1.1.................... moves to amend S. F. No. 1959, the first unofficial engrossment, as follows:
1.2Page 16, after line 8, insert:

1.3    "Sec. 10. Minnesota Statutes 2024, section 197.6091, is amended to read:
1.4197.6091 VETERANS BENEFITS SERVICES; DISCLOSURE AND
1.5ACCREDITATION REQUIREMENTS.
1.6    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.7the meanings given.
1.8(b)(1) "Advertising" or "advertisement" means any of the following:
1.9(i) any written or printed communication made for the purpose of soliciting business for
1.10veterans benefits services, or veterans benefits appeal services, including but not limited to
1.11a brochure, letter, pamphlet, newspaper, telephone listing, periodical, or other writing;
1.12(ii) any directory listing caused or permitted by a person and made available by that
1.13person indicating that veterans benefits services, or veterans benefits appeal services are
1.14being offered; or
1.15(iii) any radio, television, computer network, or similar airwave or electronic transmission
1.16that solicits business for or promotes a person offering veterans benefits services, or veterans
1.17benefits appeal services.
1.18(2) "Advertising" or "advertisement" does not include any of the following:
1.19(i) any printing or writing used on buildings, uniforms, or badges, where the purpose of
1.20the writing is for identification; or
1.21(ii) any printing or writing in a memorandum or other communication used in the ordinary
1.22course of business where the sole purpose of the writing is other than soliciting business
1.23for veterans benefits services, or veterans benefits appeal services.
2.1(c) "Benefit" means any payment, service, commodity, function, status, or entitlement
2.2to which is determined under laws administered by the United States Department of Veterans
2.3Affairs pertaining to veterans, dependents, and survivors.
2.4(d) "Claim" means an application made under United States Code, title 38, and
2.5implementing directives, for entitlement to United States Department of Veterans Affairs
2.6benefits, reinstatement, continuation, or increase of benefits, or the defense of a proposed
2.7agency adverse action concerning benefits.
2.8(e) "Claimant" means a veteran, dependent, or other appropriate person with a claim for
2.9benefits from the United States Department of Veterans Affairs.
2.10(f) "Compensation" means payment of money, a thing of value, or a financial benefit.
2.11(g) "Recognition" means certification by the United States Department of Veterans
2.12Affairs of organizations to assist claimants in the preparation, presentation, and prosecution
2.13of claims for benefits.
2.14(h) "Person" means an individual, agency, government or governmental subdivision,
2.15government employee, veterans service organization, corporation, business trust, estate,
2.16trust, partnership, limited liability company, association, joint venture, public corporation,
2.17instrumentality, or any other legal or commercial entity.
2.18(i) "Practice of law" means legal representation, legal services, legal advice, legal
2.19consultations, preparation of legal documents, or other legal activities provided by a licensed
2.20attorney.
2.21(j) "Representation" means the acts associated with representing a claimant in a
2.22proceeding before VA pursuant to a properly executed and filed VA Form 21-22
2.23(Appointment of Veterans Service Organization as Claimant's Representative) or VA Form
2.2421-22a (Appointment of Individual as Claimant's Representative).
2.25(k) "VA accreditation" means the federal credentialing process required pursuant to
2.26United States Code, tile 38, section 5904, by the United States Department of Veterans
2.27Affairs for representatives of veterans at the agency. Accreditation is not required for
2.28representation in federal courts.
2.29(l) "VA-accredited representative" means a person recognized by the United States
2.30Department of Veterans Affairs under Code of Federal Regulations, title 38, section 14.629,
2.31including, but not limited to, VA-accredited attorneys, claims agents, government employees,
2.32and representatives of veterans service organizations.
3.1(m) "Veterans benefits appeal services" means services that a veteran might reasonably
3.2require in order to appeal a denial of federal or state veterans benefits provided after an
3.3initial claim decision is made by the United States Department of Veterans Affairs, including
3.4but not limited to denials of disability, limited income, home loan, insurance, education and
3.5training, burial and memorial, and dependent and survivor benefits.
3.6(d) (n) "Veterans benefits services" means services that a veteran or a family member
3.7of a veteran might reasonably use in order to obtain federal, state, or county veterans benefits.
3.8(e) (o) "Written disclosure statement" means the written disclosure statement developed
3.9by the commissioner of veterans affairs pursuant to section 196.05, subdivision 1.
3.10    Subd. 2. Advertising disclosure requirements. A person advertising veterans benefits
3.11appeal services must conspicuously disclose in the advertisement, in similar type size or
3.12voice-over, that veterans benefits appeal services are also offered at no cost by county
3.13veterans service officers under sections 197.603 and 197.604. This subdivision does not
3.14apply to an attorney accredited by the United States Department of Veterans Affairs under
3.15Code of Federal Regulations, title 38, section 14.629.
3.16    Subd. 3. Veterans benefits services disclosure requirements. A person who provides
3.17veterans benefits services in exchange for compensation shall provide a written disclosure
3.18statement to each client or prospective client. Before a person enters into an agreement to
3.19provide veterans benefits services or accepts money or any other thing of value compensation
3.20for the provision of veterans benefits services, the person must obtain the signature of the
3.21client on a written disclosure statement containing an attestation by the client that the client
3.22has read and understands the written disclosure statement. This subdivision does not apply
3.23to an attorney accredited by the United States Department of Veterans Affairs under Code
3.24of Federal Regulations, title 38, section 14.629.
3.25    Subd. 3a. Federal accreditation; other requirements. (a) A person who provides
3.26veterans benefits services, or veterans benefits appeals services, in exchange for compensation
3.27must be accredited by the secretary of the United States Department of Veterans Affairs
3.28under United States Code, title 38, chapter 59.
3.29(b) A person may not make a referral for compensation of claimant to a provider of
3.30veterans benefits services, or veterans benefits appeals services, unless they are accredited
3.31by the secretary of the United States Department of Veterans Affairs except as permitted
3.32under United States Code, title 38, chapter 59.
3.33(c) A person subject to an accreditation requirement under paragraph (a), and who
3.34provides veterans benefits services, or veterans benefits appeals services, may charge a
4.1veteran or a family member of a veteran a fee or other form of compensation only as provided
4.2in Code of Federal Regulations, title 38, section 14.636.
4.3(d) Before providing veterans benefits services, or veterans benefits appeals services, a
4.4person must provide a veteran or a family member of a veteran a written fee agreement that
4.5complies with Code of Federal Regulations, title 38, section 14.636, memorializing all terms
4.6regarding payment of fees, and signed by both parties.
4.7(e) A person shall not engage in the practice of law where it concerns veterans, in the
4.8preparation, presentation, or prosecution for veterans benefits before the United States
4.9Department of Veterans Affairs, except if the person is a VA-accredited representative.
4.10(f) A person seeking compensation in connection with a veterans benefit service or
4.11veterans benefit appeal service must:
4.12(1) not use a veteran's personal login, username, or password information to access the
4.13veteran's medical, financial, or government benefits information; and
4.14(2) ensure that any individual who has access to a veteran's medical or financial
4.15information undergoes a background check prior to having access to that information. The
4.16background check must be conducted by a reputable source and include identity verification
4.17and a criminal records check.
4.18    Subd. 3b. Guarantee of benefits prohibited. A person providing veterans benefits
4.19services, or veterans benefits appeals services, in exchange for compensation, must not
4.20guarantee, either directly or by implication, that a veteran or a family member of a veteran
4.21is certain to receive specific federal, state, or county veterans benefits or any specific level,
4.22percentage, or amount of federal, state, or county veterans benefits.
4.23    Subd. 4. Violations; penalties. A person who fails to comply with this section is subject
4.24to a civil penalty not to exceed $1,000 for each violation. Civil penalties shall be assessed
4.25by the district court in an action initiated by the attorney general. For the purposes of
4.26computing the amount of each civil penalty, each day of a continuing violation constitutes
4.27a separate violation. Additionally, the attorney general may accept a civil penalty as
4.28determined by the attorney general in settlement of an investigation of a violation of this
4.29section regardless of whether an action has been filed under this section A violation of this
4.30section is an unlawful practice under section 325F.69. Any civil penalty recovered shall be
4.31deposited in the Support Our Troops account established under section 190.19.
5.1    Subd. 5. Nonapplicability. This section does not apply to the owner or personnel of any
5.2medium in which an advertisement appears or through which an advertisement is
5.3disseminated."
5.4Renumber the sections in sequence and correct the internal references
5.5Amend the title accordingly