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Session of 2026
SENATE BILL No. 433
By Committee on Federal and State Affairs
2-2
AN ACT concerning veterans and military; relating to veterans benefits;
prohibiting certain conduct and improper collection of veterans benefit
fees; requiring mandatory counseling concerning the benefit claims
process; requiring that violations be considered under the Kansas
consumer protection 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
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.
(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 veterans benefit matter contract with a currently serving
servicemember of the uniformed services, a former servicemember of the
uniformed services, the survivor of a deceased former servicemember of
the uniform services or a beneficiary's fiduciary appointed under 38 C.F.R.
§ 13.10 shall not contain provisions to:
(1) Require the release of access credentials, including, but not
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limited to, a user name, password or any other authentication technology
or method for government computer systems to another party or affiliate of
such contract;
(2) require the release of access credentials, including, but not limited
to, a user name, password or other authentication technology or method to
a consumer's banking or financial services to another party or affiliate of
such contract;
(3) waive any rights under the Kansas consumer protection act; or
(4) waive any rights under federal law.
(f) If a veterans benefit matter contract contains any of the prohibited
provisions pursuant to subsection (e), such provision shall constitute
prima facie evidence of an unconscionable act under the Kansas consumer
protection act.
(i) 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.
(h) 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
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.
Sec. 2. (a) The Kansas office of veterans services shall offer
mandatory counseling to any potential claimant concerning the process to
claim benefits under 38 C.F.R. §§ 3.3 through 3.5.
(b) Mandatory counseling provided by the Kansas office of veterans
services shall not apply to claimants seeking burial and memorial benefits,
career and employment benefits, healthcare, education and training
benefits, housing assistance benefits or life insurance benefits from the
United States department of veterans affairs.
(c) A veterans benefit matter contract with a currently serving
servicemember of the uniformed services, a former servicemember of the
uniformed services or the survivor of a deceased former servicemember of
the uniformed services shall not be deemed valid unless the claimant has
completed such mandatory counseling pursuant to subsection (a). If a
potential claimant has a fiduciary appointed pursuant to 38 C.F.R. § 13.10,
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such fiduciary shall seek mandatory counseling on behalf of the potential
claimant before accepting the terms of any veterans benefit matter
contract.
(d) If a for-profit veterans benefits matter claims service provider
fails to ensure that a potential claimant or fiduciary of such potential
claimant completes mandatory counseling pursuant to subsection (a), a
contract between such for-profit veterans benefits matter claims service
provider and a potential claimant shall be rendered void and considered
prima facia evidence of an unconscionable act under the Kansas consumer
protection act.
Sec. 3. The provisions of this act are severable. If any portion of this
act is held by a court to be unconstitutional or invalid, or the application of
any portion of this act to any person or circumstance is held by a court to
be unconstitutional or invalid, the invalidity shall not affect other portions
of this act that can be given effect without the invalid portion or
application and the applicability of such other portions of this act to any
person or circumstance remains valid and enforceable.
Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.
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