S T A T E O F N E W Y O R K
________________________________________________________________________
8106
2023-2024 Regular Sessions
I N A S S E M B L Y
October 13, 2023
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Veterans' Affairs
AN ACT to amend the veterans' services law, in relation to requiring the
notification to veterans of the availability of veterans' services
free of charge by federal, state, and local veteran agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The veterans' services law is amended by adding a new
section 29-b to read as follows:
§ 29-B. NOTIFICATION TO VETERANS FOR FREE SERVICES. 1. DEFINITIONS.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "VETERAN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
PURSUANT TO SUBDIVISION THREE OF SECTION ONE OF THIS ARTICLE.
(B) "VETERANS SERVICES MATTER" MEANS THE PREPARATION, PRESENTATION, OR
PROSECUTION OF ANY CLAIM AFFECTING ANY PERSON WHO HAS FILED OR EXPRESSED
AN INTENT TO FILE A CLAIM FOR ANY BENEFIT, PROGRAM, SERVICE, COMMODITY,
FUNCTION, OR STATUS, ENTITLEMENT TO WHICH IS DETERMINED UNDER THE LAWS
AND REGULATIONS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS, THE DEPARTMENT, THE NEW YORK STATE DIVISION OF MILITARY AND
NAVAL AFFAIRS, THE NEW YORK CITY DEPARTMENT OF VETERANS' SERVICES, LOCAL
COUNTY VETERANS SERVICE AGENCY, THE OFFICE OF THE NEW YORK STATE COMP-
TROLLER AND OTHER FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATIONS OR
ANY OTHER STATE DEPARTMENT, AGENCY, OFFICE, OR CORPORATION PERTAINING TO
VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND ANY OTHER INDIVIDUAL
ELIGIBLE FOR SUCH BENEFITS.
(C) "COMPENSATION" MEANS PAYMENT OF ANY MONEY, THING OF VALUE, OR
FINANCIAL BENEFIT.
(D) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE,
TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, JOINT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13360-01-3
A. 8106 2
VENTURE, PUBLIC CORPORATION, GOVERNMENT OR GOVERNMENTAL SUBDIVISION,
AGENCY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
2. COMPENSATION. (A) NO PERSON SHALL RECEIVE COMPENSATION FOR ADVISING
OR ASSISTING ANY INDIVIDUAL WITH REGARD TO ANY VETERANS SERVICES MATTER,
EXCEPT AS PERMITTED UNDER FEDERAL LAW.
(B) NO PERSON SHALL RECEIVE COMPENSATION FOR REFERRING ANY INDIVIDUAL
TO ANOTHER PERSON TO ADVISE OR ASSIST THIS INDIVIDUAL WITH ANY VETERANS
SERVICES MATTER.
(C) A PERSON SEEKING TO RECEIVE COMPENSATION FOR ADVISING OR ASSISTING
ANY INDIVIDUAL WITH ANY VETERANS SERVICES MATTER SHALL, BEFORE RENDERING
ANY SERVICES, MEMORIALIZE ALL TERMS REGARDING THE INDIVIDUAL'S PAYMENT
OF FEES FOR SERVICES RENDERED IN A WRITTEN AGREEMENT, SIGNED BY BOTH
PARTIES, THAT ADHERES TO ALL CRITERIA SPECIFIED WITHIN FEDERAL CODE,
KNOWN AS 38 C.F.R. S.14.636.
(D) NO PERSON SHALL RECEIVE ANY COMPENSATION FOR ANY SERVICES RENDERED
BEFORE THE DATE ON WHICH A NOTICE OF DISAGREEMENT IS FILED WITH RESPECT
TO THE INDIVIDUAL'S CASE.
(E) NO PERSON SHALL GUARANTEE, EITHER DIRECTLY OR BY IMPLICATION, THAT
ANY INDIVIDUAL IS CERTAIN TO RECEIVE SPECIFIC VETERANS BENEFITS OR THAT
ANY INDIVIDUAL IS CERTAIN TO RECEIVE A SPECIFIC LEVEL, PERCENTAGE, OR
AMOUNT OF VETERANS BENEFITS MATTER.
(F) NO PERSON SHALL RECEIVE EXCESSIVE OR UNREASONABLE FEES AS COMPEN-
SATION FOR ADVISING OR ASSISTING ANY INDIVIDUAL WITH ANY VETERANS
SERVICES MATTER. THE FACTORS ARTICULATED WITHIN FEDERAL CODE, KNOWN AS
38 C.F.R. S.14.636 SHALL GOVERN DETERMINATIONS OF WHETHER A FEE IS
EXCESSIVE OR UNREASONABLE.
3. DISCLOSURE STATEMENTS. (A) (I) NO PERSON SHALL ADVISE OR ASSIST FOR
COMPENSATION ANY INDIVIDUAL CONCERNING ANY VETERANS SERVICES MATTER
WITHOUT CLEARLY PROVIDING, AT THE OUTSET OF THE BUSINESS RELATIONSHIP,
THE FOLLOWING DISCLOSURE, BOTH ORALLY AND IN WRITING:
"THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED
STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK STATE DEPARTMENT OF
VETERANS' SERVICES, THE NEW YORK STATE DIVISION OF MILITARY AND NAVAL
AFFAIRS, THE NEW YORK CITY DEPARTMENT OF VETERANS' SERVICES, LOCAL COUN-
TY VETERANS SERVICE AGENCY, THE OFFICE OF THE NEW YORK STATE COMPTROLLER
AND OTHER FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATIONS OR ANY
OTHER STATE DEPARTMENT, AGENCY, OFFICE, OR CORPORATION PERTAINING TO
VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND ANY OTHER INDIVIDUAL
ELIGIBLE FOR SUCH BENEFITS. ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK STATE
DEPARTMENT OF VETERANS' SERVICES, THE NEW YORK STATE DIVISION OF MILI-
TARY AND NAVAL AFFAIRS, THE NEW YORK CITY DEPARTMENT OF VETERANS'
SERVICES, LOCAL COUNTY VETERANS SERVICE AGENCY, THE OFFICE OF THE NEW
YORK STATE COMPTROLLER AND OTHER FEDERALLY CHARTERED VETERANS SERVICE
ORGANIZATIONS OR ANY OTHER STATE DEPARTMENT, AGENCY, OFFICE, OR CORPO-
RATION MAY BE ABLE TO PROVIDE YOU WITH THIS SERVICE FREE OF CHARGE.
PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY
ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER
VETERANS BENEFITS BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING
SERVICES HERE."
(II) THE WRITTEN DISCLOSURE SHALL APPEAR IN AT LEAST TWELVE-POINT FONT
AND SHALL APPEAR IN A READILY NOTICEABLE AND IDENTIFIABLE PLACE IN THE
PERSON'S AGREEMENT WITH THE INDIVIDUAL SEEKING SERVICES. THE INDIVIDUAL
SHALL VERBALLY ACKNOWLEDGE UNDERSTANDING OF THE ORAL DISCLOSURE AND
SHALL SIGN THE DOCUMENT IN WHICH THE WRITTEN DISCLOSURE APPEARS, TO
REPRESENT UNDERSTANDING OF THESE PROVISIONS. THE PERSON OFFERING
A. 8106 3
SERVICES SHALL RETAIN A COPY OF THE WRITTEN DISCLOSURE WHILE PROVIDING
VETERANS BENEFITS SERVICES FOR COMPENSATION TO THE INDIVIDUAL AND FOR AT
LEAST ONE YEAR AFTER THE DATE ON WHICH THE SERVICE RELATIONSHIP TERMI-
NATES.
(B)(I) NO PERSON SHALL ADVERTISE FOR-COMPENSATION SERVICES IN VETERANS
SERVICES WITHOUT INCLUDING THE FOLLOWING DISCLOSURE:
"THIS BUSINESS IS NOT SPONSORED BY, OR AFFILIATED WITH, THE UNITED
STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK STATE DEPARTMENT OF
VETERANS' SERVICES, THE NEW YORK STATE DIVISION OF MILITARY AND NAVAL
AFFAIRS, THE NEW YORK CITY DEPARTMENT OF VETERANS' SERVICES, LOCAL COUN-
TY VETERANS SERVICE AGENCY, THE OFFICE OF THE NEW YORK STATE COMPTROLLER
AND OTHER FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATIONS OR ANY
OTHER STATE DEPARTMENT, AGENCY, OFFICE, OR CORPORATION PERTAINING TO
VETERANS, THEIR DEPENDENTS, THEIR SURVIVORS, AND ANY OTHER INDIVIDUAL
ELIGIBLE FOR SUCH BENEFITS. ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO
THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, THE NEW YORK STATE
DEPARTMENT OF VETERANS' SERVICES, THE NEW YORK STATE DIVISION OF MILI-
TARY AND NAVAL AFFAIRS, THE NEW YORK CITY DEPARTMENT OF VETERANS'
SERVICES, LOCAL COUNTY VETERANS SERVICE AGENCY, THE OFFICE OF THE NEW
YORK STATE COMPTROLLER AND OTHER FEDERALLY CHARTERED VETERANS SERVICE
ORGANIZATIONS OR ANY OTHER STATE DEPARTMENT, AGENCY, OFFICE, OR CORPO-
RATION, MAY BE ABLE TO PROVIDE YOU WITH THESE SERVICES FREE OF CHARGE.
PRODUCTS OR SERVICES OFFERED BY THIS BUSINESS ARE NOT NECESSARILY
ENDORSED BY ANY OF THESE ORGANIZATIONS. YOU MAY QUALIFY FOR OTHER
VETERANS BENEFITS BEYOND THE SERVICES THAT THIS BUSINESS OFFERS."
(II) IF THE ADVERTISEMENT IS PRINTED, INCLUDING BUT NOT LIMITED TO
ADVERTISEMENTS VISIBLE TO INTERNET USERS, THE DISCLOSURE SHALL APPEAR IN
A READILY VISIBLE PLACE ON THE ADVERTISEMENT. IF THE ADVERTISEMENT IS
VERBAL, THE SPOKEN STATEMENT OF THE DISCLOSURE SHALL BE CLEAR AND INTEL-
LIGIBLE.
4. CIVIL PENALTY. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
BE AN UNLAWFUL PRACTICE AND VIOLATIONS AND CIVIL PENALTIES SHALL BE
SUBJECT TO THE RULES AND REGULATIONS SET FORTH BY THE STATE COMMISSION-
ER. THE AMOUNT COLLECTED FROM THESE VIOLATIONS SHALL BE USED TO SUPPORT
VETERAN SERVICE PROGRAMS WITHIN THE DEPARTMENT.
§ 2. This act shall take effect immediately.