Kansas 2025-2026 Regular Session

Kansas House Bill HB2214 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2214
33 By Committee on Veterans and Military
44 Requested by Larrie Ann Brown on behalf of Veteran Benefits Guide
55 2-3
66 AN ACT concerning veterans and military; relating to veterans benefits;
77 enacting the safeguarding American veteran empowerment (SAVE) act
88 to limit compensation for assisting in veterans benefits matters.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. (a) As used in this section:
1111 (1) "Compensation" means a payment of any moneys, a thing of
1212 value or financial benefit conferred on or received by any person in return
1313 for services rendered or to be rendered.
1414 (2) "Veterans benefits matter" means the preparation, presentation or
1515 prosecution of any claim affecting any person who has filed or expressed
1616 an intent to file a claim for any benefit, program, service, commodity,
1717 function, status or entitlement that veterans, their dependents, their
1818 survivors or any other person who is eligible under the laws and
1919 regulations administered by the United States department of veterans
2020 affairs or the Kansas office of veterans services.
2121 (3) "Person" means any natural person, corporation, trust, partnership,
2222 incorporated or unincorporated association, or any other legal entity.
2323 (b) (1) No person may receive compensation for:
2424 (A) Referring any veteran to another person for advice or assistance
2525 in such veteran's benefits matter; or
2626 (B) any services rendered in connection with any claim filed within
2727 the one-year presumptive period of active-duty release, unless the veteran
2828 acknowledges by signing a waiver that such veteran's active-duty release is
2929 within the one-year period but is choosing to deny the free services
3030 available to such veteran.
3131 (2) A person seeking to receive compensation for advising, assisting
3232 or consulting with any veterans benefits matter shall, before rendering any
3333 services, memorialize the specific terms that specify the amount to be paid
3434 will be determined in a written agreement signed by both parties.
3535 Compensation shall be contingent upon an increase in the awarded
3636 benefits and, if successful, such compensation shall not exceed five times
3737 the amount of the monthly increase in benefits awarded based on the
3838 claim. No initial or nonrefundable fee may be charged by a person
3939 advising, assisting or consulting an individual on a veterans benefits
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7575 matter.
7676 (3) A person seeking to receive compensation for advising, assisting
7777 or consulting in connection with any veterans benefits matter shall, before
7878 rendering any services, memorialize the specific terms under which the
7979 amount to be paid will be determined in a written agreement signed by
8080 both parties. Compensation shall be contingent upon an increase in
8181 benefits awarded and, if successful, such compensation shall not exceed
8282 five times the amount of the monthly increase in benefits awarded based
8383 on the claim. No initial or nonrefundable fee may be charged by a person
8484 advising, assisting or consulting an individual on a veterans benefits
8585 matter.
8686 (4) No person shall guarantee, either directly or by implication, a
8787 successful outcome or that any person is certain to receive specific
8888 veterans benefits or a specific level, percentage or amount of veterans
8989 benefits.
9090 (5) (A) Any person advising, assisting or consulting on veterans
9191 benefits matters for compensation shall provide the following disclosure at
9292 the outset of the business relationship: "This business is not sponsored by
9393 or affiliated with the United States department of veterans affairs or the
9494 Kansas office of veterans services, or any other federally chartered
9595 veterans service organization. Other organizations, including, but not
9696 limited to, the Kansas office of veterans services, a local veterans service
9797 organization and other federally chartered veterans service organizations
9898 may be able to provide you with this service free of charge. Products or
9999 services offered by this business are not necessarily endorsed by any of
100100 these organizations. You may qualify for other veterans benefits beyond
101101 the benefits for which you are receiving services here."
102102 (B) The written disclosure shall appear in at least 12-point font
103103 in an easily identifiable place in the person's agreement with the individual
104104 seeking services. The person shall sign the document in which the written
105105 disclosure appears to represent understanding of these provisions. The
106106 person offering services shall retain a copy of the written disclosure while
107107 providing veterans benefits services for compensation and for at least one
108108 year after the date on which the service relations terminate.
109109 (6) Businesses advising, assisting or consulting on veterans' benefits
110110 matters for a fee shall:
111111 (A) Not utilize international call centers or data centers for processing
112112 veterans' personal information;
113113 (B) not use a veteran's personal login, username or password
114114 information to access such veteran's medical, financial or government
115115 benefits information; and
116116 (C) ensure that any person who has access to veterans' medical or
117117 financial information undergoes a criminal history record check prior to
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161161 having access to that information. The criminal history record check shall
162162 be conducted by a reputable source and include identity verification and a
163163 criminal records check.
164164 (c) (1) A violation of this section constitutes an unfair, false,
165165 misleading or deceptive act or practice in the conduct of trade or
166166 commerce under K.S.A. 50-623 et seq., and amendments thereto.
167167 (2) Civil penalties shall be in an amount ordered by the district court
168168 in an action brought by the attorney general.
169169 (3) Each day that a violation continues is a separate violation.
170170 (4) Nothing in this section is to be construed as applying to or
171171 limiting or expanding the
172172 requirements imposed on agents, attorneys or other representatives
173173 accredited by the United States department of veterans affairs and
174174 regulated by such agency.
175175 Sec. 2. This act shall take effect and be in force from and after its
176176 publication in the statute book.
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