Session of 2025
HOUSE BILL No. 2213
By Committee on Veterans and Military
Requested by Jim Karleskint on behalf of the Veterans of Foreign Wars
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AN ACT concerning veterans and military; relating to veterans benefits;
prohibiting certain conduct and improper collection of veterans benefit
fees; providing for penalties upon violation of such act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this act:
(1) "Veterans benefits 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 to which entitlement is determined under the laws and
regulations administered by the United States department of veterans
affairs, the United States department of defense or the Kansas office of
veterans services pertaining to veterans, their dependents or survivors or
any other individual eligible for such benefit, program, service,
commodity, function or status.
(b) Except as permitted under federal law, no person shall receive
compensation for preparing, presenting, prosecuting, advising, consulting
or assisting any individual with regard to any veterans benefits matter
before the United States department of veterans affairs, the United States
department of defense or the Kansas office of veterans services.
(c) No person shall receive compensation for referring any individual
to another person to prepare, present, prosecute, advise, consult or assist
regarding any veterans benefits matter before the United States department
of veterans affairs, the United States department of defense or the Kansas
office of veterans services.
(d) Nothing in this section shall be construed to prohibit a division of
fees between attorneys that is otherwise proper under Kansas law and the
Kansas rules of professional conduct.
(e) A violation of this section shall be a violation of the Kansas
consumer protection act pursuant to K.S.A. 50-623 et seq., and
amendments thereto.
(f) Any person who received compensation for preparing, presenting,
prosecuting, advising, consulting or assisting an individual with regard to
any veterans benefits matter before the United States department of
veterans affairs, the United States department of defense or the Kansas
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office of veterans services shall be held to the same ethical standards as an
attorney under the Kansas rules of professional conduct in the following
practices:
(1) Advertising;
(2) solicitation of new clients;
(3) confidentiality;
(4) duty of care;
(5) duty of honesty; and
(6) duty to zealously pursue what is in the best interest of the client.
(g) If any provision or clause of this act or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this act that can be given effect without the
invalid provision or application, and to this end the provisions of this act
are declared to be severable.
Sec. 2. This act shall take effect and be in force from and after its
publication in the Kansas register.
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