BILL ANALYSIS
SB 285
Page 1
SENATE THIRD READING
SB 285 (Wright)
As Amended July 1, 2009
Majority vote
SENATE VOTE :37-0
JUDICIARY 10-0
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|Ayes:|Feuer, Tran, Brownley, | | |
| |Evans, Jones, Knight, | | |
| |Krekorian, Lieu, Monning, | | |
| |Silva | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Seeks to ensure that California law regarding
veterans' disability benefits conforms to existing federal law
which protects such benefits from creditors and attachments.
Specifically, this bill :
1)States that it is the intent of the Legislature to enact
legislation to conform with existing federal law that
prohibits veterans' disability payments or benefits from being
assigned, or liable to attachment, levy, or seizure under any
legal or equitable process.
2)Provides that federal disability benefits awarded to veterans
for service-connected disabilities shall be exempt from the
claims of creditors, and shall not be liable to attachment,
levy, or seizure by or under any legal or equitable process
whatsoever, as provided by federal law.
EXISTING LAW :
1)Provides, under federal law, that payments or benefits due or
to become due under any law administered by the Secretary of
Veterans Affairs are exempt from claims of creditors; and,
will not be liable to attachment, levy, or seizure by or under
any legal or equitable process whatever, either before or
after receipt by the beneficiary.
2)Provides for the procedure by which a plaintiff may request
SB 285
Page 2
that a defendant's property be attached in a civil action.
FISCAL EFFECT : None
COMMENTS : The author states that although federal law clearly
prohibits the attachment of federal disability benefits,
California courts continue inappropriately to mistakenly attach
such benefits. The author states, "Very often these payments
are the only assets a veteran may have. Unlawful attachment
creates hardship for those veterans who rarely have the
resources to hire legal help to contest the taking of their
benefits."
This bill would ensure that California law conforms with federal
law. The language of this bill essentially mirrors the language
of the federal statute.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0001770