Bill Text: HI SB2863 | 2010 | Regular Session | Amended

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Bill Title: Tax Lien and Encumbrance Record

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-04-23 - (S) The conference committee deferred the measure. [SB2863 Detail]

Download: Hawaii-2010-SB2863-Amended.html

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STAND. COM. REP. NO.  1220-10

 

Honolulu, Hawaii

                , 2010

 

RE:   S.B. No. 2863

      S.D. 2

      H.D. 2

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Sir:

 

     Your Committee on Finance, to which was referred S.B. No. 2863, S.D. 2, H.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO THE TAX LIEN AND ENCUMBRANCE RECORD,"

 

begs leave to report as follows:

 

     The purpose of this bill is to expand the ability of state and county agencies to pursue reimbursement of outstanding debts by:

 

     (1)  Mandating the county Director of Finance to record the notice of judgments as an encumbrance payable to a county on any registered motor vehicle;

 

     (2)  Requiring the county Director of Finance to establish the payment of judgments payable to the State or county as a condition precedent to the vehicle's renewal, registration, or transfer of ownership;

 

     (3)  Requiring the Director of Finance to waive payments for and record the transfer of ownership of a vehicle if the existing owner or prospective new owner for the vehicle provides evidence that at the time ownership of the vehicle was taken, there were no notices of liens or judgments as to the vehicle on the motor vehicle registration computer file;

 

     (4)  Prohibiting the State, county, or any political subdivision from being charged a fee for any entry made in the tax lien and encumbrance record; and

 

     (5)  Providing, for a period of 18 months from the passage of this bill, the State and the counties with the absolute power to settle, discharge, release, and resolve any and all judgments, claims, liens, and encumbrances for an amount not less than what the debtor would have paid had timely payment been made prior to such judgment, claim, lien, or encumbrance, in instances when the outstanding amount is not more than $500.

 

     The Department of the Attorney General and Catrala-Hawaii supported this bill.  The Judiciary and City and County of Honolulu provided comments.

 

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2863, S.D. 2, H.D. 2, and recommends that it pass Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Finance,

 

 

		____________________________ MARCUS R. OSHIRO, Chair