ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: DP GOV 7-0-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2842: advising; veterans' benefits; requirements

Sponsor: Representative Travers, LD 12

Caucus & COW

Overview

Details restrictions for receiving compensation for advisement in a veterans' benefits matter and specifies instructions for relevant persons and entities involved in this process.

History

The United States Department of Veterans Affairs (VA) is responsible for the creation, maintenance and oversight of various veterans' benefit programs that focus on the transition between active duty and civilian life.  The Arizona Department of Veterans Services (ADVS) provides services to connect veterans to several state and federally funded programs.  ADVS is responsible for connecting approximately 500,000 veterans with $400,000,000 in compensation, pension, grants and educational and medical benefits.  In addition they publish an Arizona Veterans' Benefits Guide that outlines available benefits to veterans, where to find these benefits and other relevant information (VA Website, ADVS Website, AZ Veterans' Benefits Guide).

The State Bar of Arizona has published rules of professional conduct that were adopted by the Arizona Supreme Court.  These rules dictate guidelines for how an attorney should practice law and specifies that a lawyer may not charge unreasonable fees, defined by the amount of labor required, customary fees and other factors (AZ State Bar).

Provisions

1.   Prohibits persons from receiving compensation directly from an individual regarding a veterans' benefits matter unless the person is accredited by the VA for:

a)   advising, consulting or assisting an individual regarding a veterans' benefits matter before the ADVS or VA; or

b)   referring an individual to another person to prepare, present or prosecute a claim or advise, consult or assist with a veteran's benefits matter before the ADVS or VA. (Sec. 1)

2.   Requires a person who advises, consults or assists an individual regarding a veterans' benefits matter to notify the individual of the free services available to them through veterans' service organizations. (Sec. 1)

3.   Prohibits a business engaged in the preparation of a benefits claim from:

a)   guaranteeing a successful outcome or that an individual will receive specific veterans' benefits or a specific level, percentage or amount of benefits; and

b)   receiving excessive or unreasonable compensation for providing services. (Sec. 1)

4.   Instructs ADVS to post on their website all free services that ADVS offers to individuals intending to file a benefits claim. (Sec. 1)

5.   Specifies that these provisions do not prohibit a division of fees between attorneys that are in accordance with the rules of professional conduct. (Sec. 1)

6.   States these provisions do not supersede any federal law or regulation. (Sec. 1)

7.   Requires enforcement of the above provisions by the Attorney General of Arizona. (Sec. 1)

8.   Defines compensation, person and veterans' benefits matter. (Sec. 1)

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12.                    HB 2842

13.  Initials JH/SR     Page 0 Caucus & COW

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