25.0410.02003
Title.03000
Adopted by the Senate Agriculture and
Veterans Affairs Committee
Sixty-ninth
March 20, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives J. Olson, Grindberg, Klemin, Lefor, Marschall, Pyle, M. Ruby, Schauer
Senators Axtman, Bekkedahl, Cory, Roers
A BILL for an Act to create and enact a new section to chapter 37-14 of the North Dakota
Century Code, relating to compensation for veterans' benefits; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 37-14 of the North Dakota Century Code is created
and enacted as follows:
Compensation for advising on veterans' benefits prohibited - Limitations - Penalty.
1.As used in this section:
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 or appeal affecting an individual who has filed or expressed an intent
to file a claim for a benefit, program, service, commodity, function, status, or an
entitlement which is determined under the laws and regulations administered by
the United States department of veterans affairs or the United States department
of defense pertaining to a veteran, a veteran's dependent or survivor, or any
other individual eligible for such benefit.
2.A person may not:
a.Receive compensation for referring an individual to another person to advise or
assist the individual with any veterans' benefits matter.
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HOUSE BILL NO. 1169
PROPOSED AMENDMENTS TO
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b.Guarantee to an individual a specific veterans' benefit, including any level,
percentage, or amount of veterans' benefit, either directly or by implication.
c.Receive excessive or unreasonable fees as compensation for advising or
assisting an individual with a veterans' benefits matter.
3.A person seeking to receive compensation for advising or assisting an individual with a
veterans' benefits matter shall memorialize all terms regarding the individual's
payment of fees for services rendered in a written agreement.
4.A person seeking to receive compensation for advising or assisting an individual with a
veterans' benefits matter shall provide the following disclosure at the outset of the
business relationship:
This business is not sponsored by, or affiliated with, the United States department
of veterans' affairs or the state department of veterans' affairs, or any other
federally chartered veterans' service organization. Other organizations including
the state department of veterans' affairs, a local veterans' service organization,
and other federally chartered veterans' service organizations may be able to
provide you with this service free of charge. Products or services offered by this
business are not necessarily endorsed by any of these organizations. You may
qualify for other veterans' benefits beyond the benefits for which you are
receiving services here.
5.The written disclosure under subsection 4 must appear in at least twelve-point font in
an easily identifiable location in the person's agreement with the individual seeking
services. The individual shall sign the document in which the written disclosure
appears to represent an understanding of these provisions. The person offering
services shall retain a copy of the written disclosure while providing veterans' benefits
services for compensation to the individual and for at least one year after the date on
which the service relationship terminates.
6.A person seeking to receive compensation for advising or assisting a veteran in
connection with an initial claim for benefits may not:
a.Receive any compensation for any services rendered in connection with any
claim filed within a one - year presumptive period of active-duty release, unless the
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veteran acknowledges by signing a waiver that the veteran is within this period
and chooses to deny free services available to the veteran.
b.Receive compensation that is not purely contingent on an increase in benefits
awarded or which exceeds five times the amount of the monthly benefits
awarded.
c.Receive initial or nonrefundable fees.
d.Use international call centers or data centers for processing veterans' personal
information.
e.Use a veteran's personal login, username, or password information to access a
veteran's medical, financial, or government benefits information.
f.Allow an individual access to a veteran's medical or financial information until the
individual successfully completes a background check. The background check
must be conducted by a reputable source and include identity verification and a
criminal records check.
7.This section may not be construed to apply to, limit, or expand the requirements
imposed on agents, attorneys, or the representatives accredited and regulated by the
United States department of veterans ' affairs.
8. A violation of this section is an unlawful practice in violation of section 51 - 15 - 02 and
subject to a civil penalty under section 51 - 15 - 11.
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