HOUSE OF REPRESENTATIVES	H.B. NO.	988
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to government records.

 

 

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

 

     SECTION 1.  In Molfino v. Yuen, Civ. No. 07-1-0378, 2014 (Haw. Sup. Ct. Nov. 13, 2014), the supreme court of the state of Hawaii upheld a circuit court ruling that, absent a statutory requirement, a government agency does not have a duty of reasonable care with respect to maintaining government records for the purpose of public inspection.  The purpose of this Act is to amend chapter 92, Hawaii Revised Statutes, to create a statutory requirement that government agencies exercise reasonable care in maintaining those government records open to public inspection.

     SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§92-    Duty to exercise reasonable care in maintaining records.  (a)  Each unit of government in the State and its political subdivisions shall:

     (1)  Exercise reasonable care in the maintenance of all government records under its control that are required by chapter 92F to be available for public inspection;

     (2)  Issue instructions and guidelines necessary to effectuate this section; and

     (3)  Take steps to ensure that all its employees and officers who are responsible for the collection, maintenance, use, and dissemination of government records are informed of the requirements of this section.

     (b)  Adherence to a duly adopted records retention and destruction policy shall create a rebuttable presumption that the unit of government of the State or its political subdivisions exercised reasonable care in its maintenance of government records for purposes of this section and in defending a cause of action raised pursuant to this section.

     (c)  Damages for any breach of the duty set forth under this section shall be no more than $2,000 per violation."

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Government Records; Maintenance; Duty to Exercise Reasonable Care; Public Inspection

 

Description:

Requires each unit of government of the State and its political subdivisions to exercise reasonable care in the maintenance of all government records under its control that are required to be made available for public inspection.

 

 

 

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