Hawaii 2023 Regular Session

Hawaii Senate Bill SB31 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	THE SENATE S.B. NO. 31 THIRTY-SECOND LEGISLATURE, 2023 ~~S.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO ATTACHMENT AND EXECUTION OF REAL PROPERTY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 31 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ATTACHMENT AND EXECUTION OF REAL PROPERTY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3		THE SENATE S.B. NO. 31
4		-	THIRTY-SECOND LEGISLATURE, 2023 ~~S.D. 1~~
	4	+	THIRTY-SECOND LEGISLATURE, 2023
5	5		STATE OF HAWAII
6	6
7	7		THE SENATE
8	8
9	9		S.B. NO.
10	10
11	11		31
12	12
13	13		THIRTY-SECOND LEGISLATURE, 2023
14	14
15		-	~~S.D. 1~~
	15	+
16	16
17	17		STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31		A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37		RELATING TO ATTACHMENT AND EXECUTION OF REAL PROPERTY.
38	38
39	39
40	40
41	41
42	42
43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47		-	SECTION 1. The legislature finds that it has not increased the real property exemption amount from attachment or execution since 1978, and since that time inflation has risen by three hundred per cent. Therefore, the purpose of this Act is to increase the exemption amount up to current valuation standards. SECTION 2. Section 651-92, Hawaii Revised Statutes, is amended ~~by amending subsection (a)~~ to read as follows: "(a) Real property shall be exempt from attachment or execution as follows: (1) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding [$30,000,] $90,000, owned by the defendant who is either the head of a family or an individual sixty-five years of age or older. (2) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding [$20,000,] $60,000, owned by the defendant who is a person. The fair market value of the interest exempted in paragraph (1) or (2) shall be determined by appraisal and shall be an interest which is over and above all liens and encumbrances on the real property recorded prior to the lien under which attachment or execution is to be made. Not more than one exemption shall be claimed on any one parcel of real property even though more than one person residing on such real property may otherwise be entitled to an exemption. Any claim of exemption under this section made before [May 27, 1976,] ~~January 1~~, ~~2024~~, shall be deemed to be amended on [May 27, 1976,] ~~January 1~~, ~~2024~~, by increasing the exemption to the amount permitted by this section on [May 27, 1976,] ~~January 1~~, ~~2024~~, to the extent that such increase does not impair or defeat the right of any creditor who has executed upon the real property prior to [May 27, 1976.] ~~January 1~~, ~~2024~~." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2023.
	47	+	SECTION 1. The legislature finds that it has not increased the real property exemption amount from attachment or execution since 1978, and since that time inflation has risen by three hundred per cent. Therefore, the purpose of this Act is to increase the exemption amount up to current valuation standards. SECTION 2. Section 651-92, Hawaii Revised Statutes, is amended to read as follows: "§651-92 Real property exempt. (a) Real property shall be exempt from attachment or execution as follows: (1) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding [$30,000,] $90,000, owned by the defendant who is either the head of a family or an individual sixty-five years of age or older. (2) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding [$20,000,] $60,000, owned by the defendant who is a person. The fair market value of the interest exempted in paragraph (1) or (2) shall be determined by appraisal and shall be an interest which is over and above all liens and encumbrances on the real property recorded prior to the lien under which attachment or execution is to be made. Not more than one exemption shall be claimed on any one parcel of real property even though more than one person residing on such real property may otherwise be entitled to an exemption. Any claim of exemption under this section made before [May 27, 1976,] , 2023, shall be deemed to be amended on [May 27, 1976,] , 2023, by increasing the exemption to the amount permitted by this section on [May 27, 1976,] , 2023, to the extent that such increase does not impair or defeat the right of any creditor who has executed upon the real property prior to [May 27, 1976.] , 2023. (b) No exemption authorized under this section shall apply to process arising from: (1) A lien as provided by section 507-42; (2) A lien or security interest created by a mortgage, security agreement, or other security instrument; (3) A tax lien in the name of the federal or state government; (4) An improvement district lien of any county of the State; or (5) A lien or encumbrance recorded against the real property prior to the acquisition of interest in and commencement of residence on such real property." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________
48	48
49	49		SECTION 1. The legislature finds that it has not increased the real property exemption amount from attachment or execution since 1978, and since that time inflation has risen by three hundred per cent. Therefore, the purpose of this Act is to increase the exemption amount up to current valuation standards.
50	50
51		-	SECTION 2. Section 651-92, Hawaii Revised Statutes, is amended ~~by amending subsection (a)~~ to read as follows:
	51	+	SECTION 2. Section 651-92, Hawaii Revised Statutes, is amended to read as follows:
52	52
53		-	"(a) Real property shall be exempt from attachment or execution as follows:
	53	+	"§651-92 Real property exempt. (a) Real property shall be exempt from attachment or execution as follows:
54	54
55	55		(1) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding [$30,000,] $90,000, owned by the defendant who is either the head of a family or an individual sixty-five years of age or older.
56	56
57	57		(2) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding [$20,000,] $60,000, owned by the defendant who is a person.
58	58
59	59		The fair market value of the interest exempted in paragraph (1) or (2) shall be determined by appraisal and shall be an interest which is over and above all liens and encumbrances on the real property recorded prior to the lien under which attachment or execution is to be made. Not more than one exemption shall be claimed on any one parcel of real property even though more than one person residing on such real property may otherwise be entitled to an exemption.
60	60
61		-	Any claim of exemption under this section made before [May 27, 1976,] January 1, 2024, shall be deemed to be amended on [May 27, 1976,] January 1, 2024, by increasing the exemption to the amount permitted by this section on [May 27, 1976,] January 1, 2024, to the extent that such increase does not impair or defeat the right of any creditor who has executed upon the real property prior to [May 27, 1976.] January 1, 2024."
	61	+	Any claim of exemption under this section made before [May 27, 1976,] , 2023, shall be deemed to be amended on [May 27, 1976,] , 2023, by increasing the exemption to the amount permitted by this section on [May 27, 1976,] , 2023, to the extent that such increase does not impair or defeat the right of any creditor who has executed upon the real property prior to [May 27, 1976.] , 2023.
	62	+
	63	+	(b) No exemption authorized under this section shall apply to process arising from:
	64	+
	65	+	(1) A lien as provided by section 507-42;
	66	+
	67	+	(2) A lien or security interest created by a mortgage, security agreement, or other security instrument;
	68	+
	69	+	(3) A tax lien in the name of the federal or state government;
	70	+
	71	+	(4) An improvement district lien of any county of the State; or
	72	+
	73	+	(5) A lien or encumbrance recorded against the real property prior to the acquisition of interest in and commencement of residence on such real property."
62	74
63	75		SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
	76	+
	77	+	SECTION 4. This Act shall take effect on July 1, 2023.
	78	+
	79	+
	80	+
	81	+	INTRODUCED BY: _____________________________
	82	+
	83	+	INTRODUCED BY:
	84	+
	85	+	_____________________________
64	86
65	87
66	88
67	89
68	90
69	91
70	92
71		-	SECTION 4. This Act shall take effect on July 1, 2023.
72	93
73	94
74	95
75		-	Report Title: Real Property; Exemption; Attachment; Execution Description: Increases the real property exemption amount for attachment or execution. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+
	102	+
	103	+
	104	+
	105	+
	106	+
	107	+
	108	+
	109	+
	110	+
	111	+	Report Title: Real Property; Exemption; Attachment; Execution Description: Increases the real property exemption amount for attachment or execution. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
76	112
77	113
78	114
79	115
80	116
81	117		Report Title:
82	118
83	119		Real Property; Exemption; Attachment; Execution
84	120
85	121
86	122
87	123		Description:
88	124
89		-	Increases the real property exemption amount for attachment or execution. ~~(SD1)~~
	125	+	Increases the real property exemption amount for attachment or execution.
90	126
91	127
92	128
93	129
94	130
95	131
96	132
97	133		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.