Bill Text: HI HB424 | 2013 | Regular Session | Amended
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-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
424 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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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 deeds' appointment, unless sooner removed by the governor.
§ -2 Oath, seal, and bond. (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 deeds' 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 deeds' 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.
(3) File and maintain with the chairperson of the board of land and natural resources a bond, payable to any victim harmed as a result of a breach of duty by the commissioner of deeds acting in the commissioner of deeds' official capacity, in the amount of $ . The form of the bond shall be approved by the chairperson of the board of land and natural resources.
(b) All bonds required by this section shall be issued by a surety company authorized to do business in the State, and shall run to the State. The bond shall be conditioned that the commissioner of deeds will faithfully perform the duties of the commissioner of deeds' office.
(c) In addition to any other remedy, the chairperson of the board of land and natural resources or any person claiming to have sustained damage by reason of any breach of the duties of the commissioner of deeds may bring an action on the bond for the recovery of any damages sustained therefrom. The liability of the surety shall not exceed the amount of the bond issued to the commissioner of deeds for whom the bond was issued.
(d) Termination, cancellation, or expiration shall not be effective, unless notice thereof is delivered by the surety to the chairperson of the board of land and natural resources at least sixty days prior to the date of termination, cancellation, or expiration. The chairperson of the board of land and natural resources shall give notice to the affected commissioner of deeds that notice of termination, cancellation, or expiration has been received and that the commissioner of deeds shall be suspended from performing any duties relating to the commissioner of deeds' office, unless prior thereto, a new bond has been filed with the chairperson of the board of land and natural resources.
(e) The certificate required under subsection (a)(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 of Legalisation for Foreign Public Documents.
(f) The commissioner of deeds' oath of office, the commissioner of deeds' signature, and impression of the commissioner of deeds' official seal shall be transmitted to and filed with the office of the lieutenant governor.
(g) 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 timeshare interest, any property subject to a timeshare plan, or the operation of a timeshare 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 deeds' 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 making the acknowledgement, 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 on which the oath was administered.
§ -5 Instructions. The lieutenant governor shall prepare and forward to the commissioner of deeds instructions and forms in conformity with law and a copy of this chapter."
SECTION 2. This Act shall take effect on July 1, 2112.
Report Title:
Timeshares; 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 timeshare properties located within the State. Effective July 1, 2112. (HB424 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
