South Dakota / State / 2025 Session

Ch. 133, L. 2025 (House Bill 1238) Regulated paid assistance with veterans benefit claims

Catalog reconciledEnactedProgram created

Signed

Expands benefits Requires anyone paid to help with a veterans benefit claim to sign a written agreement disclosing terms and fees.

Created 33A-2-37 to 33A-2-42. A person taking compensation to advise, assist or consult on a veterans benefits matter must sign a written agreement disclosing terms, compensation and four specific facts including that other organisations may do the same work free of charge, may not charge an initial or nonrefundable fee, may not guarantee an outcome or a level of benefit, may not be paid for a claim filed inside the one-year presumptive period after release from active duty without a signed waiver, may not use international call centres or a veteran’s own log-in credentials, and may not take a referral fee. Compensation must be contingent on an increase in the benefit awarded and may not exceed five times the monthly increase. The attorney general may impose a civil penalty of up to five thousand dollars. Accredited agents, attorneys and representatives regulated by the federal Department of Veterans Affairs are outside the chapter.

Progress

Path to law: Bill in a two-chamber legislature

  1. Introduced Done,
  2. In committee Done, House Military and Veterans Affairs
  3. Passed one chamber Done, House, 44-24
  4. Passed both chambers Done, Senate, 25-8
  5. Signed by the governor Done,
  6. In effect Done,

Sponsors

  • Tim GoodwinSponsor, Republican, House, District 30
  • Eric EmeryCo-sponsor, Democratic, House, District 26A
  • Erik MuckeyCo-sponsor, Democratic, House, District 15
  • Peri PourierCo-sponsor, Republican, House, District 27
  • Tim ReischCo-sponsor, Republican, House, District 8

What it touches

  • SDCL § 33A-2-37
  • SDCL § 33A-2-38
  • SDCL § 33A-2-39
  • SDCL § 33A-2-40
  • SDCL § 33A-2-41

Catalog entries (2)

Official record

Read Ch. 133, L. 2025 (House Bill 1238) on the jurisdiction's own record