An Act to modify provisions pertaining to improper collection of fees relating to assistance or referrals in a veterans benefits matter.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 33A-2:

Except as permitted under federal law, a person may not receive any money, thing of value, or financial benefit for preparing, presenting, prosecuting, advising, consulting, or assisting any individual with regard to a veterans benefits matter before the United States Department of Veterans Affairs, the United States Department of Defense, or the South Dakota Department of Veterans Affairs.

A person may not receive any money, thing of value, or financial benefit 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 South Dakota Department of Veterans Affairs.

Nothing in this section may be construed to prohibit a division of fees between attorneys, which is otherwise proper under the laws of this state and the South Dakota Rules of Professional Conduct.

A violation of this section is a deceptive trade practice under chapter 37-24.

For the purposes of this section, "veterans benefits matter" means 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 South Dakota Department of Veterans Affairs, and pertaining to a veteran, the dependent or survivor of a veteran, or any other individual eligible for a benefit, program, service, commodity, function, or status.