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Senate Engrossed
veterans' benefits; claims; prohibition |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1308 |
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An Act
amending title 41, chapter 3, article 7, Arizona Revised Statutes, by adding section 41-610.03; relating to the department of veterans' services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 3, article 7, Arizona Revised Statutes, is amended by adding section 41-610.03, to read:
41-610.03. Veterans' benefits; claims; prohibition; exception; definitions
A. Except as provided pursuant to this section, A person may not receive compensation for any of the following:
1. Advising, consulting or assisting an individual regarding a veterans' benefits matter before the department of veterans' services or the United States department of veterans affairs.
2. Referring an INDIVIDUAL to another person to advise, consult or assist the INDIVIDUAL regarding a veterans' benefits matter.
B. A person may receive COMPENSATION for advising, consulting or assisting an INDIVIDUAL regarding a veterans' benefits matter if, before providing any services to the INDIVIDUAL, the person prepares a written agreement that is signed by all the parties involved and that contains the following:
1. The terms of the agreement, including the payment amount for the services being provided.
2. The following disclosure in twelve-point font placed in a readily NOTICEABLE and easily identifiable place in the written agreement:
THIS BUSINESS IS NOT SPONSORED BY, ENDORSED BY OR AFFILIATED WITH THE Arizona DEPARTMENT OF VETERANS' SERVICES OR the UNITED STATES DEPARTMENT OF VETERANS AFFAIRS or any other federally chartered veterans' service organization. THE Arizona DEPARTMENT OF VETERANS' SERVICES, the UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, local veterans' service organizations or other federally chartered veterans' service organizations MAY BE ABLE TO PROVIDE YOU WITH THIS SERVICE FREE OF CHARgE.
C. A person may not charge an INITIAL fee or a nonrefundable fee for advising, consulting or ASSISTING an INDIVIDUAL regarding a veterans' BENEFITS matter. Any compensation received pursuant to this section shall be contingent on the VETERAN's benefits being increased. COMPENSATION may not be more than five times the amount of the veteran's increase in benefits.
D. A person may not do any of the following:
1. guarantee, to an INDIVIDUAL the person is advising, CONSULTING or assisting regarding a veterans' benefits matter, that the INDIVIDUAL will receive a specific veterans' benefit or a specific level, percentage or amount of VETERANS' benefits.
2. receive excessive or unreasonable fees as compensation for advising, consulting or assisting an INDIVIDUAL regarding a veterans' benefits matter.
3. receive compensation for any services provided regarding a veterans' benefits matter that is filed within the one-year presumptive period of active duty release, unless the INDIVIDUAL acknowledges in writing before any services are provided that the INDIVIDUAL is still within the one-year presumptive period of active duty release.
4. Advertise services regarding VETERANS' benefits matters without including the disclosure prescribed in subsection b, paragraph 2 of this section. If the advertisement is printed, the DISCLOSURE shall be PLACED IN A READILY NOTICEABLE AND EASILY IDENTIFIABLE area on the advertisement. If the ADVERTISEMENT is verbal, the DISCLOSURE shall be stated clearly.
5. use a medical professional with which the person has a business relationship to perform a medical examination when advising, consulting or assisting an INDIVIDUAL regarding a veterans' benefits matter.
6. Use an international call center or data center for processing a VETERAN'S personal information.
7. gain direct access to any veteran's personal medical, financial or government benefits information.
E. A violation of this section is an unfair, false, misleading or deceptive act or practice in the conduct of trade or commerce under the laws of this state.
f. For the purposes of this section:
1. "Compensation" means any money, item of value or economic benefit conferred on or received by an INDIVIDUAL in return for services provided by a person.
2. "Person" includes any corporation, trust, partnership, INCORPORATED or UNINCORPORATED association, or any other legal entity.
3. "veterans' benefits matter" means any benefit, program, service, commodity, function or status the entitlement to which is determined by the department of veterans' services or the United States department of veterans affairs pertaining to veterans, their dependents, their survivors and any other individual eligible for such benefits.