THE SENATE

S.B. NO.

473

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO electronic copies.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 1, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"1-   Acceptability of electronic copies as an original document. (a) An electronic copy of an original document shall be:

(1) Construed in the same manner as an original document for purposes of this chapter; and

(2) Acceptable for all purposes as intended by the particular statute that references an original document or like terms, unless otherwise provided by that statute.

(b) As used in this section, electronic copy means:

(1) A paper document that has been converted to a computer file; or

(2) A document that has been printed from a computer in which the original document was composed."

SECTION 2. Section 40-8, Hawaii Revised Statutes, is amended to read as follows:

"40-8 Statements of count to be filed. The comptroller shall file the original or electronic copy of the statement with the governor, duplicate with the director of finance, and the comptroller shall post and maintain the triplicate copy in the comptroller's office for at least one month thereafter."

SECTION 3. Section 502-82, Hawaii Revised Statutes, is amended to read as follows:

"502-82 Record or copy as evidence. The record of an instrument duly recorded, or a transcript thereof, duly certified, may also be read in evidence, with like force and effect as the original instrument. An electronic copy of an original instrument shall be an acceptable recordation. Neither the certificate of acknowledgment, nor the proof of any instrument, is conclusive, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby. If the party contesting the proof of an instrument makes it appear that the proof was taken upon the oath of an interested or incompetent witness, neither the instrument or electronic copy of the instrument nor the record thereof shall be received in evidence until established by other competent proof."

SECTION 4. The revisor shall substitute the words "original or electronic copy of" in place of the words "original of" in sections 132-11, 150A-12, 159-55, 161-50, 171-24, 184‑5.2, 199-5, 200-26, 200-49, 246-44, 261-17.5, 261-73, 266‑24.1, 271-27, 286-10, 291C-165, 325-52, 328J-12, 342B-45, 342F-10, 414D-250, 467B-6.5, 560:3-301, 560:3-402, 560:3-706, and 657D-32, Hawaii Revised Statutes.

SECTION 5. The revisor substitute the words "original document or electronic copy of the original document" in place of the words "original document" in sections 321-23.6, 414-14, 414-18, 414D-6, 414D-10, 421J-7.5, 425E-206, 431:8-305, 502-122, 711-1100, and 806-41, Hawaii Revised Statutes.

SECTION 6. The revisor shall substitute the words "original instrument or electronic copy of the original instrument" in place of the words "original instrument" in sections 456-17, 501-31, 501131, and 502-33, Hawaii Revised Statutes.

SECTION 7. The revisor shall substitute the words "original writing or transmission or electronic copy" in place of the words "original writing or transmission" in sections 414‑143 and 414D-113, Hawaii Revised Statutes.

SECTION 8. The revisor shall substitute the words "original writing or electronic copy" in place of the words "original writing" in sections 414-124, 551G-6, 576B-316, 583A‑111, and 626-1 (rule 1002), Hawaii Revised Statutes.

SECTION 9. This Act, upon its approval, shall apply retroactively to all original copies, original documents, original instruments, and original writings filed or recorded before July 1, 2013.

SECTION 10. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:

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Report Title:

Documents; Electronic Copies

 

Description:

Clarifies that electronic copies shall be construed in the same manner as an original document for purposes of chapter 1, HRS. Requires that electronic copies are acceptable for all purposes as intended by the particular statute that references an original document or like terms, unless otherwise provided by that statute.

 

 

 

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