STAND. COM. REP. NO. 657-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2649
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 2649 entitled: 

     "A BILL FOR AN ACT RELATING TO NONCONSENSUAL COMMON LAW
     LIENS,"

begs leave to report as follows:

     The purpose of this bill is to discourage the filing of
frivolous claims of lien directed against government officials or
employees.

     Testimony in support of this bill was provided by the State
of Hawaii Judiciary.  The Department of Land and Natural
Resources testified in support of the intent of this bill.

     Your Committee finds that a problem exists for public
officials and employees whose personal real property may be
encumbered by the filing of claims of lien without basis in law
or fact.  This measure discourages the filing of frivolous claims
of lien in such cases, by allowing the bureau of conveyances to
reject such a claim of lien presented for filing unless it is
accompanied by a certified copy of a state or federal court order
authorizing the filing of the lien.  To alert clerks in the
bureau of conveyances to check for the order, this bill requires
the lien claimant to designate in the caption that the lien claim
is directed against a public official.  Penalties imposed for
submission of an invalid court order in support of such a claim
of lien serve to further discourage the filing of frivolous
claims.

 
 
                                 STAND. COM. REP. NO. 657-00
                                 Page 2

 
     Your Committee has amended this bill by:

     (1)  Changing the state of mind requirement for criminal
          penalties under proposed section 507D-7(c), HRS, from
          "knowingly and intentionally" to "knowingly" for
          consistency with section 710-1017, HRS, tampering with
          a government record; and

     (2)  Making a technical, nonsubstantive change for clarity. 

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 2649, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
2649, H.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair