STAND. COM. REP. NO.  520

 

Honolulu, Hawaii

                , 2015

 

RE:   H.B. No. 805

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Sir:

 

     Your Committee on Veterans, Military, & International Affairs, & Culture and the Arts, to which was referred H.B. No. 805 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to exempt federal veterans disability benefits from being used as security for the satisfaction of a court judgment in a civil proceeding, except that portion of the benefits that is subject to child and spousal support under title 42 United States Code section 659(h)(1)(A)(ii)(V).

 

     Your Committee received testimony in support of this measure from the National Association for Uniformed Services.

 

     Your Committee finds that many disabled veterans live on their disability income, which often falls short of necessary living expenses.  Your Committee believes that by exempting certain federal veterans benefits from seizure to enforce a court judgment, this measure will help ensure that disabled veterans receive sufficient income while still requiring the provision of appropriate child and spousal support.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that the measure's exemption applies to federal disability compensation benefits, as determined pursuant to the United States Department of Veterans Affairs disability compensation benefits rate;

 

     (2)  Providing that only that portion of a veteran's disability benefits that is not considered to be the veteran's disability compensation shall be subject to child and spousal support enforcement under title 42 United States Code section 659(h)(1)(A)(ii)(V); and

 

     (3)  Amending the title of the new section to more appropriately reflect the amendments made to the substantive provisions of the section.

 

     As affirmed by the record of votes of the members of your Committee on Veterans, Military, & International Affairs, & Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 805, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 805, H.D. 1, and be referred to the Committee on Finance.

 

Respectfully submitted on behalf of the members of the Committee on Veterans, Military, & International Affairs, & Culture and the Arts,

 

 

 

 

____________________________

KEN ITO, Chair