1998 Legislation
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SENATE BILL NO. 1301 – Judgment book, reference deleted


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1301

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT

 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 book  and amount of judgment.

Statement of Purpose / Fiscal Impact

                           STATEMENT OF PURPOSE
    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 
    This bill eliminates this obsolete reference to a judgement 
                               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