THE SENATE	S.B. NO.	917
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO LAND.

 

 

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

 

     SECTION 1.  The legislature finds that the land court of the State of Hawai‘i has exclusive original jurisdiction over all applications for the registration of title to land easements or rights in land held and possessed in fee simple within the State, with power to hear and determine all questions arising upon the applications.  This includes parcels located in heavily populated areas of the State that were formerly owned by a sugar or pineapple plantation.

     In order to transfer property subject to land court jurisdiction, existing law requires that every deed or other voluntary instrument presented for recording contains the full name of the grantee and a statement that the grantee is married or unmarried, and if married, the statement must include the full name of the spouse.  Hawai‘i, like all states, permits spouses to change surnames upon marriage; however, Hawai‘i law is unlike most states in that it requires that each of the parties to a marriage or partners in a civil union shall declare the middle and last names each will use as a married person or civil union partner.  A majority of states, including California, recognize such change of names by the common law doctrine of "usage".  In Jech v. Burch, 466 F. Supp. 714 (D. Haw. 1979), Chief Judge Samuel King of the U.S. District Court for the District of Hawai‘i explained usage:  "I know of no general requirement of law in the absence of a statute that any special procedures must be followed to change one's name.  The common law was, quite clearly, that one was free to call himself by whatever name he wished."

     Because the certificates of marriage issued by most states and foreign counties do not state if any of the parties is changing the person's name as a result of the marriage, these persons, primarily women, encounter problems relating to their names when dealing with the land court.  Further, pursuant to the United States Constitution, the land court of the State of Hawai‘i should give full faith and credit to the acts, decisions, and orders of other states allowing name changes by the common law doctrine of usage.

     The purpose of this Act is to clarify that a valid government-issued photographic identification issued by the United States, this State, or another state shall be adequate proof of identify for the purposes of the land court of the State of Hawai‘i.

     SECTION 2.  Chapter 501, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§501-    Proof of name; name change.  For purposes of this chapter, the court shall accept valid government-issued photographic identification issued by the United States, this State, or another state, including a passport or driver's license, as evidence to prove a person's full name.  A true and correct copy of the valid government-issued photographic identification issued by the United States, this State, or another state as attested to by affidavit executed under the penalty of perjury shall be accepted in lieu of an original.  The court shall give full faith and credit to public acts, judgments, and orders of other states that recognize name changes by the common law doctrine of usage or any other method."

     SECTION 3.  New statutory material is underscored.

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

 

Report Title:

Land Court; Proof of Name; Name Change

 

Description:

Requires the land court to accept a valid government-issued photographic identification issued by the United States, this State, or another state as evidence to prove full name.  Requires land court to give full faith and credit to public acts, judgments, and orders of other states that recognize name changes by usage or other method.  (SD1)

 

 

 

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