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.