Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1308 Comm Sub / Analysis

Filed 02/12/2024

                    Assigned to MAPS 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, Second Regular Session 
 
FACT SHEET FOR S.B. 1308 
 
veterans' benefits' claims; prohibitions 
Purpose 
Prohibits a person from receiving compensation for outlined activities relating to veterans' 
benefits matters before the Arizona Department of Veterans' Services (ADVS) or the U.S. 
Department of Veterans Affairs (U.S. VA).  
Background 
ADVS duties include: 1) assisting veterans and their families and dependents in presenting, 
providing and establishing claims, privileges, rights and benefits they may have under federal, 
state or local law; 2) cooperating with all government and private agencies receiving services for 
or benefits to veterans and their families and dependents; 3)  entering into agreements with 
veterans' organizations in Arizona holding a charter granted by the U.S. Congress for the beneficial 
interest of veterans; 4) evaluating, programs offered by educational institutions and training 
establishments pursuant to federal and state law, so that veterans and their dependents may draw 
the educational allowance provided by federal law while pursuing approved programs; and 5) 
establishing an application process for the Arizona gold star military medal, verifying the 
eligibility of recipients and, if funding is available, awarding the Arizona gold star military medal 
to an eligible individual (A.R.S. ยง 41-603). 
The U.S. VA is an agency of the federal government that provides benefits, health care and 
cemetery services to military veterans. The Veterans Benefits Administration within the U.S. VA 
is responsible for initial veteran registration, eligibility determination and administration of non-
medical benefits, including home loan guarantees, insurance, vocational training, education and 
pension compensation. Veterans' service organizations are sometimes used to assist with 
applications for veterans benefits and appeals, and the U.S. VA maintains a directory of recognized 
veterans' service organizations (U.S. VA). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Prohibits a person from receiving compensation for: 
a) preparing, presenting or prosecuting a claim for an individual regarding a veterans' benefits 
matter before ADVS or the U.S. VA; 
b) advising, consulting or assisting an individual regarding a veterans' benefits matter before 
ADVS or the U.S. VA; or 
c) referring an individual to another person to prepare, present or prosecute a claim or to 
advise, consult or assist an individual with a veterans' benefits matter before ADVS or the 
U.S. VA.  FACT SHEET 
S.B. 1308 
Page 2 
 
 
2. States that a division of fees between attorneys that is otherwise proper pursuant to the Rules 
of Professional Conduct adopted by the Arizona Supreme Court (Supreme Court) is not 
prohibited. 
3. Requires a person who violates this prohibition to be held to the same ethical standards to 
which an attorney is held pursuant to the Rules of Professional Conduct adopted by the 
Supreme Court regarding: 
a) advertising; 
b) solicitation of new clients; 
c) confidentiality; 
d) duty of care; 
e) duty of honesty; and 
f) duty to zealously pursue what is in the best interest of the attorney's client. 
4. Defines veterans' benefits matter as any benefit, program , service, commodity, function of 
status the entitlement to which is determined by ADVS or the U.S. VA pertaining to veterans, 
their dependents, their survivors and any other individual eligible for such benefits. 
5. Becomes effective on the general effective date. 
Prepared by Senate Research 
February 12, 2024 
ZD/cs