Bill Text: HI SB1349 | 2010 | Regular Session | Amended

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Bill Title: Notary Public

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1349 Detail]

Download: Hawaii-2010-SB1349-Amended.html

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STAND. COM. REP. NO. 567

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1349

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 1349 entitled:

 

"A BILL FOR AN ACT RELATING TO NOTARIES PUBLIC,"

 

begs leave to report as follows:

 

     The purpose of this measure is to:

 

(1)  Clarify which types of authorized changes to notarized documents shall not constitute misrepresentation of a notarized document in the first or second degrees;

 

(2)  Clarify that it shall not be considered misrepresentation of a notarized document if alternations made to the document after notarization have been approved by all parties who signed it; and

 

(3)  Provide that for the purpose of the offense of failure to authenticate with a certification statement, if the number of pages of the document being notarized cannot be readily ascertained, the notary public is required to state that the number of pages is unknown.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General and Title Guaranty of Hawaii.

 

     Your Committee finds that the processing of real estate transactions involves documentation that often requires the participation of many parties, some of whom may be located in other states or countries.  It also involves satisfying the requirements of lenders, and ultimately the documents must be acceptable to the Bureau of Conveyances and the Office of the Assistant Registrar of the Land Court.  This measure would facilitate the processing and acceptance of such documents.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting section 2, relating to the elements of failure to authenticate with a certification statement;

 

     (2)  Adding Senate Bill No. 850, SD1, relating to notary seals, which require a notary public's commission number to be included on the notary public's official seal or stamp; and

 

     (3)  Making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1349, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1349, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair