STAND. COM. REP. NO 290

 

Honolulu, Hawaii

                

 

RE:    S.B. No. 1159

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 1159 entitled:

 

"A BILL FOR AN ACT RELATING TO VETERANS DISABILITY BENEFITS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Exempt federal veterans' disability benefits from claims of creditors and attachment, levy, and seizure to enforce a court judgment; and

 

     (2)  Provide an exception for service-connected disability benefits that are subject to child and spousal support enforcement under title 42 United States Code section 659(h)(1)(A)(ii)(V).

 

     Your Committee received testimony in support of this measure from the State Office of Veterans Services, National Association for Uniformed Services Hawaii Chapter, Veterans Advisory Board, and one individual.

 

     Your Committee finds that disabled veterans have sacrificed in the name of duty, honor, and country.  The federal benefits that a disabled veteran receives need to be protected from creditors and third parties.  Implementation of this measure safeguards federal veterans' disability benefits, except for in certain child and spousal support cases.

 

     Your Committee has amended this measure by adding language to encourage courts to follow federal disability compensation apportionment policy under title 42 United States Code section 659(h)(1)(A)(ii)(V), regarding portions of service-connected disability benefits that are subject to child and spousal support enforcement.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1159, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1159, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

 

 

 

____________________________

WILL ESPERO, Chair