Bill Text: HI HB440 | 2011 | Regular Session | Introduced

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Bill Title: Mechanics' and Materialmen's Liens; Discharge by Bonds

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-02-10 - (H) The committee(s) recommends that the measure be deferred. [HB440 Detail]

Download: Hawaii-2011-HB440-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	440
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO LIENS.

 

 

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

 

     SECTION 1.  The purpose of this Act is to impose a clear deadline by which to enforce bonds filed with the courts to discharge a mechanics' or materialmen's lien.

     SECTION 2.  Section 507-45, Hawaii Revised Statutes, is amended to read as follows:

     "§507-45  Discharge of lien.  Any mechanics' and materialmen's lien may be discharged at any time by the owner, lessee, principal contractor or intermediate subcontractor filing with the clerk of the circuit court of the county in which the property is located or with the assistant registrar of the land court (if registered land is affected except when the lien attaches solely to the interest of the lessees in one or more leasehold time share interests as described in section 501-20), cash or a bond for twice the amount of the sum for which the claim for the lien is filed, conditioned for the payment of any sum for which the claimant may obtain judgment upon the claimant's claim[.]; provided that:

     (1)  The claimant shall file an enforcement action upon the bond within three months of filing the cash or bond; and

     (2)  If an enforcement action is not filed within three months of filing the cash or bond, the court shall promptly refund the cash or discharge the bond."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Mechanics' and Materialmen's Liens; Discharge by Bonds

 

Description:

Requires enforcement of bonds for mechanics' and materialmen's liens within three months of its posting.

 

 

 

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