Bill Text: MI HB5015 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Consumer protection; unfair trade practices; disclosure requirement for certain veterans' benefit services; establish. Amends sec. 3 of 1976 PA 331 (MCL 445.903) & adds sec. 3l.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-11-28 - Referred To Committee On Veterans, Military Affairs And Homeland Security [HB5015 Detail]

Download: Michigan-2017-HB5015-Engrossed.html

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HB-5015, As Passed House, November 9, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5015

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 331, entitled

 

"Michigan consumer protection act,"

 

(MCL 445.901 to 445.922) by adding section 3l.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3l. (1) An individual who is engaged in trade or commerce

 

shall not do any of the following in connection with providing or

 

offering to provide a veterans' benefit service to a veteran or a

 

family member of a veteran:

 

     (a) When meeting with the veteran or family member, fail to

 

provide written notice to the veteran or family member of all of

 

the following:

 

     (i) That the individual is not affiliated with a veterans'

 

agency or organization.

 

     (ii) That the veterans' benefit service is available free of

charge from a veterans' agency or organization, if applicable.

 

     (iii) That the veteran may qualify for benefits other than or

 

in addition to the benefits the veteran or family member may obtain

 

if the individual is engaged to provide the veterans' benefit

 

service.

 

     (iv) That receipt of a certain level of veterans benefits is

 

not guaranteed if the individual is engaged to provide the

 

veterans' benefit service.

 

     (b) When meeting with the veteran or family member, fail to

 

verbally review the written notice required under subdivision (a)

 

with the veteran or family member.

 

     (2) All of the following apply to the notice required under

 

subsection (1):

 

     (a) The written notice must be in the same type size and font

 

as the term "veteran" or any variation of that term used by the

 

individual in any advertisement or promotional materials published

 

by the individual in connection with his or her business.

 

     (b) The individual must provide the written and verbal notice

 

at the beginning of the meeting with the veteran or family member

 

of a veteran and may request that the veteran or family member sign

 

a form acknowledging that he or she received and understands the

 

contents of the notice.

 

     (3) This section does not apply to any of the following:

 

     (a) An individual who is an officer, employee, or volunteer of

 

this state, of any county, city, or other political subdivision of

 

this state, or of a federal agency of the United States and is

 

acting in his or her official capacity.

     (b) An individual who has written permission from a veterans'

 

agency or organization to provide or offer to provide the veterans'

 

benefit service on its behalf and presents that written permission

 

to the veteran or family member when he or she meets with a veteran

 

or family member of a veteran to discuss the veterans' benefit

 

service.

 

     (4) As used in this section:

 

     (a) "Veterans' agency or organization" means the United States

 

Department of Veterans Affairs, the department of military and

 

veterans affairs, the Michigan veterans affairs agency, or any

 

other congressionally chartered or recognized organization of

 

honorably discharged members of the Armed Forces of the United

 

States or auxiliary of that organization.

 

     (b) "Veterans' benefit service" means any of the following:

 

     (i) The preparation, presentation, or prosecution of a claim

 

affecting an individual who has filed or has expressed an intention

 

to file an application for veteran, dependent, or survivor pension

 

or medical benefits under laws administered by the United States

 

Department of Veterans Affairs or the department of military and

 

veterans affairs pertaining to veterans, dependents, and survivors.

 

     (ii) Advice or representation concerning the preparation,

 

presentation, or prosecution of a claim described in subparagraph

 

(i).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4918 of the 99th Legislature is enacted into

law.