ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: MAPS DP 7-0-0-0 | 3rd Read 16-12-0-2

SB 1308: veterans' benefits; claims; prohibition

Sponsor: Senator Rogers, LD 7

Committee on Military Affairs & Public Safety

Overview

Establishes rules for consultation on veterans' benefits matters under the Arizona Department of Veterans Services (ADVS) or the United States Department of Veterans Affairs (VA).

History

ADVS provides services to veterans through various means including: 1) the administration of professional benefits counselors located throughout the state; 2) operating skilled-nursing veterans' home facilities to provide short-term and long-term care; and 3) operating veterans' memorial cemeteries (A.R.S. § 41-603).

Provisions

1.   Prohibits, generally, receiving compensation for advising, or referring to another for advice, on veterans' benefits matters unless specific conditions are met. (Sec. 1)

2.   Requires a written agreement before advising on veterans' benefits matters, detailing the terms and including a disclosure statement about non-affiliation with ADVS or the VA and the availability of free services from these and other veterans' organizations. (Sec. 1)

3.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits charging initial or nonrefundable fees. (Sec. 1)

4.   Requires compensation for veterans' benefits matters to be contingent on the veteran's benefits being increased. (Sec. 1)

5.   Limits compensation to no more than five times the increase in benefits obtained for the veteran. (Sec. 1)

6.   Prohibits a person who advises on veterans' benefits matters from:

a)   guaranteeing specific benefits outcomes;

b)   receiving excessive or unreasonable fees;

c) advising within the one-year presumptive period of active-duty release unless the veteran first acknowledges in writing that he is within said one-year period;

d)   advertising without including specified disclosure language;

e)   using a medical professional with whom the advisor has a business relationship;

f) using an international call or data center; or

g)   gaining direct access to a veteran's personal medical, financial or government benefits information. (Sec. 1)

7.   Classifies violation of this act as an unfair, false, misleading or deceptive act in the conduct of trade under Arizona law. (Sec. 1)

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

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12.                    SB 1308

13.  Initials NM          Page 0 Military Affairs & Public Safety

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