View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1301................................................by JUDICIARY AND RULES
JUDGMENT BOOK - Amends existing law to delete an obsolete reference to a
judgment book.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Stennett, Sweeney, Twiggs
Floor Sponsor - Deide
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Crow, Hansen, Jones(9), Pischner, Watson,
Mr Speaker
Floor Sponsor - Judd
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 68
Effective: 07/01/98
S1301|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1301 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO JUDGMENTS; AMENDING SECTION 10-1110, IDAHO CODE, TO DELETE AN 3 OBSOLETE REFERENCE TO A JUDGMENT BOOK. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 10-1110, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 10-1110. FILING TRANSCRIPT OF JUDGMENTS -- LIEN ACQUIRED. A transcript or 8 abstract of any judgment or decree of any court of this state or any court of 9 the United States the enforcement of which has not been stayed as provided by 10 law, if rendered within this state, certified by the clerk having custody 11 thereof, may be recorded with the recorder of any county of this state, who 12 shall immediately record and docket the same as by law provided, and from the 13 time of such recording, and not before, the judgment so recorded becomes a 14 lien upon all real property of the judgment debtor in the county, not exempt 15 from execution, owned by him at the time or acquired afterwards at any time 16 prior to the expiration of the lien; provided that where a transcript or 17 abstract is recorded of any judgment or decree of divorce or separate mainte- 18 nance making provision for installment or periodic payment of sums for mainte- 19 nance of children or alimony or allowance for wife's support, such judgment or 20 decree shall be a lien only in an amount for payments so provided, delinquent 21 or not made when due. The lien resulting from recording of a judgment other 22 than for support of a child continues five (5) years from the date of the 23 judgment, unless the judgment be previously satisfied, or unless the enforce- 24 ment of the judgment be stayed upon an appeal as provided by law. A lien aris- 25 ing from the delinquency of a payment due under a recorded judgment for sup- 26 port of a child after July 1, 1995, continues twenty-three (23) years from the 27 date of judgment unless the judgment be previously satisfied or unless the 28 enforcement of the judgment be stayed upon an appeal as provided by law. Pro- 29 vided, that no lien for child support shall continue more than five (5) years 30 after the child reaches the age of majority or five (5) years after the 31 child's death, whichever shall first occur. If the recorded judgment is for 32 the support of more than one (1) child, the lien shall continue until five (5) 33 years after the youngest child reaches the age of majority or five (5) years 34 after the death of the last remaining child, whichever shall first occur. The 35 transcript or abstract above mentioned shall contain the title of the court 36 and cause and number of action, names of judgment creditors and debtors, time 37 of entry, where entered in judgment bookand amount of judgment.
STATEMENT OF PURPOSE
RS07488
This bill is one of a series of bills that the Justices
of the Supreme Court transmitted to the Governor in their
annual "defects in the laws" report under Art. 5, Sec. 25 of
the Idaho Constitution.
Idaho Code ยง 10-1110 relating to the recording of court
judgments refers to a judgment book. A judgment book is no
longer maintained in the current judicial record keeping
system.
This bill eliminates this obsolete reference to a judgement
book.
FISCAL NOTE
This bill will have no impact to state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
Statement of Purpose/Fiscal Note S1301