Bill Text: MS SB2515 | 2024 | Regular Session | Introduced
Bill Title: Veterans assistance; prohibit unethical collection of fees in veterans benefits matters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2515 Detail]
Download: Mississippi-2024-SB2515-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Veterans and Military Affairs; Judiciary, Division A
By: Senator(s) Tate
Senate Bill 2515
AN ACT TO PROHIBIT UNETHICAL CONDUCT AND IMPROPER COLLECTION OF FEES RELATING TO ASSISTANCE OR REFERRALS IN VETERANS BENEFITS MATTERS; TO PROVIDE THAT ANY PERSON WHO RECEIVES COMPENSATION FOR ASSISTING AN INDIVIDUAL REGARDING ANY VETERANS BENEFITS IS HELD TO THE SAME ETHICAL STANDARD AS AN ATTORNEY; TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL BE DEEMED A DECEPTIVE TRADE PRACTICE ACTIONABLE BY THE ATTORNEY GENERAL'S OFFICE OF CONSUMER PROTECTION; TO AMEND SECTIONS 75-24-5 AND 35-3-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For purposes of Section 1 of this act:
(a) "Compensation" means payment of any money, thing of value or financial benefit.
(b) "Veterans benefits matter" means the preparation, presentation or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function or status, to which entitlement is determined under the laws and regulations administered by the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi Department of Veterans' Affairs pertaining to veterans, their dependents or survivors, or any other individual eligible for such benefit, program, service, commodity, function or status.
(2) Except as permitted under federal law, no person shall receive compensation for preparing, presenting, prosecuting, advising, consulting or assisting any individual with regard to any veterans benefits matter before the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi Department of Veterans' Affairs.
(3) No person shall receive compensation for referring any individual to another person to prepare, present, prosecute, advise, consult or assist regarding any veterans benefits matter before the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi Department of Veterans' Affairs.
(4) Nothing in this section shall be construed to prohibit a division of fees between licensed attorneys that is otherwise proper under the Rules of Professional Conduct of The Mississippi Bar.
(5) A violation of this section shall be a deceptive trade practice under Section 75-24-5, Mississippi Code of 1972, actionable by the Mississippi Attorney General.
(6) Any person who receives compensation for preparing, presenting, prosecuting, advising, consulting or assisting an individual with regard to any veterans benefits matter before the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi Department of Veterans' Affairs shall be held to the same ethical standards as an attorney is held to in the Rules of Professional Conduct of The Mississippi Bar regarding the following areas:
(a) Advertising;
(b) Solicitation of new clients;
(c) Confidentiality;
(d) Duty of care;
(e) Duty of honesty; and
(f) Duty to zealously pursue what is in the best interest of the client.
SECTION 2. Section 75-24-5, Mississippi Code of 1972, is amended as follows:
75-24-5. (1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.
(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:
(a) Passing off goods or services as those of another;
(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;
(c) Misrepresentation of affiliation, connection, or association with, or certification by another;
(d) Misrepresentation of designations of geographic origin in connection with goods or services;
(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;
(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;
(i) Advertising goods or services with intent not to sell them as advertised;
(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;
(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;
(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy;
(n) Violating the provisions
of Section 75-24-8; * * *
(o) Violating the provisions
of Section 73-3-38 * * *;
and
(p) Violating the provisions of Section 1 of this act relating to improper collection of fees in veterans assistance matters.
SECTION 3. Section 35-3-21, Mississippi Code of 1972, is amended as follows:
35-3-21. In order to maintain offices and pay personnel for the purpose of assisting all residents of the State of Mississippi who served in the military or naval forces of the United States during any war, their relatives, beneficiaries or dependents, to receive from the United States any and all compensation, hospitalization, insurance or other aid or benefits to which they may be entitled under existing or hereafter enacted laws of the United States, the boards of supervisors in the various counties in the state are hereby authorized and empowered, in their discretion, to expend out of the general county fund, or special veterans' fund herein authorized to be set up, or from both of such funds, such monies necessary to defray the office operating expenses and salary of the county veteran service officers.
Two (2) or more counties may, upon resolution duly adopted by the board of supervisors of each of such counties, agree to establish one (1) veteran service office for all of such counties. When two (2) or more counties enter into such an agreement, each county shall pay such amount mutually agreed upon and duly adopted by resolution of the respective boards of supervisors.
County veteran service officers shall be (a) honorably discharged or honorably released veterans; (b) the surviving spouse or child of any such veteran, living or deceased; or (c) any person employed as a county veteran service officer in any county of this state on March 30, 1990. From and after July 1, 1990, county veteran service officers shall be certified by the Mississippi State Veterans Affairs Board which, among any other criteria it may establish, shall require such officers to (a) attend one (1) of the annual training programs provided for such officers by the Mississippi State Veterans Affairs Board, (b) successfully complete a written examination each year on the duties and responsibilities of and assistance available to such officers and veterans, (c) have certification and be accredited according to 38 CFR Section 14.629 administered by the Mississippi State Veterans Affairs Board, and (d) follow the rules and regulations promulgated by the Mississippi State Veterans Affairs Board. County veteran service officers who annually receive and complete such instruction in a manner satisfactory to the Veterans Affairs Board and in accordance with this section shall be certified by the board. No county veteran service officer shall be entitled to receive any compensation for his services, to which he is otherwise entitled by law, unless he is annually certified by the board. Persons who cannot meet the accreditation standards of hours worked for county veteran service officers may be certified by the Mississippi State Veterans Affairs Board as Veterans Resource Advisors and be entitled to receive any compensation for his services as authorized by law.
County veteran service officers may be employed, in the discretion of the boards of supervisors, either full time or part time.
County veteran service officers shall be authorized and empowered to act for a veteran under a written power of attorney authorized by the veteran for the purpose of assisting with claims, benefits, and appeals in an administrative hearing before the United States Department of Veterans Affairs and any of its boards or departments, and shall be immune from legal action only for such actions except in cases of abuse, fraud or breach of fiduciary duty. County veteran service officers are exempt from the provisions of Section 1 of this act relating to improper collection of fees in veterans benefits matters.
The boards of supervisors of the various counties are authorized and directed to provide necessary office space and communications connectivity for county veteran service officers.
The boards of supervisors of the various counties are further authorized and empowered to pay all necessary and actual expenses of county veteran service officers who attend a school of instruction within the State of Mississippi for such county veteran service officers.
It shall also be the duty of the boards of supervisors to aid the United States to defeat all unjust claims for aid or benefit therefrom.
Such expenditures may be made by the several counties acting alone, or in cooperation with other counties, and in cooperation with any federal or state agency carrying out such purposes.
In the event that the general revenues of the county levied under and within the limits of existing taxing statutes are not sufficient to pay the expenses authorized herein, the board of supervisors may, in its discretion, levy an additional tax not to exceed one (1) mill on all taxable property in the county to defray such expenses or any part thereof. Any tax levy made under authority of this chapter shall not be considered in refunding homestead exemption losses under Title 27, Chapter 33, Mississippi Code of 1972.
SECTION 4. This act shall take effect and be in force from and after July 1, 2024.
