, contact information for the department, and a statement that
veterans benefits services are offered at no cost by federally chartered veterans service
organizations and by county veterans service officers.
new text end

Sec. 2.

new text begin [197.6091] VETERANS BENEFITS SERVICES; DISCLOSURE
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b)(1) "Advertising" or "advertisement" means any of the following:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (2) "Advertising" or "advertisement" does not include any of the following:
new text end

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

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

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

new text begin Subd. 2. new text end

new text begin Advertising disclosure requirements. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Veterans benefits services disclosure requirements. new text end

new text begin 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 end

new text begin Subd. 4. new text end

new text begin Violations; penalties. new text end

new 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. Any civil penalty
recovered shall be deposited in the Support Our Troops account established under section
190.19.
new text end

new text begin Subd. 5. new text end

new text begin Nonapplicability. new text end

new text begin 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.
new text end