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House Engrossed
advising; veterans' benefits; requirements |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2842 |
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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; notification; accreditation; enforcement; definitions
A. A person may not receive compensation directly from an individual regarding a veterans' benefits matter unless the person is accredited by the united states department of veterans affairs for any of the following:
1. Advising, consulting or assisting the individual regarding a veterans' benefits matter before the department of veterans' services or the United States department of veterans affairs.
2. Referring the individual to another person to prepare, present or prosecute a claim or to advise, consult or assist the individual with a veterans' benefits matter before the department of veterans' services or the United States department of veterans affairs, including consulting with the INDIVIDUAL about eligibility for veterans' benefits and advising an INDIVIDUAL about potential claims or benefits to which the INDIVIDUAL may be entitled.
B. Before a person advises, consults or ASSISTs an INDIVIDUAL regarding a veterans' BENEFITS matter, the person shall notify the INDIVIDUAL VERBALLY and in writing of the free services available through the various veterans' service organizations that assist with filing benefits claims.
C. A BUSINESS THAT ENGAGES IN PREPARING A BENEFITS CLAIM MAY NOT do either of the FOLLOWING:
1. GUARANTEE, EITHER DIRECTLY OR INDIRECTLY, A SUCCESSFUL OUTCOME OR THAT ANY INDIVIDUAL will RECEIVE SPECIFIC VETERANS' BENEFITS OR ANY SPECIFIC LEVEL, PERCENTAGE OR AMOUNT OF VETERANS' BENEFITS.
2. receive excessive or unreasonable fees as compensation for providing services to the INDIVIDUAL.
D. THE department of veterans' services shall post in a visible and prominent section on the home page of its website all free services that the department of veterans' services offers to INDIVIDUALS who want to file any benefits claims pursuant to this section.
E. This section does not prohibit a division of fees between attorneys that is otherwise proper pursuant to the rules of professional conduct adopted by the Arizona supreme court.
F. This section does not supersede any federal law or regulation.
G. The attorney general shall enforce this section pursuant to title 44, chapter 10, article 7.
H. For the purposes of this section:
1. "COMPENSATION" MEANS ANY MONEY, THING OF VALUE OR ECONOMIC BENEFIT CONFERRED ON, OR RECEIVED BY, ANY PERSON IN RETURN FOR SERVICES RENDERED, OR TO BE RENDERED, BY ANOTHER PERSON.
2. "PERSON" MEANS ANY NATURAL PERSON, 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.