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SB1803 - 572R - S Ver
Senate Engrossed
veterans' benefits;
claims; prohibition
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1803
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:
START_STATUTE
41-610.03.
Veterans' benefits; claims; prohibition; compensation;
disclosure; enforcement; applicability; definitions
A. a person may not act as an agent
or an attorney in PREPARing, presenting or prosecuting any veterans' benefits
matter unless the person is recognized for such purposes by the united states
department of veterans affairs.
B. A person that is not acting as an
agent or attorney may only receive compensation for advising, consulting,
guiding, coaching or training an individual for an initial claim, supplemental
claim or higher level review. A person that is not accredited and
receives compensation pursuant to this section shall file a copy of any
standard fee agreement or service contract with the attorney general's office.
Any fee agreement or service contract that deviates from the standard fee agreement
or service contract previously filed with the attorney general's office must
also be filed with the attorney general's office.
C. A person THAT IS NOT ACTING AS AN
AGENT OR ATTORNEY may not receive compensation for Referring an INDIVIDUAL to
another person to advise, consult, assist, guide, coach or train the INDIVIDUAL
regarding a veterans' benefits matter.
D. Before receiving compensation
pursuant to subsection B of this section, the person shall prepare a written
agreement that is signed by all the parties involved and that contains the
following:
1. The terms of the agreement,
including the fee structure for the services being provided.
2. A provision allowing for a three-day
period in which the individual receiving the services may cancel the agreement
without a financial penalty. The three-day period expires on the third
day at midnight after the contract is signed by all the parties.
3. The following disclosure in twelve-point
font placed in a readily NOTICEABLE and easily identifiable place in the
written agreement:
THIS BUSINESS IS not accredited by the united
states department of veterans affairs and cannot assist with an appeal to the
board of veterans' appeals. This business is NOT SPONSORED BY,
ENDORSED BY OR AFFILIATED WITH THE Arizona DEPARTMENT OF VETERANS' SERVICES OR
the UNITED STATES DEPARTMENT OF VETERANS AFFAIRS or any other federally
chartered veterans' service organization. THE Arizona DEPARTMENT OF
VETERANS' SERVICES, the UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, a local
veterans' service organization or a federally chartered veterans' service
organization MAY BE ABLE TO PROVIDE YOU WITH THIS SERVICE FREE OF CHARgE.
E. A person RECEIVING COMPENSATION
PURSUANT TO SUBSECTION B OF THIS SECTION shall always act in the INDIVIDUAL'S
best interest.
F. A person RECEIVING COMPENSATION
PURSUANT TO SUBSECTION B OF THIS SECTION may not do any of the following:
1. guarantee, to an INDIVIDUAL the
person is advising, CONSULTING, assisting, guidinG, COACHING OR TRAINING
regarding a veterans' benefits matter, that the INDIVIDUAL will receive a
specific veterans' benefit or a specific level, percentage or amount of
VETERANS' benefits.
2. Use predatory advertising
practices, including guaranteeing a successful outcome or an increase in
veterans' benefits.
3. employ a medical provider to
conduct a medical examination.
4. Use an international call center
or data center for processing a VETERAN'S personal information.
5. gain direct access to any
veteran's personal medical, financial or government benefits information.
6. Charge an up-front fee or a
nonrefundable fee for advising, consulting, assisting, guiding, coaching or
training an individual regarding a veterans' benefits matter. Any compensation
received pursuant to this section shall be contingent on the veteran's benefits
being increased. Compensation is capped at a onetime fee that is not more than
five times the monthly amount of the veteran's increase in benefits.
7. Contact the united states
department of veterans affairs
By impersonating the
individual or an accredited representative or by initiating contact with the
united states department of veterans affairs while falsely representing that
the person has authority to act on behalf of the individual.
8. Submit paperwork, forms, evidence
or any documentation to the united states department of veterans affairs or to
any governmental entity on behalf of the individual.
9. Receive, hold or exercise a power
of attorney to act on behalf of the individual in connection with a veterans'
benefits matter.
10. Represent or purport to represent
the individual in any communication, negotiation, hearing, review or proceeding
before the united states department of veterans affairs or any governmental
entity.
G. A violation of this section
constitutes an unlawful practice under section 44-1522. The attorney general
may investigate and take any appropriate action pursuant to title 44, chapter
10, article 7.
H. An individual who has contracted
with a person that operates pursuant to this section has a cause of action
against the person if the person fails to comply with this section.
I. this section does not apply to,
limit or expand the requirements imposed on agents, attorneys or other
representatives who are accredited and regulated by the United States
Department of Veterans Affairs.
J. For
the purposes of this section:
1. "Compensation"
means any money, item of value or economic benefit conferred on or received by
an INDIVIDUAL in return for services provided by a person.
2. "Higher level review"
means the de novo review of a claim that is reexamined by a higher level
reviewer.
3. "Initial claim" has the
same meaning PRESCRIBED in 38 code of federal REGULATIONS section 3.1.
4. "
Person"
includes any corporation, trust, partnership, INCORPORATED or UNINCORPORATED
association or other legal entity.
5. "Supplemental claim" has
the same meaning PRESCRIBED in 38 code of federal regulations section 3.1.
6. "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.
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