BILL ANALYSIS
SB 285
Page 1
SENATE THIRD READING
SB 285 (Wright)
As Amended August 17, 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.
3)Provides that the provisions in 2) above do not apply to veterans'
service-connected disability benefits that are subject to child
and spousal support enforcement as provided by federal law, as
specified.
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
SB 285
Page 2
beneficiary.
2)Provides for the procedure by which a plaintiff may request 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:
0001921