S T A T E O F N E W Y O R K
________________________________________________________________________
8483
2025-2026 Regular Sessions
I N A S S E M B L Y
May 16, 2025
___________
Introduced by M. of A. O'PHARROW -- read once and referred to the
Committee on Veterans' Affairs
AN ACT to amend the general business law, in relation to fees for
services rendered in veterans' benefits matters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1, paragraph (d) of subdivi-
sion 2, and subdivision 3 of section 349-f of the general business law,
as added by chapter 183 of the laws of 2019, are amended to read as
follows:
(a) The term "veterans' benefits matter" means the preparation, pres-
entation, 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 deter-
mined under the laws and regulations administered by the United States
department of veterans affairs or the New York state [division] DEPART-
MENT of veterans' [affairs] SERVICES pertaining to veterans, their
dependents, their survivors, and any other party eligible for such bene-
fits.
(d) No entity shall receive any fees for any services rendered before
the date on which [a notice of disagreement is filed with respect to the
party's case] A CLAIMANT IS PROVIDED NOTICE OF THE AGENCY OF ORIGINAL
JURISDICTION OF THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS'
INITIAL DECISION UNDER SECTION 5104 OF TITLE 38 OF THE UNITED STATES
CODE WITH RESPECT TO THE CASE. THE LIMITATION IN THE PRECEDING SENTENCE
OF THIS PARAGRAPH SHALL NOT APPLY TO FEES CHARGED, ALLOWED, OR PAID FOR
SERVICES PROVIDED WITH RESPECT TO PROCEEDINGS BEFORE A COURT.
3. (a) No entity shall advise or assist for compensation any party
with any veterans' benefits matter without clearly providing, at the
outset of this business relationship, the following disclosure, both
orally and in writing: "this business is not sponsored by, or affiliated
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13030-01-5
A. 8483 2
with, the United States department of veterans affairs, the New York
state [division] DEPARTMENT of veterans' [affairs] SERVICES, or any
[other congressionally chartered] veterans service organization. Other
organizations, including but not limited to the New York state [divi-
sion] DEPARTMENT of veterans' [affairs] SERVICES, your local county
veterans service agency, and [other congressionally chartered] veterans
service organizations, may be able to provide you with this service free
of charge. Products or services offered by this business are not neces-
sarily endorsed by any of these organizations. You may qualify for other
veterans' benefits beyond the benefits for which you are receiving
services here." The written disclosure must appear in at least twelve-
point font and must appear in a readily noticeable and identifiable
place in the entity's agreement with the party seeking services. The
party must verbally acknowledge understanding of the oral disclosure and
must provide [his or her] THEIR signature to represent understanding of
these provisions on the document in which the written disclosure
appears. The entity offering services must retain a copy of the written
disclosure while providing veterans' benefits services for compensation
to the party and for at least one year after the date on which this
service relationship terminates.
(b) No entity shall advertise for-compensation services in veterans
benefits matters without including the following disclosure: "this busi-
ness is not sponsored by, or affiliated with, the United States depart-
ment of veterans affairs, the New York state [division] DEPARTMENT of
veterans' [affairs] SERVICES, or any [other congressionally chartered]
veterans service organization. Other organizations, including but not
limited to the New York state [division] DEPARTMENT of veterans'
[affairs] SERVICES, your local county veterans service agency, and
[other congressionally chartered] veterans service organizations, 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." If the advertisement is print-
ed, including but not limited to advertisements visible to internet
users, the disclosure must appear in a readily visible place on the
advertisement. If the advertisement is verbal, the spoken statement of
the disclosure must be clear and intelligible.
§ 2. Subdivision 1 of section 349-f of the general business law is
amended by adding a new paragraph (d) to read as follows:
(D) THE TERM "VETERANS SERVICE ORGANIZATION" MEANS ANY ORGANIZATION
RECOGNIZED AND APPROVED BY THE UNITED STATES SECRETARY OF VETERANS
AFFAIRS UNDER 38 U.S.C. § 5902 AND 38 C.F.R. § 14.628.
§ 3. This act shall take effect immediately.