STAND. COM. REP. NO. 48

Honolulu, Hawaii

RE:    S.B. No. 119

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 119 entitled:

"A BILL FOR AN ACT RELATING TO THE UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT,"

begs leave to report as follows:

     The purpose of this measure is to update existing law regarding the recognition of foreign money judgments.

     More specifically, this bill would adopt the Uniform Foreign-Country Money Judgments Recognition Act and repeal chapter 650C, Hawaii Revised Statutes, the Uniform Foreign Money-Judgments Recognition Act.  The Uniform Foreign-Country Money Judgments Recognition Act updates current law by:

     (1)  Allocating the burden of proof with respect to the applicability of the Act to the party seeking recognition of a foreign country money judgment;

     (2)  Establishing procedures for obtaining recognition of foreign country money judgments;

     (3)  Expanding the grounds for denying recognition of foreign country money judgments, while also allocating the burden of proof to the party against such recognition; and

     (4)  Establishing a statute of limitations.

     The Hawaii Commission to Promote Uniform Legislation testified in support of this measure.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 119 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

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BRIAN T. TANIGUCHI, Chair