S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3780

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by M. of A. JACOBS, V. LOPEZ, ORTIZ -- Multi-Sponsored by --
  M. of A. WEINSTEIN -- read once and referred to the Committee on High-
  er Education

AN ACT to amend the education law, in relation to  licensing  government
  benefits advocacy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article  154-A
to read as follows:
                              ARTICLE 154-A
                      GOVERNMENT BENEFITS ADVOCATE
SECTION 7720. INTRODUCTION.
        7721. DEFINITION.
        7722. USE OF THE TITLE "CERTIFIED GOVERNMENT BENEFITS ADVOCATE."
        7723. STATE BOARD FOR GOVERNMENT BENEFITS ADVOCACY.
        7724. REQUIREMENTS FOR CERTIFICATION.
        7725. SEPARABILITY.
  S  7720.  INTRODUCTION.  THIS  ARTICLE  APPLIES  TO  THE PROFESSION OF
GOVERNMENT BENEFITS ADVOCACY. THE GENERAL PROVISIONS FOR ALL PROFESSIONS
CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  TITLE  APPLY  TO  THIS
ARTICLE.
  S 7721. DEFINITION. THE PRACTICE OF THE PROFESSION OF GOVERNMENT BENE-
FITS ADVOCACY IS DEFINED AS ENGAGING IN THE REPRESENTATION OF GOVERNMENT
BENEFITS  RECIPIENTS  AT  FAIR HEARINGS AND APPEALS WHERE THE GOVERNMENT
BENEFITS RECIPIENT HAS HAD GOVERNMENT BENEFITS  DENIED,  TERMINATED,  OR
SUSPENDED.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL BE CONSTRUED TO
PERMIT ANY HOLDER OF A CERTIFICATION OF GOVERNMENT BENEFITS FAIR HEARING
ADVOCATE TO PRACTICE LAW OR ASSUME PARA-LEGAL STATUS.
  S 7722. USE OF THE TITLE  "CERTIFIED  GOVERNMENT  BENEFITS  ADVOCATE."
ONLY  A  PERSON CERTIFIED OR AUTHORIZED UNDER THIS ARTICLE SHALL USE THE
TITLE "CERTIFIED GOVERNMENT BENEFITS ADVOCATE."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03025-01-3
              

A. 3780                             2

  S 7723. STATE BOARD FOR GOVERNMENT BENEFITS ADVOCACY.  A  STATE  BOARD
FOR  GOVERNMENT BENEFITS FAIR HEARING ADVOCACY SHALL BE APPOINTED BY THE
BOARD OF REGENTS ON THE  RECOMMENDATION  OF  THE  COMMISSIONER  FOR  THE
PURPOSE  OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS
OF  CERTIFICATION  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS CHAPTER. THE BOARD SHALL BE COMPOSED OF
FOUR ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, TWO SOCIAL  WORK-
ERS  CERTIFIED  IN  THIS  STATE  AND  TWO GOVERNMENT BENEFITS ADVOCATES.
NOTWITHSTANDING THE FOREGOING, THE MEMBERS OF THE FIRST  BOARD  WHO  ARE
GOVERNMENT  BENEFITS  FAIR HEARING ADVOCATES NEED NOT BE CERTIFIED PRIOR
TO THEIR APPOINTMENT.
  S 7724. REQUIREMENTS FOR CERTIFICATION.  1.  TO  QUALIFY  FOR  CERTIF-
ICATION  TO  USE  THE TITLE "CERTIFIED GOVERNMENT BENEFITS ADVOCATE," AN
APPLICANT SHALL FULFILL ALL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) EDUCATION: HAVE A SECONDARY EDUCATION AND HAVE COMPLETED A PROGRAM
OF STUDY COVERING ALL ASPECTS OF GOVERNMENT  BENEFITS  APPROVED  BY  THE
DEPARTMENT;
  (C)  EXPERIENCE:  HAVE  EXPERIENCE  SATISFACTORY  TO  THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (G)  FEES:  PAY  A  FEE  OF  ONE HUNDRED DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT  CONDUCTED  EXAMINATION  AND  FOR  AN  INITIAL
CERTIFICATION; A FEE OF EIGHTY DOLLARS FOR EACH RE-EXAMINATION; A FEE OF
ONE HUNDRED DOLLARS FOR AN INITIAL CERTIFICATION FOR PERSONS NOT REQUIR-
ING  ADMISSION  TO  A  DEPARTMENT CONDUCTED EXAMINATION AND A FEE OF ONE
HUNDRED FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD;
  2. ON THE RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY EXEMPT:
  (A) FROM THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION ONE OF  THIS
SECTION,  AN  APPLICANT WHO HOLDS A LICENSE OF CERTIFICATION TO PRACTICE
AS A GOVERNMENT BENEFITS ADVOCATE OR SIMILAR TITLE ISSUED TO HIM OR  HER
UPON  EXAMINATION  BY  A  LEGALLY  CONSTITUTED BOARD OF EXAMINERS IN ANY
OTHER STATE OR POLITICAL SUBDIVISION OF THE UNITED STATES, PROVIDED THAT
THE APPLICANT CAN MEET THE REQUIREMENTS OF PARAGRAPH (D) OF  SUBDIVISION
ONE OF THIS SECTION;
  (B)  FROM THE REQUIREMENTS OF PARAGRAPH (B) AND PARAGRAPH (D) AND FROM
THE INITIAL CERTIFICATION FEE OF PARAGRAPH (G)  OF  SUBDIVISION  ONE  OF
THIS  SECTION, AN APPLICANT WHO SUBMITS, PRIOR TO THE DATE OF ENACTMENT,
SATISFACTORY EVIDENCE THAT  THE  APPLICANT  HAS  BEEN  PRACTICING  AS  A
GOVERNMENT BENEFITS ADVOCATE FOR A PERIOD OF THREE YEARS.
  S 7725. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
ANY OTHER SECTION OR PART THEREOF.
  S  2.  This  act  shall  take effect on the three hundred sixtieth day
after it shall have become a  law,  provided,  however,  that  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  is  authorized  and directed to be made and completed on or before
such effective date.