REPORT TITLE:



DESCRIPTION:


 
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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO JUDGMENT LIENS IN FAVOR OF THE STATE.



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

 1      SECTION 1.  The legislature finds that notwithstanding the
 
 2 common law doctrine that statutes of limitation do not run
 
 3 against the sovereign state and the general provisions of Section
 
 4 657-1.5, Hawaii Revised Statutes which embody that doctrine,
 
 5 there is confusion as to the duration of judgments in favor of
 
 6 the state, the necessity of the renewal of such judgments and the
 
 7 duration of the lien of such judgments when recorded in the
 
 8 Bureau of Conveyances.  The legislature further finds that the
 
 9 interests of justice would be served by the enactment of specific
 
10 statutes to clarify issues of renewal and duration of judgments
 
11 in favor of the state and the liens created thereby.
 
12      SECTION 2.  Section 636-3, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "�636-3  Judgment, lien when.  Any money judgment or decree
 
15 of a state court or the United States District Court for the
 
16 District of Hawaii shall be a lien upon real property when a copy
 
17 thereof, certified as correct by a clerk of the court where it is
 
18 entered, is recorded in the bureau of conveyances.  No such lien,
 
19 other than the lien of a judgment in favor of the State of
 
20 Hawaii, shall continue beyond ten years after the date of the
 

 
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 1 judgment.  Except as otherwise provided, every judgment shall
 
 2 contain or have endorsed on it the social security number, State
 
 3 of Hawaii general excise taxpayer identification number, or
 
 4 federal employer identification number for persons, corporations,
 
 5 partnerships, or other entities against whom the judgment is
 
 6 rendered.  If the judgment debtor has no social security number,
 
 7 State of Hawaii general excise taxpayer identification number, or 
 
 8 federal employer identification number, or if that information is
 
 9 not in the possession of the party seeking registration of the
 
10 judgment, the judgment shall be accompanied by a certificate that
 
11 provides that the information does not exist or is not in the
 
12 possession of the party seeking recordation of the judgment.
 
13 Failure to disclose or disclosure of an incorrect social security
 
14 number, State of Hawaii general excise taxpayer identification
 
15 number, or federal employer identification number shall not in
 
16 any way adversely affect or impair the lien created upon
 
17 recordation of the judgment.  When any such judgment is fully
 
18 paid, the creditor or the creditor's attorney of record in the
 
19 action shall, at the expense of the debtor, execute, acknowledge,
 
20 and deliver to the debtor a satisfaction thereof, which may be
 
21 recorded in the bureau.  Every satisfaction or assignment of
 
22 judgment shall contain a reference to the book and page or
 
23 document number of the registration of the original judgment.
 
24 The recording fees for a judgment and for each assignment or
 

 
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 1 satisfaction of judgment shall be as provided by section 502-25.
 
 2      In the case of registered land, section 501-102 shall
 
 3 govern."
 
 4      SECTION 3.  Section 657-5, Hawaii Revised Statutes is
 
 5 amended to read as follows:
 
 6      "�657-5  Domestic judgments and decrees.  Unless an
 
 7 extension is granted, every judgment and decree of any court of
 
 8 the State shall be presumed to be paid and discharged at the
 
 9 expiration of ten years after the judgment or decree was
 
10 rendered.  No action shall be commenced after the expiration of
 
11 ten years from the date a judgment or decree was rendered or
 
12 extended.  No extension of a judgment or decree shall be granted
 
13 unless [the] a motion for extension is [sought] filed within ten
 
14 years of the date of the filing of the original judgment or
 
15 decree [was rendered].  A court shall not extend any judgment or
 
16 decree beyond twenty years from the date of the original judgment
 
17 or decree.  No extension shall be granted without notice and a
 
18 hearing. Nothing contained herein shall limit the duration of a
 
19 judgment, decree, or restitution order that is part of a judgment
 
20 in favor of the State or require the State to obtain an extension
 
21 order therefor."
 
22      SECTION 3.  Statutory material is to be repealed is
 

 
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 1 bracketed.  New statutory material is underscored.
 
 2      SECTION 4.  This Act shall take effect upon its approval.
 
 3 
 
 4                           INTRODUCED BY: ________________________
 

 
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