(a) Notwithstanding any other law to the contrary, and subject to rules adopted by the department of land and natural resources pursuant to chapter 91, the registrar may:

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Terms Used In Hawaii Revised Statutes 502-123

  • Document: means information affecting title to real property that is eligible to be entered into the public records, including any plan of land prepared pursuant to section 502-17. See Hawaii Revised Statutes 502-121
  • Electronic: means relating to technology having electric, digital, magnetic, wireless, optical, electromagnetic, or similar properties. See Hawaii Revised Statutes 502-121
  • Electronic document: means a document that is stored in an electronic medium. See Hawaii Revised Statutes 502-121
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • recording: means the act of entering into the public records the written instruments affecting title to real property. See Hawaii Revised Statutes 502-7
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 502-121
(1) Accept, make, keep, enter, file, index, store, archive, and transmit electronic documents; provided that the registrar shall also continue to accept paper documents for recording and shall place entries for both types of documents in the same index;
(2) Convert or copy paper documents that are accepted for recording into electronic form;
(3) Convert or copy prior records of documents made in the bureau of conveyances into electronic form;
(4) Accept fees for services rendered under this chapter electronically; and
(5) Enter into agreements with other officials of states or political subdivisions thereof, or of the United States, on procedures or processes to electronically satisfy prior approvals and conditions precedent to recording and to facilitate the electronic payment of fees.
(b) This part shall also apply to any document that is received by the registrar of the bureau of conveyances or filed at the bureau of conveyances by the registrar of the land court pursuant to chapter 501.
(c) The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purposes of this part, including to determine when an electronic document shall be considered delivered to the registrar pursuant to section 502-32.
(d) To keep the standards and practices of recording in the State in harmony with the standards and practices of recording offices in other jurisdictions that enact provisions substantially similar to this part, and to keep the technology used by the registrar compatible with technology used by recording offices in other jurisdictions that enact provisions substantially similar to this part, the department of land and natural resources, so far as is consistent with the provisions of this part, in adopting rules under chapter 91, shall consider:

(1) The standards and practices of other jurisdictions;
(2) The most recent standards adopted by national standard setting bodies such as the Property Records Industry Association;
(3) The views of interested persons and governmental officials and entities;
(4) The needs of jurisdictions of varying size, population, and resources; and
(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
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