Clarifies that court process records or documents may be created, retained and stored electronically and converted to electronic form; clarifies the requirements for court seals; and allows court documents and records to be electronically signed and sealed.

A BILL FOR AN ACT

SECTION 1. Section 602-5.5, Hawaii Revised Statutes, is amended to read as follows:

"§602-5.5 Judiciary records[.] and documents. (a) Notwithstanding the provisions of any other law to the contrary, the supreme court shall determine whether, and the extent to which, the judiciary[,] will create, accept, retain, or store in electronic form any case, fiscal, [and] administrative, and process records or documents and convert written case, fiscal, [and] administrative, and process records or documents to electronic records.

(b) Notwithstanding [the provisions of] section 94-3, the supreme court shall determine the care, custody, and disposition of all judiciary case, fiscal, [and] administrative, and process records[.] or documents. A record of dispositional activity shall be maintained stating whether a record or document was retained by the judiciary; transferred to public archives, the University of Hawaii, the Hawaiian Historical Society[;], or another agency; or destroyed. This record shall be kept on forms specified by the supreme court. One copy of the record shall be filed in the court where the records originated, and the original shall be filed with the administrative director of the courts or an agency designated by the director."

SECTION 2. Section 606-3, Hawaii Revised Statutes, is amended to read as follows:

"§606-3 Seal of court[,]; signature; attestation. (a) Each court of record shall have a seal, [the device of] which shall be as approved by the supreme court. The seal shall [be in the custody of the clerk of the court, and shall be] clearly show, when impressed, embossed, stamped, or imprinted upon a court document, process, or certificate, the court's title and the words "State of Hawai'i". When impressed, embossed, stamped, or imprinted upon [all] court processes and [official certificates,] court documents that are certified or exemplified, the seal shall be accompanied by the clerk's official attestation.

(b) Any requirement that a case, fiscal, administrative, or process document or record be signed, notarized, certified, acknowledged, verified, exemplified, or made under oath or seal is satisfied if the electronic signature or seal of the judge, clerk, or other person authorized to perform these acts, together with all other information required to be included, is attached to or logically associated with the document or record."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.