Bill Text: NY A08106 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the notification to veterans of the availability of veterans' services free of charge by federal, state, and local veteran agencies; requires certain disclosures to be provided when notifying veterans about available services; provides for civil penalties for any violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - referred to veterans' affairs [A08106 Detail]
Download: New_York-2023-A08106-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8106 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The veterans' services law is amended by adding a new 2 section 29-b to read as follows: 3 § 29-b. Notification to veterans for free services. 1. Definitions. 4 For the purposes of this section, the following terms shall have the 5 following meanings: 6 (a) "Veteran" shall have the same meaning as such term is defined 7 pursuant to subdivision three of section one of this article. 8 (b) "Veterans services matter" means the preparation, presentation, or 9 prosecution of any claim affecting any person who has filed or expressed 10 an intent to file a claim for any benefit, program, service, commodity, 11 function, or status, entitlement to which is determined under the laws 12 and regulations administered by the United States department of veterans 13 affairs, the department, the New York state division of military and 14 naval affairs, the New York city department of veterans' services, local 15 county veterans service agency, the office of the New York state comp- 16 troller and other federally chartered veterans service organizations or 17 any other state department, agency, office, or corporation pertaining to 18 veterans, their dependents, their survivors, and any other individual 19 eligible for such benefits. 20 (c) "Compensation" means payment of any money, thing of value, or 21 financial benefit. 22 (d) "Person" means an individual, corporation, business trust, estate, 23 trust, partnership, limited liability company, association, joint EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13360-01-3A. 8106 2 1 venture, public corporation, government or governmental subdivision, 2 agency, or instrumentality, or any other legal or commercial entity. 3 2. Compensation. (a) No person shall receive compensation for advising 4 or assisting any individual with regard to any veterans services matter, 5 except as permitted under federal law. 6 (b) No person shall receive compensation for referring any individual 7 to another person to advise or assist this individual with any veterans 8 services matter. 9 (c) A person seeking to receive compensation for advising or assisting 10 any individual with any veterans services matter shall, before rendering 11 any services, memorialize all terms regarding the individual's payment 12 of fees for services rendered in a written agreement, signed by both 13 parties, that adheres to all criteria specified within federal code, 14 known as 38 C.F.R. s.14.636. 15 (d) No person shall receive any compensation for any services rendered 16 before the date on which a notice of disagreement is filed with respect 17 to the individual's case. 18 (e) No person shall guarantee, either directly or by implication, that 19 any individual is certain to receive specific veterans benefits or that 20 any individual is certain to receive a specific level, percentage, or 21 amount of veterans benefits matter. 22 (f) No person shall receive excessive or unreasonable fees as compen- 23 sation for advising or assisting any individual with any veterans 24 services matter. The factors articulated within federal code, known as 25 38 C.F.R. s.14.636 shall govern determinations of whether a fee is 26 excessive or unreasonable. 27 3. Disclosure statements. (a) (i) No person shall advise or assist for 28 compensation any individual concerning any veterans services matter 29 without clearly providing, at the outset of the business relationship, 30 the following disclosure, both orally and in writing: 31 "This business is not sponsored by, or affiliated with, the United 32 States Department of Veterans Affairs, the New York State Department of 33 Veterans' Services, the New York State Division of Military and Naval 34 Affairs, the New York City Department of Veterans' Services, local coun- 35 ty veterans service agency, the Office of the New York State Comptroller 36 and other federally chartered veterans service organizations or any 37 other state department, agency, office, or corporation pertaining to 38 veterans, their dependents, their survivors, and any other individual 39 eligible for such benefits. Organizations, including but not limited to 40 the United States Department of Veterans Affairs, the New York State 41 Department of Veterans' Services, the New York State Division of Mili- 42 tary and Naval Affairs, the New York City Department of Veterans' 43 Services, local county veterans service agency, the Office of the New 44 York State Comptroller and other federally chartered veterans service 45 organizations or any other state department, agency, office, or corpo- 46 ration may be able to provide you with this service free of charge. 47 Products or services offered by this business are not necessarily 48 endorsed by any of these organizations. You may qualify for other 49 veterans benefits beyond the benefits for which you are receiving 50 services here." 51 (ii) The written disclosure shall appear in at least twelve-point font 52 and shall appear in a readily noticeable and identifiable place in the 53 person's agreement with the individual seeking services. The individual 54 shall verbally acknowledge understanding of the oral disclosure and 55 shall sign the document in which the written disclosure appears, to 56 represent understanding of these provisions. The person offeringA. 8106 3 1 services shall retain a copy of the written disclosure while providing 2 veterans benefits services for compensation to the individual and for at 3 least one year after the date on which the service relationship termi- 4 nates. 5 (b)(i) No person shall advertise for-compensation services in veterans 6 services without including the following disclosure: 7 "This business is not sponsored by, or affiliated with, the United 8 States Department of Veterans Affairs, the New York State Department of 9 Veterans' Services, the New York State Division of Military and Naval 10 Affairs, the New York City Department of Veterans' Services, local coun- 11 ty veterans service agency, the Office of the New York State Comptroller 12 and other federally chartered veterans service organizations or any 13 other state department, agency, office, or corporation pertaining to 14 veterans, their dependents, their survivors, and any other individual 15 eligible for such benefits. Organizations, including but not limited to 16 the United States Department of Veterans Affairs, the New York State 17 Department of Veterans' Services, the New York State Division of Mili- 18 tary and Naval Affairs, the New York City Department of Veterans' 19 Services, local county veterans service agency, the Office of the New 20 York State Comptroller and other federally chartered veterans service 21 organizations or any other state department, agency, office, or corpo- 22 ration, may be able to provide you with these services free of charge. 23 Products or services offered by this business are not necessarily 24 endorsed by any of these organizations. You may qualify for other 25 veterans benefits beyond the services that this business offers." 26 (ii) If the advertisement is printed, including but not limited to 27 advertisements visible to internet users, the disclosure shall appear in 28 a readily visible place on the advertisement. If the advertisement is 29 verbal, the spoken statement of the disclosure shall be clear and intel- 30 ligible. 31 4. Civil penalty. A violation of the provisions of this section shall 32 be an unlawful practice and violations and civil penalties shall be 33 subject to the rules and regulations set forth by the state commission- 34 er. The amount collected from these violations shall be used to support 35 veteran service programs within the department. 36 § 2. This act shall take effect immediately.
