STAND.
COM. REP. NO. 19-20
Honolulu, Hawaii
, 2020
RE: H.B. No. 1803
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2020
State of Hawaii
Sir:
Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1803 entitled:
"A BILL FOR AN ACT RELATING TO NOTARIAL ACTS,"
begs leave to report as follows:
(1) Outlines the instances in which notaries public may refuse to perform a notarial act;
(2) Authorizes notaries public to perform notarial acts for persons not in the physical presence of the notaries public and outlines the manner in which notaries public may do such notarial acts, including authorized technologies and electronic stamping;
(3) Clarifies the validity of notarial acts and the circumstances when notarial acts may not be performed; and
(4) Clarifies the retention of records.
Your Committee finds that notaries public are important professionals who witness the signing of documents and verify their authenticity, administer oaths and affirmations, and perform many other tasks. The essential purpose of notaries public is to prevent fraud. With this understanding, your Committee received concerns from the Department of the Attorney General regarding certain provisions of this measure and their impact on the promotion or deterrence of fraud. As an alternative, the Department introduced H.B. No. 2294 (Regular Session of 2020), which addresses some of the Department's concerns.
However, your Committee believes that your Committee on Judiciary is the more appropriate committee to determine which approach would be more befitting for the people of Hawaii. Should your Committee on Judiciary consider this measure, your Committee requests that your Committee on Judiciary consider the concerns raised by the Department of the Attorney General.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 2050, to encourage further discussion; and
(2) Making technical nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1803, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1803, H.D. 1, and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
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____________________________ ROY M. TAKUMI, Chair |
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