Report Title:

Civil Proceedings

 

Description:

Amends government garnishment law. (SD1)

 

THE SENATE

S.B. NO.

423

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO Civil Proceedings.

 

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

SECTION 1. Section 653-1, Hawaii Revised Statutes, is amended to read as follows:

"§653-1 Government beneficiary defined. Any officer [or], employee, vendor under public contract, or other person in the service of the government of the State, or of any political or municipal subdivision thereof, or in receipt of, or entitled to a salary, stipend, [or] wages, or moneys, from the State, or any department, board, or bureau thereof, or from any political or municipal subdivision of the State, shall for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government beneficiary, hereinafter denominated such beneficiary."

SECTION 2. Section 653-2, Hawaii Revised Statutes, is amended to read as follows:

"§653-2 Attachment of salary, etc. The salary, stipend, or wages of the beneficiary may be attached for, and applied in the payment of the beneficiary's debts, in the manner prescribed in this chapter. The moneys of the beneficiary may be attached for, and applied in the payment of the beneficiary's debts, in the manner prescribed under chapter 652."

SECTION 3. Section 657-5, Hawaii Revised Statutes, is amended to read as follows:

"§657-5 Domestic judgments and decrees. Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered. No action shall be commenced after the expiration of ten years from the date a judgment or decree was rendered or extended. No extension of a judgment or decree shall be granted unless the extension is sought within ten years of the date the original judgment or decree was rendered. A court shall not extend any judgment or decree beyond twenty years from the date of the original judgment or decree. No extension shall be granted without notice and [a hearing.] the filing of a non-hearing motion or a hearing motion to extend the life of the judgment or decree."

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 Statutory material to be repealed is bracketed and stricken.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.