STAND. COM. REP. NO. 1230-06

Honolulu, Hawaii

, 2006

RE: S.B. No. 2600

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2600, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC COURT RECORDS, DOCUMENTS, PROCESSES, AND CERTIFICATES,"

begs leave to report as follows:

The purpose of this bill is to amend the statutory requirements for court documents, processes, and certificates by:

(1) Clarifying that court process records or documents may be created, retained, and stored electronically and converted to electronic form;

(2) Modifying the requirements for court seals; and

(3) Allowing court documents and records to be electronically signed and sealed.

The Judiciary and the Honolulu Police Department testified in support of this bill.

Your Committee has amended this bill by deleting its contents and inserting provisions that:

(1) Require the seal of a court to be in the custody or control of the clerk of the court;

(2) Allow the seal of the court to be impressed, embossed, stamped, or electronically imprinted upon a court document, process, or certificate; and

(3) Provide that any requirement that a court document, process, or certificate be signed, certified, acknowledged, verified, exemplified, attested, or made under oath or seal, is satisfied if the document bears an electronic seal of the court and an electronic image of the signature or electronic facsimile signature of the judge, clerk, or other authorized person.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2600, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2600, S.D. 1, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair