Bill Text: HI HB805 | 2015 | Regular Session | Amended

Hawaii House Bill 805 (Prior Session Legislation)

Bill Title: Veterans Disability Benefits; Attachment; Exemption

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2015-04-30 - Conference committee meeting to reconvene on 05-01-15 2:30PM in conference room 312. [HB805 Detail]

Download: Hawaii-2015-HB805-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	805
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 2
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO VETERANS DISABILITY BENEFITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 651, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§651- Veterans disability benefits; exemption. (a) Federal disability benefits awarded to veterans for service-connected disabilities pursuant to title 38 United States Code chapter 11:

(1) Are exempt from the claim of creditors;

(2) Are not subject to attachment, levy, or seizure under any legal or equitable process, as provided by federal law; and

(3) May not be awarded to any other person.

(b) This section shall not apply to the portion of service-connected disability benefits that is subject to child and spousal support enforcement under title 42 United States Code section 659(h)(1)(A)(ii)(V), and courts are encouraged to follow federal disability compensation apportionment policy before imposing scheduled support payments, in accordance with title 42 United States Code section 659(h)(1)(A)(ii)(V), for service-connected disability benefits subject to child and spousal support enforcement."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 7, 2059.

Report Title:

Veterans Disability Benefits; Attachment; Exemption

Description:

Exempts federal veterans' disability benefits from claims of creditors and attachment, levy, and seizure to enforce a court judgment, except in certain child and spousal support cases. Effective 01/07/2059. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.