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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: MABS DPA 5-2-0-0 | Third Read 20-9-1-0 |
SB 1803: veterans' benefits; claims; prohibition
Sponsor: Senator Gowan, LD 19
Committee on Federalism, Military Affairs & Elections
Overview
Prohibits persons not recognized by the U.S. Department of Veterans Affairs from preparing, presenting or prosecuting veterans' benefits matters. Regulates persons assisting an individual with veterans' benefits and limits compensation that may be received for such assistance.
History
Laws 1999, Chapter 164 established ADVS as a separate entity responsible for providing and
establishing claims, privileges, rights and benefits that veterans', their families and dependents may have under federal, state or local law. ADVS publishes an Arizona Veterans'
Benefits Guide that outlines available benefits to veterans, where to find these benefits and
other relevant information (ADVS)(AZ Veterans' Benefits Guide).
State and federal benefits provided to veteran claimants are initiated by Veteran Benefits Counselors (VBCs), who are accredited by the U.S. Department of Veterans' Affairs (VA) and currently located at 31 different agencies and veteran service offices across Arizona. VBCs also support claimants by: 1) educating them on eligibility requirements; 2) representing them at VA hearings; 3) referring them to other agencies for potential benefits; and 4) filing
compensation, pension and survivor's benefits applications (ADVS-VBCs).
The 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 (VA).
Provisions
1. Prohibits a person from acting as an agent or an attorney in preparing, presenting or prosecuting any veterans' benefits matter unless the person is recognized for such purposes by VA. (Sec. 1)
2. Allows a person that is not acting as an agent or attorney to only receive compensation for advising, consulting, guiding, coaching or training an individual for an initial or supplemental claim or higher level review. (Sec. 1)
3. Requires a person who is not accredited and receives compensation pursuant to the act to file a copy of any standard fee agreement or service contract with the Attorney General's (AG's) office. (Sec. 1)
4. Requires any fee agreement or service contract that deviates from the standard fee agreement or service contract previously filed with the AG's office to also be filed with the AG's office. (Sec. 1)
5. Prohibits a person who is not acting as an agent or attorney from receiving compensation for referring an individual to another person to advise, consult, assist, guide, coach or train the individual regarding a veterans' benefits matter. (Sec. 1)
6. Mandates that, before receiving compensation as outlined by the act, the person must prepare a written agreement that is signed by all involved parties and that contains the following:
a. the terms of the agreement, including the fee structure for the services being provided;
b. a provision allowing for a three-day period in which the individual receiving the services may cancel the agreement without a financial penalty; and
c. a disclosure in 12-point font placed in a readily noticeable and easily identifiable place in the agreement as outlined. (Sec. 1)
7. Requires a person receiving compensation pursuant to the act to always act in the individual's best interest. (Sec. 1)
8. Prohibits a person receiving compensation pursuant to the act from doing any of the following:
a. guaranteeing that an individual will receive a specific veterans' benefit or a specific level, percentage or amount of veterans' benefits;
b. using predatory advertising practices;
c. employing a medical provider to conduct a medical examination;
d. using an international call center or data center for processing a veteran's personal information;
e. gaining direct access to any veteran's personal medical, financial or government benefits information;
f. charging an up-front or nonrefundable fee, charging a fee even if the veteran's benefits are not increased or receiving compensation in an amount greater than is outlined;
g. contacting the VA by impersonating the individual or while falsely representing that the person has authority to act on behalf of the individual;
h. submitting paperwork or any documentation to the VA or any governmental entity on behalf of the individual;
i. receiving, holding or exercising a power of attorney to act on behalf of the individual in connection with a veterans' benefits matter; or
j. representing or purporting to represent the individual in any communication, hearing, review or proceeding before the VA or any governmental entity. (Sec. 1)
9. States that a violation of the act constitutes an unlawful practice. (Sec. 1)
10. Allows the AG to investigate such an unlawful practice and take any appropriate action under consumer fraud statute. (Sec. 1)
11. States that an individual who has contracted with a person who operates under the act's provisions has a cause of action against the person if the person fails to comply with the act. (Sec. 1)
12. States that the act's provisions do not apply to, limit or expand the requirements imposed on agents, attorneys or other representatives accredited and regulated by the VA. (Sec. 1)
13. Defines pertinent terms. (Sec. 1)
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17. Initials GG SB 1803
18. 3/23/2026 Page 0 Federalism, Military Affairs & Elections
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