Bill Text: HI HB424 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Time Shares; Conveyances; Commissioners of Deeds; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-07-09 - Became law without the Governor's signature, Act 277, 7/9/2013, (Gov. Msg. No. 1383). [HB424 Detail]

Download: Hawaii-2013-HB424-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

424

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to timeshare conveyances.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Timeshare commissioner of deeds

     §   -1  Appointment.  The governor may, in the governor's discretion, appoint and commission such number of commissioners of deeds as the governor deems necessary for the public good and convenience.  The term of office of a commissioner of deeds shall be four years from the date of the commissioner of deed's appointment, unless sooner removed by the governor.

     §   -2  Oath and seal.  (a)  A commissioner of deeds shall, within three months of the commissioner of deeds appointment:

     (1)  Cause an official seal to be prepared, upon which shall appear the commissioner of deed's name and the words "Commissioner of Deeds for Hawaii"; and

     (2)  Take and subscribe an oath to faithfully perform the duties of the commissioner of deed's office, which shall be taken and subscribed before:

          (A)  A notary public commissioned in this State or any other state;

          (B)  Any officer of the United States diplomatic or consular service, resident in any foreign country or port, when certified by the officer under the officer's seal of office; or

          (C)  Any person authorized by the law of any foreign country to take such acknowledgement or proof, when such acknowledgement or proof is accompanied by a certificate to the effect that the person taking the same is duly authorized to do so and that such acknowledgement or proof is in the manner prescribed by the laws of the foreign country or by treaty or international agreement of the United States.

     (b)  The certificate required under paragraph (2)(c) may be made by:

     (1)  A diplomatic or consular officer of the United States under the seal of the officer's office;

     (2)  A diplomatic or consular officer of the foreign country under the seal of the officer's office with the signature or facsimile of the signature of the diplomatic or consular officer of the United States; or

     (3)  Apostille in the case of a foreign country that is party to the Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents.

     (c)  The commissioner of deed's oath of office, the commissioner of deed's signature, and impression of the commissioner of deed's official seal shall be transmitted to and filed with the office of the lieutenant governor.

     (d)  As used in this section, "diplomatic or consular officer" means any minister, consul, vice-consul, charge d'affaires, consular or commercial agent, or vice-consular or vice-commercial agent.

     §   -3  Powers; charges.  A commissioner of deeds shall have the authority, in any foreign country, in international waters, or in any possession, territory or commonwealth of the United States outside of the fifty states, to administer oaths, and to take acknowledgements and proofs of execution in connection with the execution of any deed, assignment of lease, apartment deed and ground lease, condominium conveyance document, mortgage, deed of trust, contract, power of attorney, or any other writing to be used or recorded in this State in connection with a time share interest, any property subject to a time share plan, or the operation of a time share plan that includes any property located within this State where such instrument or writing is executed outside the United States.  Such oaths, acknowledgements, and proofs of execution shall be taken or made in accordance with law, including sections 502-42, 502-43, and 502-48, and certified by the commissioner of deeds under the commissioner of deed's official seal.  The certification shall be endorsed on or annexed to the instrument or writing aforesaid and shall have the same effect as if made or taken in the State by a notary public commissioned in the State.  Charges made by commissioners of deeds for services rendered shall be at the rates authorized by law for similar services rendered by notaries within the jurisdictions in which the services are performed.

     §   -4  Records.  Each commissioner of deeds shall keep a record of every acknowledgement, oath, and proof of execution in a book of records.  Each record shall set forth, at minimum, the date of the acknowledgement, the parties to the instrument, the persons acknowledging, and some detail of the instrument acknowledged.  For oaths and affidavits, each record shall set forth, at minimum, the name or names of the party or parties making the oath or affidavit, the date and nature of the instrument, and the date of administering the oath.

     §   -5  Instructions.  The lieutenant governor shall prepare and forward to commissioner of deeds instructions and forms in conformity with law and a copy of this chapter."

     SECTION 2.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Time Shares; Commissioner of Deeds

 

Description:

Authorizes the Governor to appoint Commissioners of Deeds to take acknowledgments, proofs of execution, or oaths in specified jurisdictions related to the conveyance of time share properties located within the State.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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