1.1.................... moves to amend the ....... amendment (S1959A5) to S.F. No. 1959, the first
1.2unofficial engrossment, as follows:
1.3Page 1, before line 3, insert:

1.4    "Sec. .... Minnesota Statutes 2024, section 197.6091, subdivision 1, is amended to read:
1.5    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.6the meanings given.
1.7(b)(1) "Advertising" or "advertisement" means any of the following:
1.8(i) any written or printed communication made for the purpose of soliciting business for
1.9veterans benefits services, or veterans benefits appeal services, including but not limited to
1.10a brochure, letter, pamphlet, newspaper, telephone listing, periodical, or other writing;
1.11(ii) any directory listing caused or permitted by a person and made available by that
1.12person indicating that veterans benefits services, or veterans benefits appeal services are
1.13being offered; or
1.14(iii) any radio, television, computer network, or similar airwave or electronic transmission
1.15that solicits business for or promotes a person offering veterans benefits services, or veterans
1.16benefits appeal services.
1.17(2) "Advertising" or "advertisement" does not include any of the following:
1.18(i) any printing or writing used on buildings, uniforms, or badges, where the purpose of
1.19the writing is for identification; or
1.20(ii) any printing or writing in a memorandum or other communication used in the ordinary
1.21course of business where the sole purpose of the writing is other than soliciting business
1.22for 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."
3.10Page 2, after line 2, insert:

3.11    "Sec. .... Minnesota Statutes 2024, section 197.6091, is amended by adding a subdivision
3.12to read:
3.13    Subd. 3b. Federal accreditation; other requirements. (a) A person who provides
3.14veterans benefits services, or veterans benefits appeals services, in exchange for compensation
3.15must be accredited by the secretary of the United States Department of Veterans Affairs
3.16under United States Code, title 38, chapter 59.
3.17(b) A person may not make a referral for compensation of claimant to a provider of
3.18veterans benefits services, or veterans benefits appeals services, unless they are accredited
3.19by the secretary of the United States Department of Veterans Affairs except as permitted
3.20under United States Code, title 38, chapter 59.
3.21(c) A person subject to an accreditation requirement under paragraph (a), and who
3.22provides veterans benefits services, or veterans benefits appeals services, may charge a
3.23veteran or a family member of a veteran a fee or other form of compensation only as provided
3.24in Code of Federal Regulations, title 38, section 14.636.
3.25(d) Before providing veterans benefits services, or veterans benefits appeals services, a
3.26person must provide a veteran or a family member of a veteran a written fee agreement that
3.27complies with Code of Federal Regulations, title 38, section 14.636, memorializing all terms
3.28regarding payment of fees, and signed by both parties.
3.29(e) A person shall not engage in the practice of law where it concerns veterans, in the
3.30preparation, presentation, or prosecution for veterans benefits before the United States
3.31Department of Veterans Affairs, except if the person is a VA-accredited representative.
4.1(f) A person seeking compensation in connection with a veterans benefit service or
4.2veterans benefit appeal service must:
4.3(1) not use a veteran's personal login, username, or password information to access the
4.4veteran's medical, financial, or government benefits information; and
4.5(2) ensure that any individual who has access to a veteran's medical or financial
4.6information undergoes a background check prior to having access to that information. The
4.7background check must be conducted by a reputable source and include identity verification
4.8and a criminal records check.

4.9    Sec. .... Minnesota Statutes 2024, section 197.6091, is amended by adding a subdivision
4.10to read:
4.11    Subd. 3c. Guarantee of benefits prohibited. A person providing veterans benefits
4.12services, or veterans benefits appeals services, in exchange for compensation, must not
4.13guarantee, either directly or by implication, that a veteran or a family member of a veteran
4.14is certain to receive specific federal, state, or county veterans benefits or any specific level,
4.15percentage, or amount of federal, state, or county veterans benefits."
4.16Renumber the sections in sequence and correct the internal references