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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: MABS DP 4-2-1-0 | 3rd Read 17-9-4-0 |
SB 1703: veterans' benefits; claims; prohibition.
Sponsor: Senator Gowan, LD 19
Committee on Federalism, Military Affairs & Elections
Overview
Prescribes rules and regulations relating to advising, consulting or assisting a person with a veterans' benefits matter and outlines enforcement options.
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).
Provisions
1. Prohibits a person from receiving compensation for referring an individual to another person to advise, consult or assist the individual with a veterans' benefits matter. (Sec. 2)
2. Allows a person to receive compensation for advising, consulting or assisting an individual with a veterans' benefits matter if they prepare a written agreement signed by all involved parties that contains:
a) terms of the agreement including the payment amount; and
b) a disclosure stating the business is not endorsed, sponsored or affiliated with specified government veterans entities and that other government entities or local veterans' organizations may be able to provide the same services free of charge. (Sec. 2)
3. Prohibits a person from charging an initial fee or nonrefundable fee for advising, consulting or assisting an individual regarding a veterans' benefits matters. (Sec. 2)
4. Requires compensation be contingent on the veteran's benefits being increased. (Sec. 2)
5. Specifies any compensation received may not be more than five times the amount of the increase of a veteran's benefits. (Sec. 2)
6. Prohibits a person from:
a) making specified guarantees about the outcomes of a veterans' benefits matter;
b) receiving compensation for services regarding a veterans' benefits matter that is filed within the one-year presumptive period of active duty release unless the individual receiving the services acknowledges they are still in the period;
c) advertising their services regarding veterans' benefits matters without the prescribed disclosure properly displayed in their advertisement;
d) employing a medical provider to conduct a secondary medical examination when advising, consulting or assisting an individual with a veterans' benefits matter;
e) using an international call or data center for processing a veteran's personal information; and
f) gaining direct access to any veteran's personal medical, financial or government benefits information. (Sec. 2)
7. States violating this measure is an unfair, false, misleading or deceptive act or practice in the conduct of trade or commerce under state laws. (Sec. 2)
8. Allows the Attorney General to bring action in a superior court against a person that violates the measure for the imposition of a civil penalty. (Sec. 2)
9. Directs civil penalties collected to be deposited in the State Homes for Veterans Trust Fund. (Sec. 2)
10. States the measure does not limit, expand or apply these requirements to agents, attorneys or other representatives who are accredited and regulated by the VA. (Sec. 2)
11. Defines compensation, person and veterans' benefits matter. (Sec. 2)
12. Makes a conforming change. (Sec. 1)
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16. SB 1703
17. Initials JH/SR Page 0 Federalism, Military Affairs & Elections
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