MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Veterans and Military Affairs; Judiciary, Division A
By: Senator(s) Tate
AN ACT TO AMEND SECTION 35-1-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE VETERANS AFFAIRS BOARD SHALL HAVE 30 DAYS' WRITTEN NOTICE TO PROCESS A VETERAN'S CLAIM THROUGH POWER OF ATTORNEY; 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, 75-24-15 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. Section 35-1-7, Mississippi Code of 1972, is amended as follows:
35-1-7. (1) The duties of the State Veterans Affairs Board shall be to assist former and present members of the Armed Forces of the United States, and their dependents, in securing any benefits or privileges under any federal or state law or regulation to which they are entitled and to advise the Governor and Legislature on veterans affairs. Moreover, veterans or their dependents shall be given their choice of organizations to represent them in instances where a case is appealed, and the board shall lend its full cooperation in connection therewith.
(2) The board and its employees shall cooperate fully with all congressionally chartered veterans organizations within the state, including servicing the power of attorney of the congressionally chartered veterans organizations upon the request of the organizations to the State Veterans Affairs Board in the prosecution of all claims on behalf of veterans. However, all powers of attorney to the State Veterans Affairs Board shall be processed first, and thereafter, powers of attorney shall be processed for veterans organizations in the ratio that the membership of the organization bears to the total number of veterans residing in Mississippi. The State Veterans Affairs Board shall have thirty (30) days' written notice in order to process a claim through a Power of Attorney. If the appeal time is less than thirty (30) days, the State Veterans Affairs Board may only advise the veteran with the claim.
(3) The State Veterans Affairs Board is designated as the "state approving agency" for the State of Mississippi. It shall be the duty of the State Veterans Affairs Board to inspect, approve and supervise schools, institutions and establishments for war orphan and veteran training as provided in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts passed by the Congress of the United States for the purpose of education and training of war orphans or former and present members of the Armed Forces of the United States. The State Veterans Affairs Board is authorized to employ the needed personnel to perform the duties as outlined in Section 1771, Chapter 35, Title 38, United States Code, and in any subsequent acts as enacted by the Congress of the United States, and to enter into contract with the Department of Veterans Affairs for salary and travel reimbursement for personnel employed for this purpose.
(4) The State Veterans Affairs Board shall operate all Mississippi state veterans homes when established as authorized by Sections 35-1-19 through 35-1-29.
(5) The powers of the State Veterans Affairs Board in relation to operating the State Veterans Homes shall specifically include, but not be limited to, the following authority:
(a) To expend, upon appropriation by the Legislature, any revenue generated by the State Veterans Homes in support of the State Veterans Homes;
(b) To enter into loan or scholarship agreements with employees or students to provide educational assistance where such student or employee agrees to work for a stipulated period of time for the board. Under this agreement the employee will agree to commit to up to three (3) years but no less than one (1) year, to be determined by the employment position and the amount of student debt; provided, however, no State General Fund monies shall be used for such purposes and the majority of funds for such purposes shall be provided through programs established by the Mississippi Department of Health, the United States Department of Health and Human Services, and the United States Department of Veterans Affairs; and
(c) To sell or otherwise dispose of any chattel property of the State Veterans Affairs Board used in operation of the State Veterans Homes where such disposition is consistent with the homes' purposes or where such property is deemed by the board or its designee to be surplus or otherwise unneeded. The State Veterans Affairs Board shall develop and submit an annual report to the Legislature on any such sale or disposition and shall ensure that the proceeds shall be used to defray the operation of the State Veterans Homes.
(6) The State Veterans Affairs Board is authorized to adopt such policies and to prescribe such rules and regulations as it may deem necessary for the proper administration of this chapter. However, such policies and regulations shall not be in conflict with any of the provisions of this chapter.
SECTION 2. (1) For purposes of Section 2 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.
(7) Any person preparing or assisting any individual with regard to any veteran's benefits shall comply with the provisions of Section 75-24-15(5) relating to claims filed on behalf of veterans.
SECTION 3. 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 2 of this act relating to improper collection of fees in veterans assistance matters.
SECTION 4. Section 75-24-15, Mississippi Code of 1972, is amended as follows:
75-24-15. (1) In addition to all other statutory and common law rights, remedies and defenses, any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by the seller, lessor, manufacturer or producer of a method, act or practice prohibited by Section 75-24-5 may bring an action at law in the court having jurisdiction in the county in which the seller, lessor, manufacturer or producer resides, or has his principal place of business or, where the act or practice prohibited by Section 75-24-5 allegedly occurred, to recover such loss of money or damages for the loss of such property, or may assert, by way of setoff or counterclaim, the fact of such loss in a proceeding against him for the recovery of the purchase price or rental, or any portion thereof, of the goods or services.
(2) In any private action brought under this chapter, the plaintiff must have first made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General.
(3) In any action or counterclaim under this section of this chapter, a prevailing defendant may recover in addition to any other relief that may be provided in this section costs and a reasonable attorney's fee, if in the opinion of the court, said action or counterclaim was frivolous or filed for the purpose of harassment or delay.
(4) Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.
(5) In any claim under this section filed on behalf of a veteran that charges the veteran a fee for the service shall include a form signed by the veteran acknowledging that "THE STATE OF MISSISSIPPI THROUGH THE MISSISSIPPI STATE VETERANS AFFAIRS BOARD OFFERS THE SAME OR SIMILAR SERVICE FREE OF CHARGE." The veteran must sign this form stating that he/she has read and understands it. The statement signed by the veteran shall be of a BOLD font at least one hundred twenty percent (120%) larger than the font of the claim document filed on behalf of the veteran. Any such claim shall also comply with the provisions of Section 2 of this act relating to claims filed on behalf of veterans.
SECTION 5. 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 2 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 6. This act shall take effect and be in force from and after July 1, 2024.