HOUSE OF REPRESENTATIVES

H.B. NO.

1191

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to time share 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

TIME SHARE COMMISSIONERS OF DEEDS

   -1 Commissioners; appointment. The governor may appoint commissioners who shall serve for four years from the date of the individual commissioner's respective appointment, unless removed by the governor.

   -2 Oath and seal. (a) Within three months of appointment, a commissioner shall:

(1) Cause an official seal to be prepared upon which shall appear the commissioner'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's office; provided that the oath shall be taken before:

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

(B) Any officer of the United States diplomatic or consular service; provided that the oath may be taken before a resident in any foreign country or port if the resident is certified by the officer under the officer's seal or office; or

(C) Any person authorized by the law of any foreign country to take an acknowledgment or proof; provided that the acknowledgement or proof shall be accompanied by a certificate to the effect that the person giving the oath is duly authorized to do so and that the acknowledgement or proof is in a manner prescribed by the laws of the foreign country or a treaty or international agreement of the United States; provided further that the certificate may be issued by:

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

(ii) 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; or

(iii) An apostille, in the case of a foreign country that is party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.

(b) A commissioner's oath of office, signature, and an impression of a commissioner's seal shall be transmitted to and filed with the office of the lieutenant governor.

(c) For purposes of this section, a diplomatic or consular officer includes any minister, consul, vice-consul, charge d'affaires, consular or commercial agent, or a vice-consular or vice-commercial agent.

   -3 Powers; charges. A commissioner shall have the authority in any foreign country, international waters, and in any possession, territory, or commonwealth of the United States, to administer oaths and take acknowledgement and proofs of 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 instrument or writing to be used or recorded in the State in connection with:

(1) A time share interest;

(2) Any property subject to a time share plan; or

(3) The operation of a time share plan that includes any property located within the State;

provided that the instrument or writing is executed outside of the United States. Such oaths, acknowledgements, and proofs of execution shall be taken or made pursuant to the laws of the State including but not limited to sections 502-42, 502-43, and 502-48, and shall be certified by the commissioner under the commissioner's official seal. The certification shall be endorsed on or attached to the instrument or writing and shall have the same effect as if made or taken in the State by a licensed notary public. Charges made by commissioners for services rendered shall be at rates authorized by any law governing similar services rendered by public notaries within the jurisdictions in which the services were performed.

   -4 Records. Each commissioner shall keep a record of every acknowledgement, oath, and proof of execution in a book of records. Each record shall set forth, at a minimum, the date of the acknowledgement, parties to the instrument, persons making the acknowledgments, and a memorandum as to the nature of the instrument acknowledged. For oaths and affidavits, the record shall contain the names of the parties making the oath and affidavit, the date of the oath or affidavit, the nature of the instrument, and the date the oath was administered.

   -5 Instructions. The lieutenant governor shall prepare and forward to each commissioner a copy of this chapter and any necessary instructions and forms."

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

 

INTRODUCED BY:

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Report Title:

Time Shares; Conveyances

 

Description:

Creates a new chapter to authorize the governor to appoint commissioners to administer oaths, take acknowledgements, and proofs of execution outside of the United States in connection with the execution of conveyance documents relating to a timeshare interest, any property subject to a time share plan, or the operation of a time share plan covering any property located within the State.

 

 

 

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