Oregon War Veterans Blog

OWVA Passes Priority Legislation

The Oregon War Veterans Association (OWVA) worked with others to pass a bill that designates the U.S. Highway 97 in Oregon as the World War II Veterans Historic Highway.  SB 449 passed the House unanimously Thursday. 
 
“The passage of this bill is a huge victory,” said Greg Warnock, the Executive Director of OWVA.  “Oregonians often forget the history behind World War II, the war that played a major role in central Oregon.  This bill will place plaques along the highway with facts and reminders of those that fought for our country.”  
 
The signage will be paid for by veteran groups and will be organized by the US Highway 97 WWII Veterans Historic Highway Committee, chaired by Dick Tobiason, LTC US Army Retired, of Bend Oregon.  The Committee first promoted the idea of the historical highway in 2005. The Vice Chair of the committee, Mr. Bob Maxwell, the only surviving Metal of Honor recipient in living in Oregon, attended the House Floor Session and watched SB 449 become reality. 
 
Also occurring this week, SB 731B passed unanimously out of the  House Committee on Consumer Affairs.  This important legislation will help disabled veterans better protect their disability pensions from illegal collections.  SB 731B implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing.  OWVA joined the Oregon Law Center, and Ms. Sybil Hebb on this legislation soon after her organization drafted it, and made it a priority bill for 2009.
 
SB 731B is expected to land on the House floor this Tuesday for a vote.  OWVA is writing a Floor Letter to all of the Representatives in support of the bill.

OWVA Partners with the VIP Discount Card Program Memorial Day Weekend

The VIP Discount Card Program, which allows consumers to save money at their favorite restaurants, hotels, retail stores, and attractions, has partnered with the Oregon War Veterans Association (OWVA) this Memorial Day weekend.  The program will donate 25% of their direct card sales to OWVA's charitable projects.  OWVA is currently helping families of deployed National Guard troops with emergency funding relating to medical and housing issues.

"VIP's contributions are especially helpful during the beginning of this National Guard deployment, as the recession has impacted the families harder than normal,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association.  “We are very excited about VIP's decision to support our charities.  I want to take this opportunity to encourage those of you in Salem this weekend to support Oregon’s Veterans."
 
Individuals may buy the discount cards in front of Walmart (Turner Road, in Salem) throughout the weekend.  

 
Please check out the VIP Website at: http://www.getyourvip.com/

OWVA Asks House to Protect Veteran Vulnerability instead of Protecting the Creditors

Salem, Oregon – Oregon War Veterans Association (OWVA) urges a "do pass" recommendation on the SB 731A version of the bill that is now in the House Committee on Consumer Protection.  This important legislation will help disabled veterans better protect their disability pensions from illegal collections.  SB 731A implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing. 

OWVA's director, Greg Warnock, told a group of OWVA supporters on Wednesday that some legislators feel that the banks have had a difficult time trying to understand regulations regarding funds that are exempt from garnishments.  They feel that the burden to help their disabled customers is too great.

Warnock, who is a former banker with US Bank, provided public testimony and said, "Banks and Credit Unions are not burdened at all by protecting legally exempt funds from garnishment, especially when affidavits of the protected funds are on file, and when additional fees have been paid to help the banks process the necessary forms.  Frankly, most banks and credit unions prefer to bend over backward for their disabled veteran customers, instead of supporting illegal debt collections."

OWVA put off an amendment to SB731 to fine institutions which violate the rights of disabled veterans on the illegal garnishment issue.  This decision was a compromise to see the bill get through this year's session as it is currently written.

 "We have all compromised enough on this legislation, and it is time to move the bill forward," Warnock said.

# # #

New "Linscott Law" Protects Military Families

Salem, Oregon - House Bill 2303 was signed into law on Friday, sending a loud signal to creditors who abuse Oregon's military families.  The law now requires financial institutions to conform to the Servicemembers Civil Relief Act (SCRA) laws, and special federal rights held by service members.

 The passage of this law is a result of the efforts of strong lobby support of the Oregon War Veterans Association (OWVA), the Oregon State Bar's (OSB) Military Assistance Panel, Salem Attorney Jess Barton, Portland Attorney Mike Mendelson, and Brigadier General Mike Caldwell, Deputy Director of the Oregon Military Department who gave much support during the legislative hearings.

The law is affectionately now known by advocates as the "Linscott Law" named after Oregonian Maj. Jeff Linscott, a Marine veteran who paid more than $100,000 of his own funds to fight creditors who challenged his Federal SCRA rights in court.

SCRA laws are supposed to keep creditors from foreclosing on loans, practicing predatory practices, or adjusting interest rates against activated military members. But, have been no teeth in the laws to prevent creditors from threatening military families from paying high court costs to enforce the law. 

The Linscott Law will now allow military families to sue creditors for attorney fees and court costs, which means that they can now defend themselves against illegal actions and predator lenders. The new law may actually be duplicated by other States as well, who want protections for Servicemembers.

Last year, Jess Barton who serves as Associate Legal Counsel for OWVA and a member of the Military Assistance Panel told OWVA's directors that, "Some creditors prey on deployed military personnel, even after they hear of their federal rights for relief, because they cannot defend themselves while in Iraq or Afghanistan."

"Most lenders comply with the law, but the ones who do not are particularly aggressive, since there has been no recourse against them.  Now we will fight them back in court," said Greg Warnock, OWVA's executive director, in a conversation with Linscott on Friday.

OWVA developed legislative sponsors and key support for the bill, and gave testimony about its merit to deployed families. OWVA initially added a penalty amendment that would fine violators $10,000 per incident.  This would give the legislation additional "teeth" because systematic violators should be punished for their abuses over and above the fees a court may award.

"By keeping the penalty clauses out of the bill, however, we hoped to show the Judiciary Committees and the financial institution advocates that we were willing to compromise, so conforming financial institutions wouldn't feel threatened." said Jess Barton.  "The penalty amendment was worth compromising to assure that the bill would be passed and federal laws will be upheld.  The Linscott Law is a tremendous victory for Oregon's military families.

Jess Barton may be reached by email (jessbarton@msn.com ) for additional comments or legal advice regarding the new law.

OWVA Partners with Mattress World to Help Veterans and their Families

Salem, Oregon – Oregon War Veterans Association (OWVA) is proud to partner with Mattress World in an effort to help veterans and military families during the month of May.  OWVA has actively participated with the Oregon National Guard's Family Readiness Group (ORNG's FRG) and family assistance program providers.  Since 2002, OWVA has helped hundreds of families with emergency housing, medical bills, and transportation issues.  OWVA works directly with the general staff and FRG system for the ORNG.

"I am so proud to help OWVA raise funds to help Oregon's military families,” said Sherri, the owner of Mattress World. “I can't imagine what it would be like to leave your family to serve your country, and be forced to rely on the charity of others. Thank you so much for the opportunity to let us help you."

This month, 3,200 members of the Oregon National Guard are being deployed to Iraq and will leave their families behind to struggle during this economic recession.  OWVA will do everything possible to help relieve the stress that comes with financial emergencies.

All funds donated through the Mattress World Public Service project will be dedicated to OWVA's charitable service projects and programs.  We will provide a tax deductible receipt for your contribution upon request.

Please send your donations to:

OWVA

PO Box 8043

Salem, OR  97303

OR, donate online at: www.owva.org

 

Thank you for supporting Oregon's veterans and military families!

# # #

Good news!

The Oregon Senate passed SB 731!  OWVA would like to thank the Senate for its support our of most vulberable citizens, including many veterans.  Now, we need to urge the Oregon House to continue pushing this important legislation forward.

OWVA Urges Senate to Protect Veteran Vulnerability

A bill that will protect Oregon’s vulnerable veterans is expected to land on the Senate floor early next week.  SB 731A will protect exempt funds from garnishment.  The bill implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing. 

“Veterans’ benefits, disability benefits, social security benefits – these are crucial programs that are designed to create a safety net for vulnerable people.  That’s why state and federal laws declare these benefits exempt from collection,” said Sybil Hebb, an attorney at the Oregon Law Center.  “Often, these benefits are our clients’ only source of income.  Losing that money to a garnishment means missing rent and utility payments, not being able to pay for food or medication – these garnishments are shredding our safety nets.”

Last month, Oregon War Veterans Association (OWVA) was called by a VA veteran service officer in Portland, who had a veteran in ICU for two weeks. During that time, a creditor garnished every single dime from his bank account, and nearly made the disabled veteran homeless because the disability pension funds in his account were just enough for his rent payment.  He could do nothing on his own to remedy the situation.  OWVA contacted his landlord made arrangements to pay three months rent, so he wouldn't have to worry about losing his house while in the hospital and treatment center. There were no other (veteran or otherwise) resources available to him, and without OWVA's help, he would be on the street today. SB 731A would have stopped the illegal garnishment from ever happening.

“This bill simply implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing,” said Greg Warnock, the Executive Director of Oregon War Veterans Association.  “Current law already provides that creditors are not entitled to exempt funds, so banks and collection companies should not be fighting this legislation, if they already comply with the law.”

The Oregon War Veterans Association urges the Senate to support SB 731A to protect our veterans from further economic vulnerability without attacking creditors.

# # #