HF1855 (Legislative Session 94 (2025-2026))

Veterans benefit services federal accreditation required, service providers guarantees of benefits prohibited, and remedies and civil penalties provided.

Related bill: SF1894

AI Generated Summary

This Minnesota bill (H.F. No. 1855) seeks to regulate veterans benefits service providers by requiring federal accreditation, prohibiting misleading guarantees, and enforcing consumer protection measures. The bill amends Minnesota Statutes 2024, section 197.6091, and establishes the following key provisions:

  1. Mandatory Accreditation: Individuals or entities providing veterans benefits services for compensation must be accredited by the U.S. Department of Veterans Affairs under federal law (38 U.S.C. Chapter 59). This requirement also extends to those who refer clients for compensation.

  2. Fee Agreements: Any person providing veterans benefits services must adhere to federal regulations regarding fees (38 C.F.R. § 14.636) and provide a written fee agreement before performing services.

  3. Advertising and Disclosure Requirements:

    • Advertisements for veterans benefits appeal services must clearly disclose that free services are available through county veterans service officers (as per Minnesota law).
    • Providers must give clients a written disclosure statement before any agreement is signed, and the client must acknowledge understanding it.
  4. Prohibition Against Guarantees: Providers cannot explicitly or implicitly guarantee that clients will receive specific veterans benefits, including a particular percentage or amount.

  5. Penalties and Enforcement:

    • Violators are subject to a civil penalty of up to $1,000 per offense, enforceable by the district court.
    • Each day of a continuing violation counts as a separate offense.
    • The Minnesota Attorney General can pursue legal actions and settlements for violations under the state's consumer fraud laws (section 325F.69).
    • Penalties collected will be deposited into the “Support Our Troops” account.
  6. Exemptions: The law does not apply to media owners or personnel responsible for publishing advertisements.

This bill aims to protect veterans and their families from fraudulent or misleading services by enforcing transparency, ensuring provider qualifications, and imposing civil penalties for violations.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 02, 2025HouseFloorActionIntroduction and first reading, referred toVeterans and Military Affairs Division
March 04, 2025HouseFloorActionAuthor added
March 12, 2025HouseFloorActionAuthors added
March 19, 2025HouseFloorActionCommittee report, to adopt and re-refer toJudiciary Finance and Civil Law
March 19, 2025HouseFloorActionAuthors added
March 25, 2025HouseFloorActionAuthor added
April 02, 2025HouseFloorActionAuthor added
April 02, 2025HouseFloorActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "Subsection requiring federal accreditation of veterans benefit service providers.",
        "Subsection that prohibits guarantee of veterans benefits by service providers."
      ],
      "removed": [],
      "summary": "This bill proposes amendments to veterans benefit services regulations under section 197.6091, including federal accreditation requirements.",
      "modified": [
        "Clarifies disclosure and advertising requirements for veterans benefit services."
      ]
    },
    "citation": "197.6091"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references section 196.05 for the definition and requirement of a written disclosure statement by the commissioner of veterans affairs.",
      "modified": []
    },
    "citation": "196.05"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References to section 197.603 highlight free veterans benefits appeal services offered by county veterans service officers.",
      "modified": []
    },
    "citation": "197.603"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section 197.604 is referenced for free veterans benefits appeal services provided by county veterans service officers.",
      "modified": []
    },
    "citation": "197.604"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Violation of section 197.6091 is considered an unlawful practice under section 325F.69.",
      "modified": []
    },
    "citation": "325F.69"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section refers to remedies provided for unlawful practices, applicable to violations of this bill.",
      "modified": []
    },
    "citation": "325F.70"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Civil penalties recovered under this section are directed to the Support Our Troops account established under section 190.19.",
      "modified": []
    },
    "citation": "190.19"
  }
]